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News Published: Jul 2, 2008 - 1:53:56 PM


Attorney General fighting in court to prevent return of confiscated fireworks

By Attorney General's office


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Attorney General Richard Blumenthal announced that his office has gone to Superior Court to defend the state’s right to regulate fireworks and to block one company’s effort to reclaim illegal confiscated fireworks.

The Department of Public Safety (DPS) confiscated more than $500,000 worth of illegal pyrotechnics containing well in excess of the maximum amount of pyrotechnic materials allowed under state law. The fireworks were confiscated from multiple sales locations.

B.J. Alan Company CT is suing the state to reclaim the illegal fireworks, and seeking to challenge the state’s fireworks law. The company alleges that the state law, as written, is the result of a legislative error, and that federal law preempts state fireworks regulation altogether.

Blumenthal, in a court filing today, is fighting to prevent the return of the confiscated fireworks, as well as uphold the state’s law and authority to regulate the sale and use of fireworks. A hearing was held yesterday, and oral argument is scheduled for 11 a.m. tomorrow.

Blumenthal said, “This fireworks company seeks to blow away a sensible state fireworks ban. Consumers should reject the false and fiery rhetoric of companies seeking to evade our fireworks restrictions. The challenge is a baseless, mindless attempt to stop reasonable restrictions on dangerous devices that contain excessive pyrotechnic material. The company simply seeks to sell and profit at the expense of public safety. It’s success in this challenge would ignite a series of explosive legal defiance.

“Connecticut has abundant legal basis to regulate fireworks to protect its citizens -- particularly our children -- from fireworks that can impose significant injury. This company, after plainly violating the law, now seeks to strike the statutes. I will vigorously fight to uphold the state’s fireworks law, as I have successfully done before.

“The Fourth of July should be a time for family, friends and celebration -- not trauma or tragedy. Fireworks are best enjoyed when handled safely, by professionals.”

Blumenthal also urged consumers who have already purchased fireworks to review them for the illegal products to best protect their families.

Illegal products include the following: Apache Firedance, Assorted Fountain, Assorted Jade Butterflies, Assorted 7 Inch, Breathless Fountain, Brew Ha Ha, Chrysanthemum Garden, City Fest, Dragon Tears, Flaming Heart, Flashing Fountain, Golden Goose, Happy Festival Fountain, Hasta La Vista Baby, Hissing Cobra, Madhatter, Mt. Kilauea’s Eruption, Open Flower and Happy Bird, Peach Flower in Spring, Phantom Eruption, Powder Keg, Red Beard’s Revenge, Silvery Water Fountain, Stellar Performance, Tijuana Tremor, Train Fountain Novelty, USA Salute and Wine Bottle Fountain.

The confiscated fireworks violate at least two provisions of the state’s fireworks statutes, including requirements that sparklers or fountains containing any chlorate or perchlorate salts do not exceed five grams of composition per item; and, when more than one fountain is mounted on a common base, the total pyrotechnic composition does not exceed two hundred grams.




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