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U.S. companies should be liable and not be legally exempt from tort liability for consumers that are harmed by using products and raw materials from other countries such as China. U.S. companies should have product liability and responsibility over their products to ensure they are safe for consumers. Our government has stepped in and has an administrative agency to handle consumer protection: the Consumer Product Safety Commission. That is responsible for protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction. The consequences for U.S. companies can be costly due to fees and impacts on brand and consumer willingness to purchase and lost stock value if publicly traded (Seaquist, 2012. Chapter 8). Ultimately I think in the end, a policy like this will lead to greater accountability and more controls in place for companies over the products they sell.
Steps U.S. retailers and manufacturers can take when using products imported from China that would minimize their liability exposure is working only with reliable manufacturers. Also, providing any foreign manufacturers with detailed manufacturing specifications to avoid potential misunderstandings in product design or quality. The U.S. importer should be testing imported products or parts for quality. It is also essential to attach appropriate warnings or disclosure messages to products where the U.S. distributor identifies a risk (Ruskin, 2007); for example, a toy may be a choking hazard or poisonous if consumed. However, challenges can still occur because companies cannot inspect or test every single item that comes in from another country due to time, resources, and finances. Also, it is nearly impossible to consider every safety concern but being proactive and identifying product issues even after going to market with a recall is better than doing nothing.
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