Yesterday I posted the news that federal and state lawsuits have been brought against CBS Broadcasting, Inc., and Planet Toys, Inc., based on the discovery of asbestos in its CSI: Crime Scene Investigation ™ toy fingerprinting kit, and the failure of the manufacturer to recall the product.

Today, I found an update on popular news and media watch site TMZ.com, in which a spokesperson for CBS Consumer Products distances the broadcaster from the toymaker, saying: “We have not been served, so we can not comment on the specifics of the suit. However, independent tests commissioned by Planet Toys and major toy retailers revealed no levels of asbestos in the CSI Fingerprint Kits. Nevertheless, out of an abundance of caution, three months ago we demanded that Planet Toys issue an immediate recall of the product as well as the CSI Field Kit, which also contains fingerprint powders. In addition, we have ended our agreement with Planet Toys for both products.”

As the story yesterday pointed out, it appears that the CSI Fingerprint kits were never recalled.

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.”

CNN has recently produced a segment following up on a story first reported in December, alerting the public to the presence of asbestos in a “CSI:” toy fingerprint kit, based on the popular television show about crime scene investigation. A fingerprinting kit in the toy contains asbestos fibers.

This was also reported by the Asbestos Disease Awareness Organization, in a report released Nov. 28, 2007, about the presence of asbestos in everyday products.

Watch the video, which also features a 35-year-old woman who has mesothelioma, which she contracted from breathing asbestos fibers brought home on her father’s work clothes.