A clothing store owner in Greensboro, N.C., can sell Tris-treated sleepwear to the public at reduced prices after winning a federal court battle Friday against the Consumer Product Safety Commission.
Last week the CPSC had U.S. marshals seize $200,000 worth of pajamas and robes from the Troxler Hosiery Co. Inc. in Greensboro in what was the second largest seizure in CPSC history.
According to CPSC officials, Troxler had purchased the sleepwear from several manufacturers and retaliers who stopped selling it when the CPSC banned it from the shelves after identifying Tris as a cancer-causing agent.
Troxler then began advertising in local newspapers that Tris-treated pajamas and robes were for sale for between $1 and $2.50. According to CPSC sources, he purchased the garments for about 50 cents each.
After the advertisements were brought to the attention of the CPSC by the local newspaper, The Greensboro Daily News, the CPSC filed complaint in U.S. District Court for the Middle District of North Carolina, which led to the seizure.
But Friday, Federal Judge Eugene A. Gordon approved a motion filed by Troxler's attorneys to quash the government action.
The clothing store owners claimed that a federal judge in South Carolina had voilated his constitutional rights to fight the action.
Defense lawyers said the store had borrowed $200,000 on a short-term basis to buy the garments.
Late Friday the U.S. Attorney in Greensboro, H.M. Michaux, filed on appeal to the motion to quash, and asked Judge Gordon for a stay on his order pending an appeal to the Fourth Circuit.
Gordon denied the appeal, and ordered the U.S. marshals to "restore all articles seized," paying the way for their sale immediately.