Walmart distributing Viruses

Blowit writes: With the Christmas holidays just past and opening up your electronic presents may get you all excited but not for a selected lot of people who got the Mercury 1.5" Digital Photo Frame from Walmart (or other stores). My father in law attached the device to his computer and his Trend Micro Anti-virus screamed that a virus is on the device. I scanned the one I have and AVAST did not find any virus... SO I went to Virscan.org to see what vendors found what and the results are here and here. This product has been available since 2007 at Walmart yet they are still selling the product 1 year later. How can they continue to sell a product when there is a virus on the device? Can we sue the vendor for actively distributing a virus on a device when they should have had sufficient amount of time to remove the product from the market?