The Toy Association — regulatory challenge

MWCC represents The Toy Association and a nationwide coalition of other manufacturers and sellers of children’s products in challenging several provisions of Oregon’s Toxic-Free Kids Act, which seeks to “phase out” 73 High Priority Chemicals of Concern for Children’s Health (or “HPCCCHs”) from children’s products in Oregon.

Plaintiffs filed suit in the United States District Court for the District of Oregon seeking declaratory and prospective injunctive relief against the director of the Oregon Health Authority and Oregon’s Attorney General. More specifically, plaintiffs are seeking a declaration that Oregon’s regulations are preempted by several conflicting provisions of the Federal Hazardous Substances Act and the Consumer Product Safety Act. 

In two rounds of dispositive-motion briefing, the district court found that the challenged provisions of Oregon Toxic-Free Kids Act were not preempted by federal law. Plaintiffs have appealed this decision to the Ninth Circuit Court of Appeals.

American Apparel & Footwear Association, Inc., et al. v. James Schroeder, et al., US District Court for the District of Oregon Case No. 3:21-CV-1757-SI