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Toy distributer, Farfel, Inc., outsourced manufacture of its "Ernie the Engine" toy line to a manufacturer in China. The Chinese manufacturer used lead-based paint on the toys although lead free paint was specified in the manufacturing specifications. Use of lead-based paint is banned in the US because it can cause brain damage if ingested. Farfel distributed 15 Million of the toys before discovering the existence of the lead based paint. If a person brings a claim against farfel for injuries suffered from using the toy, Farfel is likely: not liable because it neither manufactured the toys nor authorized the use of lead paint. not liable because it was unaware of the lead paint use. not liable because it was not negligent. liable as a distributor or seller of the toys. liable because toys for children receive separate treatment under the law called "juveni cum compento.
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