UPDATE: Victory! Judge dismisses Oregon Toxic Free Kids Act Litigation

As we reported at the start of the new year (see below), American Apparel, the Toy Association, and its member coalition- Safe to Play, had filed a lawsuit during the week of Christmas, claiming that Oregon’s Toxic Free Kids Act (TFKA) is preempted based on the Federal Hazardous Substances Act (FHSA) and Consumer Product Safety Act (CPSA). Thankfully earlier this summer, the federal district court in Portland, Oregon dismissed the toy industry's lawsuit. Specifically, Judge Simon held that at least 69 chemicals regulated in Oregon’s Toxic Free Kids Act are not even addressed in the federal statutes. Therefore, the Toxic Free Kids Act is not ...