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For Immediate Release: May 1, 2008
Contact: Amaya Smith
202-965-3500 x740
AJ Press Room
Attorney Set to Testify Says No One Should Lose a Child Due to Defective Foreign Products
Washington, DC –Legislation being considered today by the House Judiciary Subcommittee on Commercial and Administrative Law would make it easier to hold foreign manufacturers accountable when their products injure or even kill Americans. Consumers have faced a wave of recent scares related to injuries and deaths involving hazardous foreign products such as exploding tires, tainted prescription drugs like Heparin, and toxic, life threatening toys.
Currently, foreign manufacturers are able to skirt U.S. law by claiming they never intentionally marketed their product where the consumer lives. These manufacturers claim they aren’t subject to U.S. law while continuing to export billions in products to all 50 states. The Protecting Americans from Unsafe Foreign Products Act would force foreign manufacturers to play by the same rules as American manufacturers and stop hiding behind American corporations who distribute their products.
“When a defective scooter made in China caused the death of my client’s 13-year-old daughter, it was nearly impossible to locate the Chinese manufacturer to hold them accountable in the United States,” said Richard R. Schlueter, Esq., an attorney and American Association for Justice member set to testify before the subcommittee. “There is something very wrong about a system that allows these companies to manufacture, distribute and do business in a country where they are not required to abide by the law of the land. Other Americans should not have to go through what my client did in order to receive justice for the loss of a loved one.”
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Protect Americans From Unsafe Products by Holding Foreign Manufacturers Accountable
Every day, American consumers are vulnerable to injury or death from dangerous foreign products. The recent deaths as a result of the blood thinner Heparin, due to a contaminant added by a Chinese supplier is one more example of why there must be multi-pronged approach to ensuring these goods are safe. Beefing up U.S. inspections of foreign goods is an important step but it is only one part of the solution. The Protecting Americans from Unsafe Foreign Products Act (H.R. 5913) will make it easier for U.S. consumers to hold foreign manufacturers accountable for deaths and injuries from their products.
Holding Foreign Manufacturers Accountable Would Improve Public Safety
Chinese products made up 61 percent of the total recalls announced by the Consumer Product Safety Commission from October 2006 to September 2007.[1] The Protecting Americans from Unsafe Foreign Products Act would allow Americans to hold foreign manufacturers accountable in a U.S. court of law and force them to play by the same rules as American manufacturers. This legislation would compel foreign manufacturers to make their products safer or face the consequences of legal action.
Foreign Manufacturers Make Billions Off Americans While Ignoring Our Laws
The Protecting Americans from Unsafe Foreign Products Act makes it easier for a consumer to hold a foreign manufacturer accountable in the state where the injury occurred. Foreign manufacturers are able to avoid legal responsibility by claiming they never intentionally marketed their product to that state. These manufacturers are able to ignore claims from U.S. consumers while continuing to export billions in products to all 50 states.
Below are cases that were dismissed even though it was clear these companies were intentionally marketing their products for American consumers:
Texas resident Marissa Lee Moore was injured on a Chuck E. Cheese Pizza Time Theater kangaroo ride. Although the German-based manufacturer was fully aware that its rides were being sold in America – approximately 500 rides were modified for distribution in America –the Texas Appellate Court dismissed Marissa’s claims, citing that the German ride maker never promoted or advertised its rides in the U.S.
David Irizarry was injured by his East Longitude Trading (ELT) wood chucking tool. An Ohio District Court dismissed David’s claim against the Taiwanese-based wood chucking tool manufacturer even though he purchased the wood chucker from an American catalogue in America. Furthermore, ELT was aware that their products were being sold through a catalogue in America. Since 1989, ELT had netted $2 million in profits from American catalogue sales.
Foreign Manufacturers Should Not Have an Advantage Over American Businesses
American businesses have incentive to produce quality goods because they will be held liable by our civil justice system. Under current law, foreign companies have no such incentive because it is often difficult or impossible to subject them to the jurisdiction of U.S. courts. The Protecting Americans from Unsafe Foreign Products Act levels the playing field so that foreign companies are subject to the same laws as American businesses.
[1] Plastics News February 4, 2008, CPSC: Industry has to tackle toy safety, Steve Toloken, Pg. 13
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