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Products Liability
Tainted Toothpaste Importers and Distributors Face Charges
March 10, 2008
Criminal charges have been filed against two Vernon-based companies for importing Chinese-manufactured tainted toothpaste laced with a banned substance.
According to the complaint, Selective Import Corp., a Vernon-based company, imported the toothpaste that sold by the name Cooldent, while another Vernon-based company, Vernon Sales Inc., distributed the toothpaste to mini-marts and bargain shops. At least 480 of the tubes, it is reported, made it to store shelves in Los Angeles.
The banned substance contained in the toothpaste is diethylene glycol, an anti-freezing agent that is banned in the United States in certain products. In Panama, in the last two years alone, cough syrups laced with Glycol have been responsible for the deaths of at least 100 persons. The cough syrups were also manufactured in China. Glycol is widely used in China as a sweetener in cough syrups, and other medicines.
The President of Selective Imports Kamyab Toofer and Vice President Pejman Mossey were each charged with 15 counts of receiving and selling adulterated drugs. The President of Vernon Sales Frahad Nazarian and Vice President Yones Ghermezi were each charged with two counts of receiving and selling an adulterated drug.
Selective Imports claims that it had stopped importing the products as soon as the news of the contamination was announced, and had sent out voluntary recall notices to all their clients, including Vernon Sales. Large quantities of stock were destroyed in the presence of FDA investigators, they claim. That is a bit like locking the barn door after the horse has escaped. Selective Imports also claims that it was not their duty to conduct tests. If you're going to be offering products in a building that has your company's name on the outside, then yes, you are responsible for the quality of what you are selling.
More judiciousness was required in the import of products from a country where product safety standards are not on the same levels as in the United States. It is a known fact that Chinese manufacturers tend to make use of substances and dyes that may not be considered suitable for consumption in the United States. Manufacturers from that country have found themselves under increased scrutiny because of the lax safety and quality assurance procedures. In this backdrop, more attention should have been paid to the quality of the goods being imported from China. In this case, we're talking about a substance that has caused 100 odd deaths in Panama alone. Ghermezi said that he had no reports of anybody falling ill after using the toothpaste.
And while we are debating the responsibility in this matter, the FDA is not wholly without its share of blame. For too long now, products from Chinese manufacturers have been allowed to come into the country for no other reason than that they have lower manufacturing costs and are therefore, cheaper. The FDA needs to answer for why something that contained a banned substance was allowed to be placed on store shelves in the country. These delayed reactions after an incident has occurred, are becoming more commonplace with the FDA, and don't bode well for public health.
If you have been injury by a dangerous product, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.


