Public Justice recently filed suit in federal and California state courts against CBS Broadcasting, Inc., Planet Toys, Inc., and several retail manufacturers in response to their production and marketing of CSI toy kits containing asbestos. Asbestos has been linked to mesothelioma, a deadly lung cancer, as well as other cancers, asbestosis and pulmonary fibrosis.

CBS licenses the toy, which is based on its popular CSI: Crime Scene Investigation ™ television program. Planet Toys is the manufacturer.

According to a Public Justice press release, the federal complaint, filed in U.S. District Court in Los Angeles, alleges that CBS and Planet Toys were negligent in their quality control measures and that they promoted the CSI toys although they contained a hazardous and potentially lethal carcinogen.

In November 2007, the Asbestos Disease Awareness Organization (ADAO) released results of a study of a number of products, including the CSI: Crime Scene Investigation ™ Fingerprint Examination Kit. It was found that the CSI toy’s fingerprinting powder contained asbestos. The fingerprinting powder containing asbestos also can be found in related CSI toy kits, the CSI: Crime Scene Investigation ™ Field Kit and the CSI: Crime Scene Investigation ™ Forensic Lab Kit.

The story was covered in the news media, including CNN, in December 2007. On Feb. 21 CNN did a follow-up report and noted that the Planet Toys had not yet issued a recall.

Public Justice reports that in a meeting including representatives from ADAO, CBS and Planet toys in December 2007, CBS and Planet Toys agreed to remove some of the toys from store shelves, and to work with Public Justice to further test the toys. However, Public Justice reports that months later, there has been no joint testing, Planet Toys continues to deny the products contain asbestos, and there has been no recall.

The Public Justice press release quotes Linda Reinstein, executive director of ADAO, who says, “Our pleas for the companies to do the right thing have fallen on deaf ears. It is unacceptable and unnecessary to have asbestos in toys, and especially in powder form, its most dangerous state. Most Americans falsely believe asbestos has been banned, but our recent product testing results prove asbestos remains a threat to public health.”

The federal complaint is a class action suit that asks the defendants to “provide refunds to consumers, pay for asbestos testing of toys that have been opened, and pay for appropriate medical treatment for consumers who have been exposed to asbestos,” according to the release. The state lawsuit “seeks civil penalties for violations of the law, in addition to injunctive relief.

Read the full text of the Public Justice press release here. This site also contains links to the federal and California state complaints.

Public Justice is a membership-supported law firm with more than 3,500 members, comprised of trial lawyers, other attorneys, and public interest advocates worldwide.

ADAO is a nonprofit organization dedicated to the mission of “asbestos awareness, education, advocacy, prevention, support and a cure.”

Over the weekend I traveled to Detroit, Michigan, to attend the fourth annual Asbestos Awareness Day Conference, presented by the Asbestos Disease Awareness Organization. The conference included a full day of educational and informative presentations on Saturday, as well as a remembrance service on Sunday.

Following is a story that appeared in the Detroit Free Press about the remembrance service, and the mission of asbestos awareness. I will post some stories and images from the conference this week, but I wanted to share this excellent report.

By Amber Hunt, Free Press Staff Writer

For Andrew Manuel, it began with back pain.

But the seemingly benign symptom turned out to be something far more sinister, and within two years, the married father of three shed 65 pounds, underwent surgery to have a lung removed and endured chemotherapy and radiation to no avail.

At 42, he was dead. The killer: mesothelioma, a cancer linked to asbestos.

“When I heard the diagnosis, I said, ‘Meso-what?’ ” said Manuel’s wife, Latanyta Manuel, 45, on Sunday. “All I heard was ‘lung cancer,’ and I said, ‘No, that’s not possible.’ My husband never smoked or drank, but they said this cancer is about asbestos.”

On Sunday, a group of people affected by the deadly disease, which they refer to as “meso” for simplicity’s sake, gathered at the Marriott in downtown Detroit’s Renaissance Center for a remembrance brunch.

The event was sponsored by California-based Asbestos Disease Awareness Organization and the Karmanos Cancer Institute in Michigan.

Some, such as Manuel, had lost loved ones. Others have been diagnosed with the deadly disease themselves.

They gather annually, they said, to support each other and to spread the word about asbestos-related diseases, including lung cancer and asbestosis.

Asbestos is a fiber that for decades was routinely used for fireproofing and insulation.

While the U.S. government has limited its use, asbestos still can be found in many products, including some stuccos, vinyl flooring and even theater curtains, according to the Asbestos Resource Center.

“Asbestos is still being imported. It’s still being put in products,” said Michelle Zigielbaum, whose husband, Paul, has been diagnosed with peritoneal mesothelioma.

By the time he was diagnosed, his stomach was so full of fluid and tumors that “I looked like a pregnant woman,” Paul Zigielbaum said.

The Asbestos Disease Awareness Organization recently conducted a study that tested 250 products off store shelves for asbestos content. A first lab found that 18 of the products contained asbestos.

A second lab confirmed that eight of the products had asbestos, while a third confirmed that five products — including a child’s toy — contained asbestos.

Those gathered Sunday said they and their loved ones got sick in different ways.

Andrew Manuel’s father worked in a pipeline, bringing asbestos back into the home. Paul Zigielbaum said he believes he was exposed secondhand, too, but said he also believes that contact with everyday products contributed.

All blamed aggressive asbestos lobbyists as the reason the United States hasn’t banned the substance altogether.

“It’s disturbing to see how companies and politicians try to cover it up,” said Dwayne Manuel, Andrew Manuel’s 26-year-old son. “This is a preventable disease.”

Latanyta Manuel said she just wants to honor her husband’s wishes and spread awareness about the disease.

“Once it erupts, it just kind of takes over,” she said. “People need to know.”

Contact AMBER HUNT at 586-826-7267 or alhunt@freepress.com.

The Mesothelioma Research Foundation of America is supporting clinical trials of Veglin, a relatively new anti-angiogenesis drug designed to halt blood vessel formation. Anti-angiogenesis drugs target the body’s natural production of Vascular Endothelial Growth Factors (VEGF), proteins that spark blood vessel growth into cancerous tumors and lead to malignancy. Mesothelioma is among the cancers being studied in the clinical trials.

Veglin is undergoing clinical trials at the University of Southern California’s Keck School of Medicine, and, in August 2007, MESORFA teamed up with doctors at the Yale Cancer Medical Center in an endeavor to meet the needs of the mesothelioma patients on the East Coast.

Veglin inhibits VEGF proteins, halting the formation of blood vessels and limiting the ability of tumors to grow and spread. Veglin is an antisense oligonucleotide, meaning that it can bond to messenger RNA (nucleic acid that directs protein production) and block the production of VEGF proteins.

Trials are targeting patients that have already undergone chemotherapy, and also newly diagnosed patients.

To determine if you qualify for Veglin, please contact Jennifer Paul, Executive Director, by calling 1-800-909-MESO (6376).

• Mesothelioma – General Information
• Symptoms
• Diagnosis
• NEW Developments in Diagnosis
• Risk Factors
• Other Asbestos Related Cancer

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• Asbestos is Leading Risk Factor for Mesothelioma
• Asbestosis
• Adenocarcinoma
• Asbestos Information
• Asbestos Exposure
• Asbestos Products
• Asbestos History
• Asbestos Legislation

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