Poison baby milk scandal in China shines spotlight on UK product liability laws

The scandal of tainted milk killing babies in China is a legal case that, in the United Kingdom, would attract many solicitors eyeing the prospect of major compensatory damages - but it is mainly a political, not product liability law, issue in the communist country.

For reasons to do with China's still-developing law and its authoritarian political system, lawyers are treading carefully around this personal injury-related issue. However, a growing number of lawyers and activists - now totalling more than 70 - campaigning to help families stricken by the poisoned infant milk crisis claim a mass legal action could result if the government fails to properly help those affected.

Panic has been spreading from China to Africa and Asia over the toxic milk after four babies died and sickness was caused among about 53,000. Other dairy products such as yoghurt and ice bars are believed to be contaminated.

It is widely reported that melamine, a nitrogen-rich chemical, was probably added to milk to try to fraudulently evade government regulations. Producers are said to have increased the volume of milk being sold by mixing it with melamine and adding water. Government quality tests measuring protein - also rich in nitrogen - apparently failed to detect the toxic chemical.

Worryingly, about 20% of dairy companies have been estimated to produce melamine-tainted products. China's agriculture ministry has issued statements vowing to tackle the problem, and other government action includes pledging free medical care for all babies affected.

But with some parents having difficulty getting the free treatment promised, and many cases still unreported, it is unclear how matters will develop. Lawyers are concentrating on cases where hospital treatment is problematic and advising about potential compensation avenues.

Kidney stones and other organ problems can be caused by melamine. It is alleged that milk producers and Chinese authorities had tried to cover-up the scandal to reduce any damage to the country's reputation during the Beijing Olympics.
Chinese infant milk products were not imported into European Union and no sickness has been reported caused by other imported Chinese dairy products, according to the European Commission's health and consumer protection directorate, but EC food safety officers are investigating potential risks.

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In the UK, compensation claims could be made under the Consumer Act 1987 if a faulty product such as baby milk was shown to have caused personal injuries. Where contamination happens during the manufacturing process and quality controls fail to identify this, the manufacturer is likely to be liable. And if a manufacturer discovers a problem with a product that could cause personal injury, fails to issue warnings and subsequent injury occurs, a claim could well be successful.

If you have been injured through no fault of your own, YouClaim legal representatives can assess your case - at no cost to you. We will pursue your case at no charge and should we take it on, no deductions will be made from any compensation you may be awarded.

Our solicitors have specialist knowledge of product liability law and are familiar with handling complex cases. To find out more about making a product liability claim, call free now on 0800 1075 795, try our echat service or fill in an online claim form and we will call you back.