The Verdict - The Lombardi Law Firm Blog
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Can you imagine a civil justice system where a milk producer would be allowed to manufacture infant baby formula so poisonous that your infant would develop kidney stones or go into kidney failure and the Courts would dismiss your case; or the government that is supposed to protect your child, orders the responsible companies to pay you a measly $290.00 USD (2,000 Yuan) or if your child was really sick with kidney failure $4,350.00 USD (30,000 Yuan).
This is pathetic. Chinese lawyers sued 63 defendants seeking 14 million Yuan in compensation ($2,030,000.00 USD) and the Chinese Courts dismissed the case. The Associated Press reports the following:
“Lawyers seeking to bring a lawsuit against the companies involved say they understand that most children who suffered kidney stones from the tainted milk would get 2,000 yuan ($290), while sicker children would be paid 30,000 yuan.
Chinese courts have rejected all claims filed by the victims' families, including a lawsuit initiated this month by lawyers representing 63 defendants that sought nearly 14 million yuan in compensation from Sanlu.”
This is exactly the system tort reformers want you to buy into. Whether it’s the American Tort Reform Association, What is Tort Reform, Anyway or the American Chamber of Commerce if left unchecked they would do exactly what the Bush Administration did to the banking regulatory system in this country.
Food Safety: How do we keep our children safe without knowing the country of origin?
Here is the problem. This is the label of the powdered coffee whitener at our office. It clearly demonstrates the consumer’s problem in determining the country of origin (COO). And leads one to think our own government is working to maintain the difficulty of consumers determining COO. So if I’m wrong then how about the FDA or someone from the FDA telling me I’m wrong or telling us how to determine COO.
I did search the FDA site for “COO + country + origin + consumer + products + UPC + Code”.
Yes. Unless excepted by law, the Tariff Act requires that every article of foreign origin (or its container) imported into the United States conspicuously indicate the English name of the country of origin of the article.
Section 304, Tariff Act of 1930, as amended (19 U.S.C. 304)
FDA does not have regulatory authority over such statements. The U.S. Customs Service regulates country of origin marking (i.e., "Made in the U.S.A.") as authorized by the Tariff Act of 1930. Their website is www.customs.ustreas.gov.
The UPC bar code may be obtained from the Uniform Code Council. Their website is www.uc-council.org. Click on the button that says "I Need a UPC Bar Code."
Here are labels from Nestle coffee whitener in our office. As you can see there is no way to tell country of origin. If we are supposed to assume that unless indicated it's MADE IN THE USA, that is inadequate and not a safe assumption.