In one of the most Grinch-like moves of 2021, American Apparel, the Toy Association, and its member coalition- Safe to Play, filed a lawsuit during the week of Christmas, in an effort to ensure that they can continue delivering toxic toys to Oregon kids.  They claim that the final rules of Oregon’s Toxic Free Kids Act (TFKA) is preempted based on the  Federal Hazardous Substances Act (FHSA) and Consumer Product Safety Act (CPSA), and that compliance with phaseouts, especially if they have to pay the fees to apply for waivers, will cause them “irreparable harm.” This move came six and a half years after TFKA was enacted, and over 9 months ...