According to the Public Interest Research Group’s 2008 “Trouble in Toyland” report, 45 million toys and other children’s products were recalled in 2007. Since then, Congress passed the Consumer Product Safety Improvement Act in an attempt to curtail the recent rush of toy recalls. The Act’s main focus is directed toward lead poisoning, requiring all children’s products be tested for lead content before offered for sale to the general public. There are also new provisions concerning required tracking labels, choking hazard warnings, and a prohibition on phthalates in children’s products. However, it remains to be seen how these new testing requirements and deadlines will actually play out in the marketplace.

When a product causes injury while being used in a reasonable manner, the manufacturer, wholesaler or seller may be liable for the injury. If an injury occurred because of bad design, poor manufacturing, or ineffective instructions or warnings, the manufacturer or distributor is responsible for the harm caused by its defective product.