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The problems with Chinese products may come to the public’s attention this year as more and more Chinese Halloween candy is recalled. Yesterday I received a belated notice that Sherwood brand chocolate pirate coins were being recalled in Canada because they contained melamine. This morning’s Vancouver Sun had an article about the Canadian government’s candy recalls.

I have a 5 year old and 8 year old, and frankly, it scares me. I think the best advice parents can take this year is to try and stick to the big manufacturers, who are generally less likely to be importing milk products from China.

Now, forgive me as I go in lawyer mode. I would be remiss if I didn’t mention how this affects preemption. The basic premise behind preemption is that a company should get complete immunity from lawsuits if it complies with governmental standards because the government does a good job of protecting its citizens. But this is a perfect example of why preemption doesn’t work. This problem was caught by the Canadian government, and as far as I know, the US Food and Drug Administration hasn’t done anything. They are simply overworked and don’t have the resources to completely protect the public.

Heaven forbid one of your children was poisened by this candy and died. If the Bush Administration had its way, you wouldn’t be able to hold the wrongdoers accountable because the manufacturers complied with the existing regulations. That’s simply unacceptable to me.

Okay. Off my soapbox. Just be diligent over the next few weeks and make sure that the candy that your kids (and you) are eating is safe.

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