A New 'CSI' Mystery: Is That Asbestos in Those Toys?

A class-action lawsuit in Los Angeles federal court alleges that toy science kits based on the popular television series "CSI" contain asbestos.

According to the complaint, manufacturer Planet Toys Inc. did not recall the Chinese-made kits even after testing on the fingerprinting powder included with the toys allegedly revealed asbestos.

The company says its own tests have not found any asbestos in the kits.

In December the company stopped selling the CSI: Crime Scene Investigation Field Kit and the Fingerprint Examination Kit, but the company denies that the toys contain asbestos.

Planet Toys has not stopped selling another "CSI" toy that contains the powder, the Forensic Lab Kit, and some major retailers continue to sell it, according to the complaint, filed in the U.S. District Court for the Central District of California.

"The facts are that even small quantities of asbestos are hazardous when inhaled, that the fingerprinting powder has been found to contain asbestos, and this powder has been marketed and sold to thousands of children who are told to spread it around and blow off the excess," plaintiffs' attorney Victoria Ni of Public Justice in Oakland, Calif., said in a statement.

The suit also names as defendants CBS Broadcasting for licensing the toys and retailer Hammacher Schlemmer & Co., which sold them.

The plaintiffs are seeking consumer refunds, testing to determine if the toys contain asbestos and medical treatment for anyone exposed to the substance.

The complaint alleges breach of implied warranty, breach of express warranty, negligence, strict liability, unjust enrichment and violations of California law.

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The plaintiffs are also represented by John Stoia Jr., Rachel Jensen, Phong Tran and Thomas O'Reardon of Coughlin Stoia Geller Rudman & Robbins in San Diego; Arthur Bryant of Public Justice in Oakland; Joe Whatley Jr., Edith Kallas, Joseph Guglielmo and Elizabeth Rosenberg of Whatley, Drake & Kallas in New York; and Alan Brayton, Peter Fredman and Gregory Sheffer of Brayton Purcell LLP in Novato, Calif.