Thinking Critically about Relevant Legal IssuesGovernment Protection against Unsafe Products

The recent scares caused by toxic products imported from China should be of concern to all retailers. The problematic products have varied from toy trains to toothpaste to tires. In 2006, the United States imported almost $290 billion worth of goods from China. Because such a huge number of our products are made in China, these incidents are a major concern for both consumers and retailers. Under product liability laws, consumers can sue retailers for selling them a defective or dangerous product.

The ability of consumers to sue the retailers for a product that was defectively made in another country is very harmful to the retailers. Theretailers either must perform many expensive checks on their merchandise, which is increasingly coming from other countries, such as China, or they just have to trust that the merchandise is being made responsibly. This dilemma is very dangerous for businesses and could mean major expenses either from increased merchandise testing or from product liability lawsuits. For example, Foreign Tire Sales, Inc. (FTS), is being held responsible for the recall of defectively made tires, which it says it cannot afford without going into bankruptcy. Even though FTS did not make the tires, and the designs that it provided to the manufacturer were safe, FTS is being punished because it sold the tires.

Rather than making businesses responsible, the government should institute more inspections of foreign merchandise to ensure that the public is being protected. In response to the poisonous toothpaste from China, the Food and Drug Administration (FDA) is checking all shipments of toothpaste for toxins. Rather than waiting until the problem emerges, the FDA and other government agencies should check foreign goods as a preventative measure. Although the government obviously cannot increase regulations or inspections in Chinese factories, it can perform more inspections and require more extensive documentation when the products come into our country.

More inspections and regulation by the government will help protect business owners from product liability lawsuits, because it will remove the defective products before they reach consumers. The government should be responsible for inspecting these products because it is better able to inspect all of the foreign products; it has the money, the manpower, and the systems already in place. If the government can afford to check every shipment of toothpaste now, it should be able to increase checks before the toxic product reaches consumers.

The government should take the responsibility of protecting its citizens and its businesses. The government should protect its citizens from purchasing unsafe merchandise and protect its businesses from lawsuits over unsafe foreign merchandise.

Expalin the topic in a different point of view

Clue:How could the inclusion of any missing information change the conclusion of the essay?