Cups Marketed To Children On Amazon Recalled Due To Lead Hazard
Stainless steel children’s cups have been recalled from the mega-site Amazon after they were found to exceed the federal limit on the amount of lead found in a product. The Consumer Product Safety Commission announced a recall of Tiblue Home stainless steel cups that were sold on Amazon from August 2021 to July 2023 for about $20. The recall affects about 84,000 products sold on the site.
Another stainless steel cup marketed to children was also recalled from Amazon. This recall involved 3,600 Klickpick Home stainless steel cups sold online from March through September. They were sold for $20 for a set of two or $30 for a set of four.
According to the Consumer Product Safety Commission, the products are being recalled due to “an accessible solder bead” that contains excessive amounts of lead located at the bottom of the cup. In addition to these problems, the lid of the cup can crack and break during use creating a potential cutting hazard to children who use the cup and causing choking or laceration hazards. No injuries have been reported from the cups. Lead, however, is toxic and especially to children. It can cause neurological problems such as developmental delays when ingested over a long period of time. However, it can also be a risk in single doses. Symptoms of lead exposure include abdominal pain, sluggishness and fatigue, loss of appetite, irritability, constipation, and more.
The Consumer Product Safety Commission advises consumers to immediately discontinue use of the lead-tainted cups and contact the retailer for a full refund.
Amazon products and product liability
In a lawsuit filed in California, Loomis v. Amazon, LLC, the central issue boiled down to whether or not Amazon could be held strictly liable for a defective product that caused injury to one of its customers. In this case, the lawsuit was filed over a defective hoverboard. The hoverboard was prone to catching fire and causing injury to its users. Amazon argued that because it was not the manufacturer of the product, plaintiffs should not be able to sue them under the theory of strict liability. Strict liability means that a plaintiff does not need to prove negligence in order to win a claim against a manufacturer. In terms of product liability, strict liability means that if an individual is injured by a product while using it in a manner that could be readily anticipated by the manufacturer, the manufacturer is liable for their injuries regardless of whether or not the manufacturer was negligent. In Loomis, the court decided that Amazon could be held strictly liable for a third-party product sold on its platform. Today, such claims against Amazon are common and plaintiffs can file claims directly against Amazon for defective products sold on their platform.
Talk to a Florida Amazon Product Liability Lawyer Today
If you have been injured due to a dangerous or defective product sold over the Amazon marketplace, call the Florida personal injury attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.