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The China Syndrome: Will the U.S. Legal System Deal with Tainted Chinese Imports or Meltdown?
'The China Syndrome' refers to a possible extreme result of a nuclear meltdown. In the 1979 film, the terminology referred to a concept that if an American nuclear reactor melts down, it would melt through the earth until it reached China.
Twenty-eight years later, the China Syndrome has a different meaning. Chinese tainted foodstuffs and defective consumer products that have been imported to the United States have been the subject of numerous stories in both the popular and legal press. (Google lists 887,000 hits for 'Chinese tainted products.')
The U.S. legal system is only beginning to deal with these issues through both regulatory actions and civil product liability lawsuits. There is little history of successful enforcement of judgments against Chinese manufacturers. This reality has focused most efforts on the 'stream of commerce' defendants: the wholesalers, distributors, and retailers. This solution has a practical restriction. In some cases, the retailer does not have the financial wherewithal to fund a defense of the product adequately and/or provide a remedy to the injured claimants. For every Mattel that has worked admirably with the U.S. Consumer Products Safety Commission, there is also the Foreign Tire Sales, Inc. retailer who lacks sufficient assets to address issues raised by regulatory agencies such as the National Highway Traffic Safety Administration.
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