Proposed Settlement with CBS and Toy Retailers to Give Refunds for `CSI` Toy Fingerprint Kits That May Contain Asbestos

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Wed Jul 1, 2009 2:39pm EDT

Request Claim Form at www.csitoyssettlement.com
WASHINGTON--(Business Wire)--
Public Justice and the Asbestos Disease Awareness Organization announced today
that a proposed settlement of a nationwide class action against CBS
Broadcasting, Inc. and major toy retailers, if approved, will give cash refunds
to consumers and effectively implement a nationwide recall of toy science kits,
based on the popular "CSI" television drama series, that may contain asbestos.
Requests for claim forms may be submitted at www.csitoyssettlement.com. 

The toy kits -- the CSI: Crime Scene Investigation Fingerprint Examination Kit
(CSI Exam Kit) and the CSI: Crime Scene Investigation Forensic Lab Kit (CSI Lab
Kit) - were made by now-bankrupt Planet Toys, Inc. and licensed by the
television giant CBS. Tests conducted by the Asbestos Disease Awareness
Organization (ADAO) in 2007 of the white fingerprint powder in the toy kits
found tremolite, one of the deadliest forms of asbestos. 

The settlement, which is subject to court approval, provides cash refunds to
consumers throughout the U.S. who bought, or received as a gift, one or more CSI
Exam Kits or Lab Kits sold by CBS, Toys "R" Us, Hammacher Schlemmer, Walgreens,
Amazon.com, Buy.com, Sears, Kmart, and QVC. Consumers seeking refunds must
submit a claim form to a claims administrator by January 14, 2010, and have the
option of sending the toy kits to the claims administrator at no cost. 

Planet Toys, the kits` manufacturer, is not part of the settlement because it
filed for Chapter 7 bankruptcy protection in March 2009. 

"We urge everyone to get these products out of your homes and away from
children, and to send in your claim form to get a refund," said Public Justice`s
Victoria Ni, co-counsel in the case. 

In November 2007, ADAO publicly released findings from an 18-month study it
commissioned that tested over 250 commonly found consumer products for asbestos.
Three independent, government-certified laboratories participating in the study
confirmed the presence of asbestos in the white fingerprint powder of the CSI
Exam Kit. ADAO is a nonprofit organization founded in 2004 and dedicated to
raising public awareness about the dangers of asbestos exposure and often deadly
asbestos-related disease. 

"We were aghast to find asbestos in a children`s toy," said ADAO Executive
Director and co-founder Linda Reinstein. "Even though the dangers of asbestos
have been well-documented for more than 100 years, we`re still finding asbestos
in common household products. That`s simply unacceptable." 

With Public Justice as counsel, ADAO met with representatives from CBS and
Planet Toys in December 2007 to discuss its findings about the fingerprint
powder. As a result, Planet Toys asked retailers to stop sales of the CSI Exam
Kit pending further investigation. But the company refused to stop sales of the
CSI Lab Kit, which contained the same fingerprint powder, and refused to
voluntarily recall the products from consumers` homes. 

The ADAO test results also helped spark action by the Connecticut Department of
Consumer Protection (DCP), which commissioned its own testing and confirmed the
presence of asbestos in the white fingerprint powder in the CSI Exam Kit. The
DCP announced a recall and embargo of the product statewide in mid-December
2007. The DCP told Connecticut consumers to return the product for a refund or
store credit and encouraged any consumer not satisfied with retailer response to
file a complaint. 

The proposed class action settlement provides that, in addition to paying for
consumer refunds and the cost of shipping for returned toys, the companies will
pay the costs of notice and claims administration, and a $30,000 cy pres award
to ADAO. 

If approved, the settlement would resolve the class action pending in New York
and a related lawsuit filed in California state court citing violations of a
state law known as "Prop 65." Prop 65 requires businesses to give a "clear and
reasonable warning" to California consumers if a product contains a chemical
known to cause cancer or birth defects, such as asbestos. 

The settlement was given preliminary approval by a New York federal court in
May, and awaits final approval. 

There is no known safe level of asbestos exposure. If inhaled, microscopic
asbestos particles can penetrate lung tissue and stay there permanently, causing
serious, even deadly, respiratory illnesses or cancer than might not manifest
until decades after initial exposure. 

For more information about the settlement, go to www.csitoyssettlement.com or
www.publicjustice.net. 

Public Justice is America`s public interest law firm. Dedicated to using trial
lawyers` and other attorneys` skills and resources to advance the public good,
Public Justice is supported by - and can call on -- a nationwide network of more
than 3,000 of the nation`s top lawyers to pursue precedent-setting and socially
significant litigation. It has a wide-ranging litigation docket in the areas of
consumer rights, worker safety, civil rights and liberties, toxic torts,
environmental protection, and access to the courts. Public Justice is the
principal project of The Public Justice Foundation, a not-for-profit membership
organization headquartered in Washington, DC, with a West Coast office in
Oakland, California. The Public Justice web site address is
www.publicjustice.net. 

Asbestos Disease Awareness Organization (ADAO) was founded by asbestos victims
and their families in 2004. ADAO seeks to give asbestos victims and concerned
citizens a united voice to help ensure that their rights are fairly represented
and protected, while raising public awareness about the dangers of asbestos
exposure and often deadly asbestos related diseases. ADAO is an independent
volunteer organization. For more information visit
www.asbestosdiseaseawareness.org. 



Victoria Ni, Public Justice Attorney
510-622-8150
or
Deborah Mathis, Public Justice Communications Director
202-797-8600 Ext. 246
or
Doug Larkin, Asbestos Disease Awareness Organization (ADAO) Communications
Director
202-391-1546 

Copyright Business Wire 2009

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