Industrial disease
Retailers must take zero-tolerance stance to asbestos in products
In response to media reports alleging asbestos has been found in play sand sold by Hobbycraft, Simon Matthews, senior associate at Slater and Gordon, urges an uncompromising approach to customer safety from retailers.
Alarming claims have been reported this week that asbestos has been found in children’s play sand – assuming this is accurate, this is a very troubling situation.
As a firm which acts for individuals who have suffered disabling and sometimes fatal asbestos-related health conditions, we believe this is extremely alarming for two main reasons:
- It should not be possible in the UK for a member of the public to have to consider the risks of exposure to asbestos from playing with play sand bought from a UK company;
- It is astonishing, if accurate, that any UK business, on finding that there was asbestos in the play sand they were supplying to customers, would consider it was adequate to remove those items from their shelves, but not necessary to recall them immediately and warn customers of the risks.
Any UK company that imports, distributes or sells any product that originated in another country, has obligations to ensure that the product is, amongst many other things, safe for use. China has different safety standards to the UK. When a product is imported into the UK, the importer is treated as the producer or manufacturer of the product for the purposes of UK law. The businesses that sell the product to the general public, in this case Hobbycraft, have separate legal responsibilities to ensure that it is safe. In simple terms, assuming the media reports are correct, Hobbycraft should not have sold this product in the UK.
Simon Matthews, industrial disease specialist solicitor at Slater and Gordon, says: “This product should never have reached the shelves of any Hobbycraft shop. The long-established legislation and guidance in this country should prevent that happening.
“What is even more concerning is the suggestion that having established that the play sand contained asbestos, Hobbycraft only initially thought it appropriate to remove the product from their shelves whilst not warning people to whom they'd already sold the product of the risks. Fortunately, it does appear that was rectified quickly.
“While this is alarming, we want to reassure people that there is a very small risk that any asbestos in the play sand could cause any asbestos-related disease later in life – but no one should be put in this position, and we would urge retailers to take an uncompromising approach to ensuring the safety of their customers
