Analyzing the Recent Recall of Chinese-Made Products: Under standing the Problem s and Cre ating Effec tive Solutions

Nicole J. Kaplan,joined Dickstein Shapiro LLP in 2007 as an associate in the Antitrust & Dispute Resolution Group. Ms. Kaplan represents clients in connection with complex public policy disputes and state government investigations as part of the Firm's State Attorneys General Practice. Ms. Kaplan graduated Brooklyn Law School in 2003 summa cum laude.

The "Made in China" label suffered a major setback in 2007. A number of highly-publicized recalls of such widely diverse products as pet food, seafood, toothpaste, tires, and children's toys have focused Americans' attention on the potential dangers of products imported from China.1 In the wake of widespread media attention and heightened public concern, the perceived lack of safety regulations has inspired one journalist to dub Chinese manufacturing as the "Wild West."2 The questions facing American companies include why Chinese manufacturers are producing unsafe products, the gravity of the threat, and how American consumer safety laws can be enforced effectively.

The Chinese economy resembles the United States market of the late 19th century more than any 21st century financial system. In America during the "gilded age," the U.S. government was purposefully laissez-faire. I...

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