The fight for marriage equality will rage on another day. On Tuesday, May 26th, California’s Supreme Court ruled to uphold the state’s gay-marriage ban, also known as Proposition 8. The 6-1 decision by Chief Justice Ron George rejected an argument from activists that Proposition 8 revised the California constitution’s equal protection clause.

Although the Court also ruled that the 18,000 same-sex weddings that took place before the prohibition passed are still valid and it would be too disruptive to apply Prop 8 retroactively, activists said they would go back to the voting public as soon as possible to repeal the ban.

The California Supreme Court ruled 4-3 last May that it was unconstitutional to deny gay couples the right to wed. Since that time, same-sex couples from around the country came to California to wed before this ruling made its way to the voters during the 2008 election. Consequently, Proposition 8 did pass with a 52% approval. As the fight raged on in California, Iowa, Maine, Vermont and Connecticut legalized gay marriage.

Although the court ruled that the ban denies gay couples use of the term “marriage,” California still allows gay couples to form domestic partnerships and does not “disturb the basic right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within the family.”

So what are your thoughts? Was justice upheld today based upon the voice of the voters, or was the decree of our Constitution challenged today and overruled? No matter what side of the fence you stand on this issue, there is a long fight ahead that will impact our country and that of generations to come.

Colorado shoppers will be able to keep using plastic grocery bags after lawmakers stopped what would have been the nation’s first statewide ban on plastic grocery bags. Lawmakers successfully lobbied that the ban would lead to increased use of paper bags, which take more energy and money to produce, and take up more room in landfills than plastic bags.

However, bill sponsor Sen. Jennifer Veiga believes there was political, and personal, motivation behind the decision as well. “No other states have passed such bans yet and I think Colorado lawmakers were wary of being the first. Also, I have been contacted by constituents who didn’t want to have to give up their plastic bags.”

Lawmakers in several other states such as Hawaii, Missouri, New Jersey and New York are considering launching similar bans on plastic bags this year. And nine other states are considering adding fees to plastic bags, ranging from 3 cents in Vermont to 25 cents in California.

Veiga claims that plastic bags pose a bigger problem than paper ones “because they’re used more widely, they’re made with petroleum products, and they aren’t recycled as much as paper.” Sen. Ted Harvey said the bill’s intentions are good but said banning plastic bags wouldn’t help the environment.

“Human nature says that people will go toward the most convenient product, and that is the paper bag,” said Harvey.

San Francisco has passed a plastic bag ban, and plastic shopping bags will be banned from stores in Los Angeles beginning July 1, 2010. Shoppers can either bring their own bags or pay 25 cents for a paper or biodegradable bag.

So what are your thoughts on this issue? Paper or plastic?

Garment workers, manufacturers and small-business owners gathered in front of Macy’s flagship store in New York Tuesday to protest a new anti-lead law they say will cut their jobs and devastate wide-spread retail profits.

The Consumer Products Safety Improvement Act of 2008 requires that all items sold for use by children under the age of twelve, including clothing, toys and other products, must be tested for lead. Congress passed the act after the U.S. recall of millions of lead-containing toys imported from China.

But this new act does not come without major concerns. Tuesday’s protest was organized by the Coalition for Safe and Affordable Childrenswear, which represents hundreds of manufacturers and family business workers. The coalition says the new rules would cost thousands of jobs and drive companies out of business.

Coalition members said manufacturing practices have already changed to comply with the new law, but they are asking Congress to ease a provision that will retroactively force them to pull $500 million worth of possible lead-containing products from shelves.
In passing the act, Congress had asked the Consumer Product Safety Commission (CPSC) to come up with specific methods on how and by whom products should be tested and certified to be lead-free. But the coalition says up until now, there have been no definitive regulations set in place to execute this.

“Until regulations are set in place on how to do the testing and certify that something is lead-free, retailers won’t risk putting anything on their shelves that could contain lead, thereby halting the demand for thousands of products, and cutting manufacturing jobs in the process,” a spokesperson for the coalition said.

Steve Levy, of Star Ride Kids sportswear, said the coalition is not asking for special treatment or government bailouts. “All we are asking for is some common sense. At the exact moment when Congress is debating a $900 billion economic rescue bill, it should be looking for every opportunity to create jobs, not kill them.”

It is true that the economy is facing its worse financial crisis in history, and that every job this country can sustain is critically important. However, what is the lesser of two evils in this situation? Keeping jobs and businesses afloat, or keeping health regulations in check and making sure toxic products do not end up in the hands of our children? Although it is clear that the coalition, Congress, and the CPSC all want to arrive at a place where lead-containing products are not released into the marketplace and manufacturing jobs aren’t threatened in the process, until that time, whose side are you on?

For more information on the Consumer Products Safety Improvement Act of 2008, visit the CPSC. To learn more about the Act’s predecessor, the Consumer Product Reform Act of 2007, click here, or visit LawInfo’s free legal resource center for more CPSC legal news.

On Wednesday, Toyota Motor Corp announced it would recall more than 1.35 million Vitz, Belta and Ractis international models to fix a defect in the seatbelt, a component in the exhaust system, or both.

Subject to the recall in Japan are 525,898 Vitz, Belta and Ractis cars built from January 2005 to April 2008, and a combined 830,000 units of the Vitz subcompact and Belta (called Yaris in many markets) exported to Europe, North America and other countries.

The recall started in Japan, where one case of fire was reportedly caused by a faulty seatbelt design, which could cause a noise-absorber device to melt when the seatbelt tensioner is activated in a collision, Toyota said.

The defective exhaust-gas recirculation (EGR) pipe, which is being recalled due to a possibility of the pipe cracking and leaking exhaust gases, also originated in Japan, but no accidents have been reported.

Toyota declined to disclose the estimated cost of the recalls.

For more information, or if you own one of these recalled cars, call Toyota at 800-331-4331. For more information on product recalls, visit LawInfo’s free legal resource center, or contact a Lead Counsel products liability attorney in your area today.

The FDA has notified healthcare professionals that they are working with the makers of blood-thinner Plavix in order to determine the effectiveness of the drug in some patients.

The FDA is studying reports that taking certain heartburn medications mixed with clopidogrel (Plavix) decreases the benefits of the drug. Also, differences in effectiveness may be due to genetic differences in the way the body metabolizes clopidogrel.
Marketed by Bristol-Myers Squibb Co., Plavix is the second-best-selling drug in the world.

The drug manufacturers have agreed to a timeline for completing the studies. The FDA will review the new information and communicate its conclusions, as well as any recommendations, to the public at that time.

Until further information is available, the FDA recommends that patients should continue to take Plavix (clopidogrel) as directed, but healthcare providers should re-evaluate the need for prescribing starting treatment with Plavix. Also, patients taking Plavix should consult with their healthcare provider if they are currently taking or considering additional medication.

For more information, visit the FDA at http://www.fda.gov/medwAtch/safety/2009/safety09.htm.

A man who froze to death in Wisconsin while sleepwalking outdoors was found to have a bottle of Ambien in his bedroom, but it has not been determined whether he took the medication on the night of his death.

Timothy Brueggeman, 51, was found outside his rural home Tuesday morning when the temperature was minus 16 degrees. He was wearing only underwear and a fleece shirt, and died of hypothermia, authorities said.

Ambien, the most-prescribed sleeping pill in the nation, has been linked to hundreds of cases of sleepwalking, sleep-driving and even sleep-shoplifting.

Brueggeman’s mother, Geraldine Brueggeman, said she advised him to quit taking Ambien last summer after he drove his pickup truck without waking up.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.

A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked products liability questions, or contact an experienced Lead Counsel products liability attorney in your area today.

The FDA has announced that more than 125 different products have been recalled for possible salmonella contamination in what is now being called one of the largest food recalls in history.

Everything from crackers to ice cream to dog biscuits is being recalled and investigated. On Tuesday, PetSmart recalled seven varieties of its “Great Choice” dog biscuits. On Wednesday, NutriSystem issued a recall for their peanut butter granola bars. Last week, Kellogg recalled some of its Austin and Keebler brand peanut butter crackers. Salmonella was later confirmed in a package of Austin crackers.

All recalled products were made with peanut paste or peanut butter manufactured at a Peanut Corp. of America plant in Blakely, GA. The plant has suspended further production of any peanut-based products at this time.

To help consumers, the FDA has set up on its site a searchable list of recalled peanut products. “We expect (the) number to continue to increase,” said Stephen Sundlof, head of the FDA’s food safety program. More than 480 people have been sickened in the outbreak, which has contributed to at least six deaths.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.

A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked product liability questions.

So far, 2009 isn’t starting out great when it comes to safe products for children. There have been a lot of products recalled, including cribs, baby garments and common household objects. The following list comprises recalls that have been announced so far this year:

Stork Craft baby cribs

About 535,000 Stork Craft baby cribs, manufactured in Canada, China and Indonesia, have been recalled due to metal mattress-support brackets cracking and breaking, causing the mattress to collapse and creating a gap where a child could get trapped and possibly suffocate. The Consumer Product Safety Commission is aware of 10 incidents of support brackets that broke, although no injuries have been reported.

The cribs were sold at J.C. Penney, Kmart, Wal-Mart and other stores around the country. They were also sold online at amazon.com, babiesrus.com, costco.com and walmart.com from May 2000 through January 2009.

For more information, call 866-361-3321, or visit http://www.storkcraft.com or http://www.cpsc.gov.

Taggies Sleep’n Play baby garments

About 16,000 Taggies Sleep’n Play baby garments, made in China, have been recalled due to snaps on the garments possibly detaching and posing a choking hazard to children. No incidents or injuries have been reported.

The products were sold at Babies R Us, Buy Buy Baby, Dillards, Nordstrom and other specialty stores nationwide and Internet retailers from January 2007 through November 2008.

For more information, call 888-594-3730, or visit http://www.rashtiandrashti.com or http://www.cpsc.gov.

Roman shades by Cost Plus Inc.

About 692,400 Roman shades and roll-up blinds, manufactured in India and China and distributed by Cost Plus Inc., have been recalled due to the cords posing a strangulation hazard for children. No incidents have been reported with the blinds in this recall, but CPSC is aware of the deaths of three children involving similar styles of blinds and shades.

The shades and blinds were sold at Cost Plus and World Market stores around the country from February 2006 to August 2008.

For more information, call 877-967-5362, or visit http://www.worldmarket.com or http://www.cpsc.gov.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked product liability questions.

On January 1st, 2009, laws mandating stores sell only cigarettes that are slow-burning and comprised of fire-safe paper went into effect in Delaware, Iowa, Oklahoma, Pennsylvania and Texas. Fifteen other states have laws that will take effect this year or next, according to the Coalition for Fire-Safe Cigarettes.

The paper on these cigarettes is thicker in two separate areas so they will extinguish (if not puffed) when they burn to these spots. This was designed to prevent fires caused by unattended cigarettes. It is estimated that about 800 Americans die each year in fires caused by careless smoking.

“There has been a rash of smoking materials deaths,” Oklahoma Fire Marshal Robert Doke said Monday. “A cigarette will fall into overstuffed furniture or mattresses when people fall asleep, or it rolls off an ashtray and on to the carpet, then the possibility for ignition happens. This cigarette is supposed to snuff out before it can cause enough heat to start a flame.”

States that have already implemented fire-safe cigarette laws are New York, Vermont, California, Oregon, New Hampshire, Illinois, Maine, Massachusetts, Kentucky, Montana, New Jersey, Connecticut, Maryland, Utah, Alaska, Rhode Island and Minnesota, as well as the District of Columbia. Idaho, Indiana, Kansas, Colorado, Arizona, Washington, Louisiana, Hawaii and Wisconsin have laws that take effect this year. Florida, Georgia, North Carolina, Tennessee, Virginia and South Carolina have laws that will take effect in 2010.

A New Year brings new laws across the United States. Some laws will have a small impact; others will be felt by thousands, if not millions of people. Some of these laws include the no-texting while driving law in California, no trans-fat in fast food restaurants law for Oregon, and a referendum that bans non-married, cohabitating couples from fostering or adopting a child in Arkansas. To find out more about the new laws in your state, simply visit your state’s home page (e.g. www.ca.gov for California, etc.)

The Chinese companies whose tainted milk products were responsible for the deaths of six children and sickening nearly 300,000 others will pay close to $160 million (or $1 billion yuan) in compensation to victims’ families, reporters announced Tuesday. Details of the order came after trials began for 15 people charged with the production and sale of melamine, an industrial chemical added to milk to boost protein readings in tests.

At least four of the suspects on trial could be given the death penalty, according to the official Xinhua News Agency. Xinhua said verdicts would be announced on an unspecified date.

The four suspects face charges of endangering public safety by producing 200 tons of a mixture of melamine and malt dextrin (a food additive) that they marketed to milk producers, according to agency reports. Between November 2007 and August 2008, the suspects sold 110 tons to milk producers, including the primary company at the center of the investigation, Sanlu Group Co., for a total of $180,000.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked product liability questions.