Yourlawyer.com (Fisher Price Toy Recall News) http://www.yourlawyer.com/topics/overview/fisher_price_toy_recall Wed, 22 May 2013 13:33:33 -0400 pixel-app en Fisher-Price Issues Massive Recall for Tricycles, High Chairs, and Toys http://www.yourlawyer.com/articles/read/18133 Thu, 30 Sep 2010 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18133 Fisher-Price is recalling more than 10 million defective tricycles, high chairs and toys for infants and toddlers in the US and Canada. The recalled products are linked to 24 reported incidents of injuries to young children. A complete list of products included in these recalls can be accessed here.

Trikes and Tough Trikes Toddler Tricycles

The massive Fisher-Price recall includes 7 million Trikes and Tough Trikes toddler tricycles sold in the US, and 150,000 of the same sold in Canada. According to the recall notice, a child can strike, sit or fall on the protruding plastic ignition key resulting in serious injury, including genital bleeding. The US Consumer Products Safety Commission (CPSC) and Fisher-Price are aware of 10 reports of incidents resulting in injury. Six of the incidents required medical attention after young girls, ages two to three years old, fell against or on the protruding disc-shaped and D-shaped pretend key.

These recalled tricycles were sold at mass merchandise stores nationwide from January 1997 through August 2010 for about $25. The trikes are intended for children 2 to 5 years of age and have either a disc-shaped or D-shaped pretend key. The pretend keys are located about 3 inches in front of the seat and protrude at least 5/8 inches above the trike’s body. The model numbers are located under the seat in the storage compartment.

Consumers should immediately place the trikes out of children’s reach and contact Fisher-Price for a free replacement key.

Healthy Care, Easy Clean and Close to Me High Chair
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Fisher-Price is also recalling Healthy Care, Easy Clean and Close to Me High Chairs. The recall includes 950,000 high chairs sold in the US and 125,000 sold in Canada. Children can fall on or against the pegs on the rear legs of the high chair resulting in injuries or lacerations. The pegs are used for high chair tray storage. The CPSC and Fisher-Price are aware of 14 reports of incidents, including seven reports of children requiring stitches and one tooth injury. One of these incidents was reported in Canada.

These recalled high chairs were sold in mass merchandise retail stores nationwide from September 2001 through September 2010 for between about $70 and $115. The high chairs have a folding frame for storage and a three-position reclining seat. The model number and date code of the high chair is on the back of the seat. All Easy Clean and Close To Me High Chairs are included in this recall. Only Healthy Care High Chairs manufactured before December 2006 are included in the recall. If the fourth digit in the date code is 6 or less, the Healthy Care High Chair is included in the recall.

Consumers should stop using the High Chair immediately and contact Fisher-Price for instructions and a free repair kit.

Little People Wheelies Stand ‘n Play Rampway

Today’s Fisher-Price recalls also include about 100,000 Little People Wheelies Stand ‘n Play Rampway toys and another 20,000 sold in Canada. The wheels on the purple and the green cars included with these toys can come off, posing a choking hazard to young children. Fisher-Price has received two reports of a wheel detaching from a vehicle. No injuries have been reported.

The recall involves Little People Wheelies Stand ‘n Play Rampway with model numbers T4261 and V6378. They were sold with small cars that a child can push down winding ramps. Only the purple and the green cars that are marked “Mexico” and do not have a yellow dot on the bottom are included in the recall. The toy is intended for children 1 ½ to 5 years of age.

These toys were sold at mass merchandise stores nationwide from April 2010 through September 2010 for about $45. About 2.8 million were sold in the US, while another 125,000 were sold in Canada.

Consumers should immediately take the affected purple and the green cars away from children and contact Fisher-Price for free replacement cars.

Toys with Inflatable Balls

Finally, Fisher-Price is also recalling Baby Playzone Crawl & Cruise Playground, Baby Playzone Crawl & Slide Arcade, Baby Gymtastics Play Wall, Ocean Wonders Kick & Crawl Aquarium (C3068 and H8094), 1-2-3 Tetherball, Bat & Score Goal. The valve on an inflatable ball on these toys can come off and pose a choking hazard to young children. The CPSC and Fisher-Price are aware of 46 reports of incidents where the valve came off in the US and eight reports in Canada. These include 14 reports of the valve found in a child’s mouth and three reports of a child beginning to choke. No injuries have been reported.

Consumers should immediately remove the inflatable ball from the product and keep away from children. Do not discard the inflatable ball. Contact Fisher-Price for a free replacement kit.

For additional information regarding any of these recalls, consumers should contact Fisher-Price at (800) 432-5437 between 9 a.m. and 6 p.m. ET Monday through Friday or visit the firm’s website at www.service.mattel.

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Mattel Agrees to Toy Recall Settlement http://www.yourlawyer.com/articles/read/17128 Thu, 15 Oct 2009 00:00:00 -0400 http://www.yourlawyer.com/articles/read/17128 massive 2007 toy recalls.  According to the Associated Press, if the Mattel class-action settlement is approved by the court, it could end up costing the company upwards of $50 million.  

As we've previously reported, Mattel and its Fisher-Price Division issued six separate recalls of lead-tainted toys in 2007.  In total, around 2 million toys were recalled.  The recalls included popular Sesame Street toys, Dora the Explorer and Diego toys made by Fisher-Price, as well as Mattel toys, such as Batman, Polly Pocket, Barbie accessories, and Sarge cars.

The US banned lead from paint used on toys in 1978, but as companies  moved more of their toy manufacturing operations overseas to places like China, lead exposure from toys once again became a problem. Foreign factories are under a great deal of pressure to produce goods at the lowest cost possible, a situation that causes many of these manufacturers to use cheaper materials, such as lead paint.   

The unprecedented number of toy recalls issued in 2007 - dozens of companies and 21 millions toys were involved - prompted the U.S. Congress to pass a new law - the CPSIA- which set strict limits for lead, lead paint and phthalates in children's products.  According to the Associated Press, the law mandates third party testing for companies making products for children under 12.  However, as we reported previously, the Consumer Products Safety Commission has quietly exempted Mattel from the testing requirement and is allowing the toymaker to use its own testing labs.

According to the Associated Press, the Mattel toy settlement would resolve 22 lawsuits against the company.  The terms of the settlement would:

  • Provide toy buyers who are part of the class-action lawsuit either 50 percent of the total amount of vouchers Mattel has sent out following the recalls or $10, whichever is greater.
  • Provide consumers  who didn't participate in the recalls but have a recalled toy or proof of purchase of a recalled toy with a check or a voucher in the amount of the toy.
  • Provide those who declare they bought or acquired a recalled toy but destroyed it after the recall with a voucher for the amount of the toy for up to three toys, totaling up to $10 million for the class.
  • Provide consumers who bought or acquired some recalled toys in which only one standalone piece of the toy was affected with refunds up to $12.
  • Allow members of the settlement to recover all out-of-pocket expenses incurred for lead testing, up to $600,000 for the class.
  • Require Mattel to create a quality assurance program, overseen by the court, and donate $275,000 to the National Association of Children's Hospitals and Related Institutions, a not-for-profit group of 150 children's hospitals and pediatric units.

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Mattel Settles Lead Tainted Toy Lawsuit with States http://www.yourlawyer.com/articles/read/15692 Wed, 17 Dec 2008 00:00:00 -0500 http://www.yourlawyer.com/articles/read/15692 lead claims regarding its toys.  Bloomberg is reporting that the settlement ends a multi-state, 15-month lead probe of a variety of Chinese-manufactured Mattel toys, including its Sesame Street dolls, Dora the Explorer accessories, and a variety of other products shipped to the U.S. last year According to Massachusetts Attorney General Martha Coakley, who led the investigation, said the tainted toys were never  stocked in stores

“Had there been danger involved, the amount would have been higher,” Coakley, said at a press conference announcing the settlement, according to Bloomberg. “No harm actually occurred, but the risk of harm was very high."

Mattel agreed to immediately implement new federal Consumer Product Safety Improvement Act guidelines banning lead in toys effective February that cut permissible lead levels to 90 parts per million (ppm) from a whopping 600 ppm.  The Los Angeles Business Journal said none of the companies—Mattel, Marvel Entertainment Inc., RC2, A&A Global Industries, Cranium Inc., Eveready Battery Co., Toy Investments, Kids II, and Amscan—admitted to any wrongdoing.  Other defendants not part of this settlement were Costco, KB Toys, Kmart, Michaels, Sears, Target, Toys 'R' Us, and Wal-Mart.

The Massachusetts probe began after two million Mattel- and Fisher-Price-made toys were recalled by the U.S Consumer Product Safety Commission (CPSC), said Bloomberg; Fisher-Prices is a Mattel subsidiary.  The LA Business Journal noted that last year Mattel recalled over 21 million Chinese-made toys over lead paint tainting and small magnets that could pose choking hazards in children.  Regarding lead content and according to court papers—said Bloomberg—the toys contained lead amounts as high as 50,000 ppm and were manufactured by third-party contractors in China.  

Connecticut Attorney General Richard Blumenthal said, “This settlement should help stem the tsunami of toxic toys threatening to swamp playrooms and playpens, poisoning children,” said Bloomberg, which noted Connecticut would receive $218,028.  

New York State Attorney General Andrew Cuomo said Mattel will pay $340,000 to NY, said Bloomberg.  Of note, Cuomo also mentioned a separate settlement reached with five “dollar” stores and a local NY supplier that calls for strict safeguards, said Bloomberg.  That action was taken after a sample of children’s jewelry on store shelves was found to contain lead levels as high as 1,000 times greater than the legal limit.

California reached a similar deal with Mattel in which it is required to implement the safety standards early.  In that case, California claimed Mattel and others failed to warn residents about lead exposure risks, violating California’s Proposition 65, the state’s safe drinking water and toxic enforcement law, said Bloomberg.  

The LA Business Journal said the California suit involved eight other toy companies in addition to Mattel and all told, the toymakers agreed to pay about $1.8 million.  That suit was filed by both California Attorney General Jerry Brown and Los Angeles City Attorney Rocky Delgadillo last year.  Although the newly enacted federal Consumer Product Safety Improvement Act banning lead in toys takes effect in February, the manufacturers have agreed to adopt the standards before the effective date, said the LA Business Journal, which added that the monies will go to a fund to monitor the companies’ compliance.

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CPSC Head Voices Opposition to Tougher Lead Standards http://www.yourlawyer.com/articles/read/14417 Fri, 16 May 2008 00:00:00 -0400 http://www.yourlawyer.com/articles/read/14417 toys and other children's products "might prove to be overly broad." Nord, an appointee of President Bush and former lobbyist for corporate interests, has long been criticized for seeming to be disinterested in ensuring the CPSC fulfills its mission of protecting the public.

The limit on lead is part of a product safety bill currently under Congressional consideration and would require the CPSC to set a standard limiting lead in children's products to trace amounts of 100 parts per million for the content and 90 parts per million for paint or coatings.

Americans need a strict federal standard on lead in children's products and many consider lead poisoning to be one of the most important chronic environmental illnesses affecting children today.  Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Despite efforts to control lead and the success in decreasing lead poisoning, serious cases still occur.  Once poisoned, no organ system is immune.  Of particular concern is the developing brain because negative influences can have long-lasting effects and can continue well into puberty and beyond.  Lead can be inhaled or ingested once it settles out of the air and once in the body, is rapidly absorbed into the bloodstream.

Recently, American consumers have been facing ongoing, huge problems with lead-contaminated products. In 2007, the CPSC announced 106 recalls of lead-contaminated children's products totaling 17,126,810 individual items representing a 500 percent increase from 2006.

Considering the life-threatening gravity of this situation, it was generally believed that Nord would be seeking strong federal action.  This does not seem to be the case.  Also, many are wondering what happened to the CPSC Reform Bill, which does include the lead standard as well as other important provisions.  The House bill (H.R. 4040) passed in December and the Senate bill (S. 2663) passed in early March.  Democratic leaders were hoping to finalize the bill before last Christmas; however, concerns are mounting that the bill will not be finalized by year-end, 2008.  Meanwhile, CPSC recalls of lead-contaminated children's products continue and show no signs of diminishing.

Earlier this year, some toymakers decided to take it upon themselves to tackle lead and other standards in toys being sold to American children by enforcing voluntary standards that are more stringent than the mandatory federal standard currently in place.

President Bush has been criticized for continually blocking the CPSC from doing its job; therefore, Congressional action is needed to help increase safety to consumers, especially children.  Also, one of CPSC's three commissioners resigned in 2006 and under the Consumer Product Safety Act, the CPSC can continue to conduct formal business with two commissioners for six months. That quorum expired and has been extended, but President Bush has refused to nominate a candidate to serve as CPSC's third commissioner, despite growing concern over toy safety.

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CPSC Warns Toy Industry on Safety http://www.yourlawyer.com/articles/read/13901 Tue, 19 Feb 2008 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13901 toy recalls last year, has been put on notice.  Nancy Nord, Consumer Product Safety Commission (CPSC) acting chair spoke Monday at the annual American International Toy Fair, lashing out at the toy industry and citing a lack of safety controls that led to last year’s unprecedented and highly publicized toy recalls.  Warning that the toy industry has the obligation to regulate itself Nord said, "I will not tolerate this industry...not complying with our regulations.”  Nord added that the CPSC—which has been harshly criticized for not acting quickly enough to eliminate hazardous products from store shelves and for being influenced by the companies it regulates—is adding staff and working more closely with customs. "We all need to take responsibility" to make toys safer, she said, adding that she was "very angry" about toy recalls involving lead paint, as this was indicative quality control breakdown.

While the agency is now working with the Toy Industry Association to develop mandatory testing standards, millions of toys were recalled last year with 61 recalls, up over 20 from the prior year.  Of those, over six million toys were recalled due to lead; the highest number ever due to product defects.  Also, other potentially dangerous toys remained in stores and were sold without warning labels of possible choking hazards several times last year.

The Toy Industry Association released plans for a certification program mandating uniform testing, factory auditing, and risk assessment analysis of each product.  The proposal specifies toy makers must have an accredited laboratory test a random toy selection with frequency dependent on the factory’s quality control rates.  Pending legislation doesn't mandate a certification seal on products, but the program will provide for a seal as an option for toy companies.  Pending federal legislation will authorize the CPSC to create such a program or designate a body to do so.  The final plan by the Toy Industry Association and the American National Standards Institute is subject to a 30-day public comment review.  Following review, a final proposal will be presented to the industry group's board for adoption and implementation.  A pending House bill would overhaul the CPSC, expanding its oversight and is awaiting the Senate counterpart.  The final piece of legislation is expected to unite both bills.  Twenty-nine states also have pending legislation covering a wide variety of issues from lead to noise to toxic waste, said Rob Herriott, director of international and government affairs for the trade group.  

Some retailers—including Wal-Mart Stores Inc. and Toys "R" Us Inc.—are moving in advance of the legislation to meet or exceed the new standards by forcing suppliers to comply with higher mandates and announced that toys shipped to their chains effective March 1 must meet a tougher criterion for lead in surface paint.  The companies are phasing out chemicals found in PVC—vinyl—that have raised safety concerns; however, pending federal legislation does not address phthalates, chemicals used in PVC.  According to Joan Lawrence, vice president of standards and regulatory affairs for the Toy Industry Association, phthalates are deemed safe.  Many others say the chemical compound, with its toxic leaching tendencies, is dangerous.

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RC2 Settles Lawsuit over Lead Tainted Thomas & Friends Toys http://www.yourlawyer.com/articles/read/13738 Wed, 23 Jan 2008 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13738
The Thomas recall occurred in two parts:  1.5 million toys in June followed by 200,000 in September and was the first recall to raise global awareness about excessive lead paint levels in toys made in China.  In the 12-month period ending September 30th, 19 of 61 U.S. toy recalls were a result of lead paint, according to the Consumer Product Safety Commission (CPSC).  "The trend has continued in 2008," as companies increasingly test for and find more lead paint, said CPSC spokesman Scott Wolfson.

Prior to the recalls, RC2 had some quality controls in place; however, RC2 relied heavily on what its Chinese manufacturer reported to them, according to Jay Edelson, the lead plaintiff's counsel and an attorney at KamberEdelson.  Edelson said RC2 neither rigorously checked whether the Chinese firm tested paint nor how well the testing was conducted; sometimes, positive test results weren't conveyed from China to RC2 representatives in the USA.  RC2 dropped the Chinese manufacturer after the recall.  In a statement Tuesday, CEO Curt Stoelting said the company did conduct random testing prior to the recall on a quarterly or bi-annual basis, "like much of the industry."   Since the recall, RC2 increased testing of materials and toys, set tougher standards for manufacturers and paint suppliers, increased random inspections and audits, and implemented lab tests and results for every batch of wet paint.

Mattel, which faces 17 U.S. lawsuits over its recalls, and other toymakers, have also improved quality controls.  The Toy Industry Association (TIA) has also asked Congress to mandate toy safety testing, which now occurs on a voluntary basis. The Consumer Federation of America claims the planned TIA proposals aren't strict enough.

Over six million toys were recalled last year due to lead—the highest number ever for product defects—and, even more lead tainted toy lawsuits are pending. Other lead toy lawsuits have been filed against Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.

Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children.  In adults, lead can damage the nervous system.

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Toy Recalls Result of US Trade Policy that Promotes Overseas Production, Consumer Group Says. http://www.yourlawyer.com/articles/read/13544 Thu, 20 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13544 toy recalls this year—over six million for lead; the highest number ever for product defects—and recalls are due, in part, to U.S. trade agreements encouraging American toymakers to cut costs by shifting production overseas, according to the watchdog group Public Citizen.  Concerns about toy safety have been at the forefront of the holiday shopping season this year as millions of Chinese-made toys were recalled for excessive lead content or other hazards, such as small parts and magnets.  Some of the most popular toys recalled include Thomas the Tank Engine, Curious George and SpongeBob SquarePants; lawsuits include Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment.

Public Citizen’s report states over 87% of U.S. toys are imported, a huge shift from the 1970s when nearly 90% of U. S. toys were produced domestically.  "This toy safety crisis was made in America by toy corporations who chose to relocate their production to locations that can't ensure toy safety," says Lori Wallach, director of Public Citizen's Global Trade Watch division.  “Failed trade policy" encouraged U.S. toy companies to move much of their manufacturing overseas to areas with less reliable safety standards, according to Ohio Senator Sherrod Brown.  

Legislation to improve toy safety and give more clout to the besieged U.S. Consumer Product Safety Commission is moving through the Senate and the House of Representatives.  Brown said toy manufacturers have irresponsibly pushed hard for foreign subcontractors to cut costs.  "We know these products are made in conditions and under an economic regime where there is no emphasis on toy safety.  It's no surprise they make dangerous toys."  The report said Chinese-made toys accounted for 94% of 2007’s recalls, driven almost entirely by hazards related to excessive lead, probably because highly leaded paint is much cheaper.  It’s also vastly cheaper to purchase toys from China where the hourly wage for toy manufacturing workers in 2006 was 36 cents, about 2.5% of the U.S. wage.

Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children.  In adults, lead can damage the nervous system.  Toys with small parts and small magnets can pose choking hazards and many remained on shelves and were sold without warning labels of possible choking hazards several times this year.

Last week, Treasury Secretary Henry Paulson met with Chinese officials, and the two countries agreed to ensure Chinese-made toys meet U.S. safety standards.  Also, the World Trade Organization and the North American Free Trade Agreements have provisions providing foreign investor protections and limiting product safety standards and inspections.  "These agreements prioritize ensuring a favorable investment climate for U.S. firms seeking to relocate production overseas to take advantage of sweatshop wages, weak regulatory systems, and cheap product inputs over the concern of most Americans," Public Citizen said in the report.  Brown said the United States could make toys safer by changing its approach in trade negotiations and allowing fewer incentives to offshore production.

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Labels Can Help Shoppers Avoid Lead Contaminated Toys This Holiday Season http://www.yourlawyer.com/articles/read/13540 Wed, 19 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13540 toy recalls.   But finding safe toys is possible – provided consumers know what to look for.

This holiday season is posing all sorts of challenges for parents trying to ensure the toys they buy are lead-free.  The Consumer Products Safety Commission (CPSC) has recalled 75 brands of toys since the beginning of this year; 39 due to lead exposure.  Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  But lead isn’t the only problem according to two consumer investigations—toys with small parts and small magnets can pose choking hazards.

The widespread recalls have lead to confused consumers who don't know how to tell whether a toy is safe or not.  "We get a ton" of lead questions, said Kate Tanner, owner of Kidstop Specialty Toys and Books and president-elect of the American Specialty Toy Retailing Association, added, "Hundreds of people are asking that question all the time."

Consumers buy nearly half of all toys sold in the U.S. in the fourth quarter, which includes the holiday shopping season, according to market researcher NPD Group.  Tanner said no product carries a 100% safety guarantee, but concerned shoppers can boost their toy-buying confidence by looking for safety-standards labels that are similar to a Good Housekeeping Seal of Approval.  Products deemed safe carry labels known as EN71, ASTM F963, or ASTM F967 and refer to toy safety standards in Europe and the U. S.  The standards cover choking hazards, product flammability, and acceptable lead paint levels, among other things.  Labels are periodically updated when a new hazard is revealed.

Many shoppers associate safety concerns with toys made in China, partly because the country—which manufactures about 85% of all toys sold in the U. S.—came under scrutiny earlier this year after Mattel Inc. recalled over 21 million toys.  Mattel later acknowledged it could have done a better job of overseeing subcontractors in China, but safety experts and retailers say that a toy that's made overseas isn't necessarily unsafe.

Michael Green, executive director for the Center for Environmental health, said the CPSC should do more to ensure dangerous toys aren't approved for sale.  "The problem is that these things need to be considered safe before they get on the store shelves," he said. "There's no requirement for these companies to have third-party testers."

Meanwhile, parents say they do the best they can.  They, like other shoppers, agree that toy safety has taken center stage this season but said they don't spend all their time worrying about it, feeling that there have been so many recalls this year that it’s difficult to keep track.  One parent says she lets young sons play with recalled toys as long as she's supervising them.  She and other mothers say they tossed toys with magnets or hazards they see as a clear risk.  Other parents said they evaluate toys based on safety concerns as much as they do on whether they're intellectually stimulating.

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Selling Recalled Toys Should be a Crime, New York Lawmaker Says http://www.yourlawyer.com/articles/read/13525 Tue, 18 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13525 dangerous toys have been removed from the market.  Yet despite widely published toy recalls, many recalled items are still being found on store shelves, potentially placing millions of children in serious danger.

Toy safety has received a great deal of attention this year. Since August, toy giant Mattel has issued 3 separate toy recalls for products contaminated with lead and others made with dangerous magnets.  In June, the RC2 Company recalled more than 1 million lead-tainted Thomas and Friends toy trains. Children’s jewelry and character notebooks have also been recalled for the same reason.  Another popular toy, Aqua Dots, was recalled in November because it contained a chemical known as a “date rape drug.”

But recalls are often not enough to insure that unsafe toys don’t make it into the hands of children.   Just last week, the New York Consumer Protection Board said its inspectors had recently visited 2,800 stores and found about 620 recalled toys still on shelves.  And just yesterday, officials from US Customs and Border Protection announced the seizure of thousands of cartons of poisonous Aqua Dots, shipped from China, that were bound for American stores.  Other surveys have found recalled toys and other products for sale on online auction sites and at second hand stores.

The failure of federal regulators to protect American children from dangerous toys has led many states to consider enacting their own laws.  For example, California’s Attorney General has sued 20 companies, including Mattel Inc. and Toys R Us, accusing them of selling toys that contain unlawful amounts of lead and failing to warn the public of the health dangers. California is also the first state to seek labeling of toys made with unsafe levels of lead. It's part of the state's right-to-know law aimed at embarrassing businesses into removing toxic chemicals from their products.

Now, New York has become the latest state to try to stem the tide of unsafe toys. Hakeem Jeffries (D-Brooklyn) has proposed a law would punish the owners of retail and wholesale distribution firms who sell recalled toys with a fine of up to $5,000 per infraction and as much as a year in prison.  The dangerous toy bill would apply penalties to dealers "who knowingly or intentionally sell to the public ... any toy or play equipment that has been the subject of a manufacturer or government ordered recall" because of a dangerous defect. The bill also states that dealers have 30 days to pull the products after notice of the recall.

Jeffries' proposal is similar to one presented last week by several other lawmakers in the New York State Senate.  That proposal allows the attorney general to seek a civil penalty of $1,000 to $10,000 for retailers who violate the new law, but it does not include jail time.

The New York legislature is expected to take up the toy recall laws sometime early next year.

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New York Toy Survey Finds Lead Tainted Toys Remain on Store Shelves http://www.yourlawyer.com/articles/read/13484 Tue, 11 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13484 Lead tainted toys are still being stocked by stores in New York, says the state’s Consumer Protection Board.  After a rash of national toy recalls this year, Governor Eliot Spitzer ordered a statewide investigation that revealed some dangerous toys with unsafe lead levels were still available; Spitzer also called for retailers to improve their responses to recalls.  Inspectors visited 2,800 stores and found about 620 recalled toys still on shelves, Spitzer said Monday.  Over six million toys have been recalled this year because of lead; the highest number ever due to product defects and lawsuits include Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.  Yet, potentially dangerous toys remain on store shelves.

The recent review identified three additional toys—all made in China and sold in dollar stores—containing excessive lead in their paint:  The Army Force car set imported by Encore Sales of Ontario, Canada; the green and orange Sprite Tractor Trailer toys; and Wrestle Mania action figures distributed by AA of America.  Spitzer called on the federal Consumer Product Safety Commission (CPSC) to issue a national recall of these toys, asking the agency to draft legislation to punish businesses selling recalled products and tightening recall standards for manufacturers, distributors, and retailers.  Not long ago, the Chinese government signed agreements to help prevent lead-painted toys from reaching the U.S.  Toys continue to undergo more inspection and re-testing which may lead to even more CPSC recalls before year's end.

About 5,000 children are diagnosed with lead poisoning in New York yearly, generally from lead paint in older housing, according to the governor's office.  Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  But lead isn’t the only problem according to two consumer investigations—toys with small parts and small magnets can pose choking hazards.

The CPSC has been harshly criticized for being influenced by the companies it regulates.  Incomprehensively, high-level officials accepted free trips paid for by the industries they were charged to oversee.  The agency argues that they are constrained by a small budget and legal issues and that staff has dropped to an all-time low.  The House and Senate are considering legislation to overhaul the product safety system by increasing CPSC's budget, raising the cap on civil penalties, and giving the CPSC authority to provide quicker public notice of potentially dangerous products.  The measure also seeks to ban officials from taking trips financed by the industries they oversee.

Consumer advocates feel all lead should be banned from toys and support parts of a bill known as the CPSC Reform Act, designed to prevent unsafe toys from reaching stores. The bill has passed the Senate Commerce Committee and is awaiting further action.

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Dangerous Toy Crackdown Coming As Congress Readies New Product Safety Laws http://www.yourlawyer.com/articles/read/13448 Thu, 06 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13448 A toy safety crackdown could finally come at the end of the year, as both houses of the US Congress are poised to pass legislation aimed at keeping dangerous toys and other products away from consumers.   Congress has been working on toughening up product safety laws following a wave of recalls for toys and other products this year.

A string of recalls for toys and other products have shined a spotlight on what some say is an ineffective Consumer Products Safety Commission (CPSC).  Some of the recalls have involved lead-tainted children's toys, dangerous magnetic play sets, cribs that became death traps, and dangerous baby seats. In many instances, the CPSC waited until several children were injured, and even killed, before it acted on reports that a product could be dangerous. Too often, the CPSC relies on the manufacturers of defective products to handle safety issues, and that rarely works out well for consumers.

If passed, new product safety legislation would more than double the budget of the CPSC by 2015, increase the agency's power to inspect and recall products and mandate additional testing for children's products.  But while the reforms have strong bipartisan support in Congress, the Bush Administration and Nancy Nord, the head of the CPSC, have been less than enthusiastic about the proposals.  Despite the fact that the CPSC budget has declined by 15 percent in the past three years, and that it employs only one full-time toy inspector, Nord said she does not believe the agency needs more money.  Nord's stance has been widely criticized, and at one point, some in Congress where demanding her resignation.

In a speech to the National Press Club on Wednesday, Senator Richard Durbin (D-Ill), one of the leading proponents of product safety reform, criticized the Bush Administration's opposition to the proposals.  Durbin wants the President to increase the CPSC budget by at least 10 percent in his next budget request. He also asked the president to improve the CPSC's Web site to better help consumers find recall information, to work with Congress to fill vacant seats on the commission and to halt all agency staff travel sponsored by companies the commission regulates.

Most of this year's toy recalls have involved Chinese made products.  In his speech, Durbin likened toy shopping to playing "Chinese roulette" as parents must worry that their child's holiday toys will contain lead paint, toxic glue and dangerous magnets. Durbin advised that this holiday season might be a "good year for books and movies".

]]> ADHD Linked to So-Called "Safe" Lead Levels http://www.yourlawyer.com/articles/read/13452 Thu, 06 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13452 Lead levels once considered safe could be putting some children at risk for Attention Deficit Hyperactivity Disorder (ADHD) says a new study.  The research, conducted by the University of Michigan, is sure to cause concerns among parents already made anxious by this year's record number of recalls for lead-tainted toys.

Lead exposure is especially dangerous for children under 6 because they are still growing, and their brains are developing.   If lead is ingested, it can cause behavioral problems, learning disabilities, seizures and even death.  The symptoms of lead poisoning often mimic other illnesses.  They include irritability; loss of appetite; weight loss; sluggishness; abdominal pain; vomiting; constipation and pallor from anemia.  There are often no signs that a child has been exposed to lead, and a blood test is the only way to determine if someone is suffering from lead poisoning.

The University of Michigan study looked at 150 Lansing-area children with and without ADHD.  According to the study, all of the children tested positive for some lead in their blood, although none had levels higher than the 10 micrograms per deciliter level currently considered unsafe by the Centers for Disease Control.   Children with ADHD had higher levels of lead in the blood than those without the disorder, according to the study.  The average blood lead level of children with ADHD in the MSU study was less than 1.3 mcg/dl.

The research findings support a growing body of national evidence suggesting there is no safe level of lead in the blood, said Joel Nigg, professor of psychology at Michigan State and study director.  While the "safe" level for lead in the blood was lowered from 25 mcg/dl to 10 mcg/ld in 1991, some scientists are now calling for the level to be dropped to 5 mcg/dl or even lower.  The link between ADHD and blood lead levels will also increase calls tougher regulations on items that contain lead and other harmful elements that can get into the food supply or local environment of children - from cosmetics to cleaning supplies to electronic goods.

This latest study will surely increase the anxiety of parents already concerned that their children have been exposed to dangerously high levels of lead found in some toys.  This year, millions of Chinese-made toys have been recalled due to lead paint.  Toy giant Mattel has issued 3 separate toy recalls for lead hazards and other problems. In June, the RC2 Company recalled more than 1 million lead-tainted Thomas and Friends toy trains. Children's jewelry and character notebooks have also been recalled for the same reason.  Just this week, a consumer group published survey that found that hundreds of toys available for sale in stores contained dangerously high levels of lead.

The results of the University of Michigan ADHD study will be published in the February issue of Biological Psychiatry.

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Toxic Toys Contaminated with Lead, Arsenic, Mercury and Other Chemicals Still on Store Shelves http://www.yourlawyer.com/articles/read/13438 Wed, 05 Dec 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13438 Toys sitting on store shelves right now are often contaminated with hazardous chemicals, including lead, arsenic, mercury and asbestos a new report says.   The Environmental Health Project for the Ecology Center in Ann Arbor, Michigan says that recent tests it conducted on more than 1,200 toys show that the Consumer Product Safety Commission is not doing enough to protect children from dangerous toys, and that manufacturers are not self-regulating the toy industry.

According to The Consumer Action Guide to Toxic Chemicals in Toys, 17% of the toys tested contained levels of lead that were in excess of federal standards.   Lead is highly toxic and can cause learning disabilities, behavioral problems and other health issues in young children if ingested.  According to the toy safety report, the highest concentrations of lead were found in children's jewelry. Of the 504 pieces of jewelry tested, more than 33% contained lead at levels greater than the 600 parts per million standard for toys and children's products set by the CPSC.  Products made of soft plastic also dominated the list of toys with high levels of lead. Lead is sometimes added to vinyl as a stabilizer. Among the other toys containing significant levels of lead were the Hannah Montana Pop Star Card Game with 2,000 to 3,000 parts per million in the card case, Elmo's Take-Along Card games with almost 10,000 parts per million in the Red Elmo bag, and a Barbie purple convertible with about 100 to 250 parts per million in the tires and undercarriage.

And it wasn't just lead that was found. The Environmental Health Project for the Ecology Center also found other chemicals such as cadmium, arsenic and mercury in a small percentage of the toys, as well as toys made with polyvinyl chloride, which often contain toxic additives, such as phthalates.   While the group is not claiming that the presence of these toxins in toys presents an immediate danger to the health of children, they raise concerns because exposing children to such chemicals is not necessary.  In fact, many of the toys tested contained no toxins at all, proving that toy manufacturers can avoid dangerous chemicals if they choose to do so.

To help parents choose toys that are free of toxic chemicals, the nonprofit center has established a website at www.HealthyToys.org.  All 1200 toys tested by the center are listed by brand or type along with a listing of any chemicals found in them, and the center has plans to update the site by adding 10 more toys each week until Christmas.  Parents curious about the chemicals present in a specific toy can search the site by brand names, the name of the toy itself and by type of toy.   Additionally, the site offers a "Test My Toy" feature whereby consumers can request that the center test a specific toy if it is not listed on the HealthyToys site.

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Toy Recalls, Defective Toys Require Parents to Be Vigilant http://www.yourlawyer.com/articles/read/13395 Wed, 28 Nov 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13395 dangerous toys involving more than 25 million products.  Toys are undergoing increased reviews which may lead to additional recalls before year-end.

Firms take steps to remove recalled products from market, but it is impossible to police toys sold at thrift stores, garage sales, and Internet auction sites.  Recalls extend to nontoy products and, sometimes, action is not swift.  The death of an 8-month old a year ago prompted the recall of 36,000 racks sold by Jetmax only this month. It took three weeks for the CPSC to pick up a faulty Bassettbaby’s crib for review—nearly 9000 were recalled due to construction flaws posing entrapment and strangulation hazards.  Nearly one million Graco and Simplicity cribs were recalled due to a design flaw resulting in three children’s deaths.  The CPSC was criticized for its handling of the Graco and Simplicity Crib investigation and the Chicago Tribune claims the recall was only issued after the agency learned the paper was going to press about their neglect.  The CPSC has also been harshly criticized for being influenced by the companies it regulates.  Incomprehensively, high-level officials accepted free trips paid for by the industries they were charged to oversee.

Much of what goes into toy shopping is common sense but how can a shopper tell if a toy is lead tainted?  Over six million toys have been recalled due to lead.  Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children.  In adults, lead can damage the nervous system.

The AAP suggests, among other things:  Show children how to use toys.  Avoid toys with loose parts, sharp pieces, choking or strangulation hazards, or loud noises that can damage a child’s hearing.  Read labels and buy age-appropriate items.  Buy non-toxic products—crayons and markers have found their way on the hazardous items list.  Ensure toys and parts are larger than a child's mouth, nose, and ears.  Soft toys should be washable, have secure seams and edges—small pellets can cause choking or suffocation.  No metal parts for a baby or toddler.  Small batteries are toxic and can cause choking.  Electric toys should be "UL Approved.”  Crib gyms and mobiles are not suitable for children who can push up.  Toy chests should have smooth, finished, nontoxic edges; sturdy lids that remain open in any position and with locking supports; safe hinges that do not pinch skin; and ventilation holes.

Many parents believe a toy is safe if it is on the shelves.  This is not always the case and parents must be vigilant; what appears to be harmless could result in injury.  Despite best efforts, thousands of children suffer toy-related injuries yearly.  By knowing what to look for when buying toys and practicing a few simple ideas for safe use, you can prevent some problems before they occur.

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Toy Safety Guidelines Released by CPSC, As Consumers Urged to Be on Guard for Defective Toys http://www.yourlawyer.com/articles/read/13369 Fri, 23 Nov 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13369 toy recalls continue to plague consumers, toy safety is very much on the minds of parents right now.  With the busiest shopping season of the year is upon us, the U.S. Consumer Product Safety Commission (CPSC) is emphasizing the importance of safe shopping and says that knowing the ABCs of toy safety will make for happy holidays:  A for Awareness, B for Benefits, and C for Consumers:  Awareness Benefits Consumers.

Awareness involves knowing the CPSC exists, what the agency does to protect consumers, and what poses the greatest risks.  The CPSC claims it is their increased scrutiny of toys that has led to consumer Benefits. The CPSC says it is taking the steps required to remove dangerous products from stores and more companies are testing products and reporting safety problems.  There are over 400 annual children product recalls that do receive media coverage, the CPSC says Consumers should stay informed and aware of recalls by signing up to receive email notification of recalls at www.cpsc.gov.

Many of the CPSC toy safety recommendations are common sense.  The agency urges consumers to look for labels that give age and safety recommendations; select toys to suit the child’s age, abilities, skills, and interest.  Look for sturdy construction.  No toys with sharp edges and points for children under eight, no small magnets for children under six—when swallowed, magnets can cause serious injuries and death—and no small parts for children under three.  Immediately discard plastic wrappings and keep older children’s toys away from young children.  Read instructions and warnings on battery chargers; some are unable prevent overcharging and can cause thermal burn hazards.  Riding toys, skateboards, and in-line skates go fast and falls could be deadly; safety gear should be sized to fit.  Projectile toys are for older children and can cause serious eye injuries.

This year, the CPSC recalled 61 toys involving more than 25 million product. Over six million toys have been recalled due to lead, the highest number ever due to product defects.  Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children.  In adults, lead can damage the nervous system.

When recalls occur, firms take steps to remove products from market, but it is impossible to police toys sold at thrift stores, garage sales, and Internet auction sites.  A large variety of recalled toys were found selling individually and in bulk via retail and business-to-businesses sites.  Recalls also extend to non-toy products and sometimes, action is not swift.  The death of an 8-month old baby boy prompted the recall of 36,000 racks sold by Jetmax. It took three weeks for the CPSC to pick up a faulty Bassettbaby’s crib for review.  Nearly 9000 were recalled due to a construction flaw posing entrapment and strangulation hazards.  Nearly one million Graco and Simplicity cribs were recalled due to a design flaw resulting in three children’s deaths; the CPSC was criticized for its handling of the investigation and, according to the Chicago Tribune, the recall was only issued after the agency learned the paper was going to press about their neglect.  

The CPSC has been harshly criticized for being influenced by the companies it regulates.  Incomprehensively, high-level officials accepted free trips paid for by the industries they were charged to oversee.

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Toy Safety Survey Says 'Bob the Builder', 'Curious George' Top List of Unsafe Toys http://www.yourlawyer.com/articles/read/13373 Fri, 23 Nov 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13373 toy recall this year has made parents anxious as they begin their holiday shopping.   It’s difficult to judge whether a toy is safe or not when it is tightly packaged and sitting on store shelf.  Fortunately, consumer protection groups have made it their business to try to identify unsafe toys.  Just in time for holiday shopping, the watchdog organization US Public Interest Research Group (US PIRG) released its annual toy safety survey in an effort to help consumers avoid hazardous products this holiday shopping season.

The 2007 “Trouble in Toyland” report is the 22nd annual toy safety survey conducted by US PIRG.  This year, US PIRG says it focused on four categories of unsafe toys: toys that may pose choking hazards, magnetic toys, toys that are excessively loud, and toys that contain lead and other potentially toxic chemicals. To compile the survey, representatives from US PIRG visited numerous toy stores and other retailers to find potentially dangerous toys and identify trends in toy safety.  The US PIRG “Trouble in Toyland” report also provides safety guidelines for parents when purchasing toys for small children and provides examples of toys currently on store shelves that may pose potential safety hazards.

Some of the unsafe toys highlighted by US PIRG in the “Trouble in Toyland Report” include a Bob the Builder doll, made by Learning Curve/RC2 that contains small parts that are a chocking hazard; Safari Magnetic Marbles, manufactured by Safari LTD that contain powerful magnets that can cause intestinal injuries if swallowed; and a number of Curious George dolls made by Marvel Toys that contain lead.  US PIRG says that such toys are unacceptable, and the organization is hoping that its report will cause the Consumer Products Safety Commission (CPSC) to take action to get the toys included in the report off of the market.

The CPSC is one organization that comes in for a great deal of criticism in the US PIRG unsafe toy report.  Understaffed and underfunded, the CPSC cannot be counted on to keep unsafe toys away from children, says US PIRG.  According to the US PIRG “Trouble in Toyland” report, the CPSC is the nation’s smallest safety agency, yet it is responsible for 15,000 different products— from chain saws to escalators and from kitchen appliances to toys. Its current actual budget ($63 million) is less than half of what its 1974 startup budget ($34 million) would be today if merely corrected for inflation ($140 million). It has only one toy tester at its outdated Maryland laboratory; worse, only 15 of 400 total staff (down from a 1980 peak of 978) are on duty full-time as port inspectors.

US PIRG has called on Congress to close the holes in toy safety.  Currently, lawmakers are debating two bills that would give the CPSC more authority and funding.  Among other things, the proposed laws would increase fines against companies that produce unsafe toys, and give the CPSC authority to issue mandatory recalls.  Right now, the agency can only ask manufacturers of defective products to issue voluntary recalls.

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Toy Recalls Spur Defective Toy Lawsuits, Calls to Reform CPSC http://www.yourlawyer.com/articles/read/13363 Wed, 21 Nov 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13363 Defective toy lawsuits now include Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.  Yet, potentially dangerous toys remain on store shelves and many were sold without warning labels of possible choking hazards several times this year.

Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children.  In adults, lead can damage the nervous system.  But lead isn’t the only problem according to two consumer investigations—toys with small parts can pose choking hazards, while those with small magnets can also cause intestinal injuries.   Unfortunately that message is not coming from governmental agencies, as these sorts of messages should.

The Consumer Product Safety Commission (CPSC) has been harshly criticized for being influenced by the companies it regulates.  Incomprehensively, high-level officials accepted free trips paid for by the industries they were charged to oversee.  The CPSC argues that they are constrained by a small budget and legal issues and that staff has dropped to an all-time low.  The House and Senate are considering legislation to overhaul the product safety system by increasing CPSC's budget, raising the cap on civil penalties, and giving the CPSC authority to provide quicker public notice of potentially dangerous products.  The measure also seeks to ban officials from taking trips financed by the industries they oversee

Meanwhile, California Attorney General Jerry Brown sued 20 companies Monday for selling toys with unlawful quantities of lead and failing to warn the public of health dangers.  Los Angeles City Attorney Rocky Delgadillo joined the suit and additional suits were filed by the Center for Environmental Health, the Environmental Law Foundation, and As You Sow.

California is seeking labeling of toys made with unsafe levels of lead as part of the state's “Right-to-Know” law aimed at embarrassing businesses into removing toxic chemicals from their products.  The federal government doesn't require manufacturers and retailers to disclose this information but does have laws limiting how much lead can be used in such products.  The Center for Environmental Health recently discovered of 100 toys tested for lead, nine contained high levels of 900 parts per million or more and six had levels higher than 100 parts per million.  Consumer advocates feel all lead should be banned from toys and support parts of a bill known as the CPSC Reform Act, designed to prevent unsafe toys from reaching stores. The bill has passed the Senate Commerce Committee and is awaiting further action.  They also support a similar bill called the Consumer Product Safety Modernization Act to be heard in the House Energy and Commerce Committee next week.

The Chinese government recently signed agreements to help prevent lead-painted toys from reaching the U.S. and toys are undergoing more inspection and re-testing which may lead to more CPSC recalls before year's end.

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Toy Recalls: eBay, Other Internet Sites Often Rife with Recalled Toys http://www.yourlawyer.com/articles/read/13342 Sat, 17 Nov 2007 00:00:00 -0500 http://www.yourlawyer.com/articles/read/13342 Keeping up with toy recalls is tough enough.   But now, parents have a new worry.   Recalled toys are still being found for sale on internet sites lie eBay. New technologies are constantly emerging, and so is how consumers shop and receive information.  The Internet is global and regulation and control are no easy task.  Unfortunately, the small and underfunded Consumer Product Safety Commission (CPSC) is not up to the task of policing the thousands of sites where recalled toys are sold and resold.

Recalled products should not be sold by eBay or any other online site.  Period.  And, when recalls occur, firms take steps to remove products from the market.  But steps vary, and no company can police every site with which they do not conduct business.

Barbie, Polly Pocket and Thomas the Tank Engine make for headlines, so does Mattel accruing  $40 million in recall costs.  But what about the 400 annual toy and children product recalls that do not get coverage?  Or toys donated to thrift stores or sold at garage sales and online auction sites?

The CPSC recently logged 61 recalls and Mattel recalled millions of items.  Mattel says it learned of problems when toys failed a French importer's testing; Mattel wrote to retailers, ran ads in print, and advertised on sites likely to be visited by parents, such as Yahoo, Walt, Nickelodeon, and Cartoon Network.  Other manufacturers, importers, and distributors have also been subject to recalls, including Jo-Ann Stores, Gymboree, J.C. Penney, Toys "R" Us, and KB Toys.

Recent Internet studies revealed distressing information.  Thomas the Tank Engine and Friends Railway Car—recalled by RC2 Corporation—and Mattel’s recalled Dora the Explorer talking van and a Tickle Me Elmo product were found for sale on eBay.  A recalled Barbie and Tanner set from Mattel showed up—in bulk—on retail and business-to-business sites iOffer.com, Alibaba.com, and Made-in-China.com.  Of 1100 listings for recalled toys, eight percent carried enough indicative information—such as product numbers—to confirm product recall:  79% from Made-in-China, 13% from iOffer, and 8% from Alibaba.  Evenflo's Happy Camper was recalled ten years ago for problems resulting in two deaths and a Fisher Price baby jumper was recalled seven years ago; but both were recently purchased on eBay.  And, 141 children’s products recalled from 1992 to 2004 were found on nearly 200 online auctions.

eBay is considered the best at stopping recalled product auctions and works with the CPSC to stop these auctions.  eBay cancels listings, suspends accounts, and recently informed members they could be kicked off the site and lose fees for selling recalled merchandise.  The CPSC continues to reach out to major auction sites, but they are a small agency and the vastness of the Internet is challenging.

Recalls reveal how e-commerce has complicated product monitoring and distribution for manufacturers, retailers, and the CPSC.  However, the burden is not placed on recalling firms to search the Internet.  Rather, the CPSC prefers these firms focus on where they can confirm product sales:  their sites and online stores with which they contract.  Thus, the onus for policing online sale sites falls largely on government investigators.  Obviously, this ian enormous global endeavor, which is prompting talk about increasing enforcement.  The CPSC Reform Act, a proposal in the Senate, would strengthen the government's enforcement ability and make it illegal to sell, resell or import recalled products.

But until the CPSC Reform Act is passed, recalled toys can be easily found for sale on the Internet.

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Halloween Toy Recall Ensnares 440,000 Lead Tainted Toys http://www.yourlawyer.com/articles/read/13284 Thu, 01 Nov 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13284 Consumer Product Safety Commission (CPSC) encompassed more than 440,000 toys, and only served to encourage more criticism of the CPSC and its chair, Nancy Nord.

Yesterday’s toy recalls were just the latest in a long parade involving lead-tainted children’s toys.  Since August, toy giant Mattel has issued 3 separate toy recalls for lead hazards and other problems.  In June, the RC2 Company recalled more than 1 million lead-tainted Thomas and Friends toy trains.  Children’s jewelry and character notebooks have also been recalled for the same reason. And earlier this month bookmarks, Halloween pails and children’s puppet theaters, along with toy animal figures sold at Wal-Mart have all been recalled for excessive amounts of lead.  Lead can cause a wide range of health problems, including learning disabilities and brain damage, if it is ingested by small children.

The largest of the toy recalls announced yesterday involved 380,000 Galaxy Warrior action figures sold by Family Dollar stores throughout the US from January 2006 through October 2007 for $1.   The Chinese made Galaxy Warrior toys are posable spaceman figures about 4½-inches tall and come with two accessories. They were sold in various colors including yellow, grey, silver, blue, green, gold, black, and red.  According to the CPSC, the surface paint on the toys contains illegal levels of lead.   

Tween Brands, a familiar name to anyone following recalls involving lead-tainted jewelry, is recalling about 3,000 Decorative Packaging Pearl-like Bead Attachments sold with Girl’s Gift Sets.  The recalled decorative packaging was sold through Limited Too retail stores nationwide, as well as the Limited Too catalog and Web site from April 2007 through September 2007 for between $11 and $13.  According to the CPSC, the recalled items consist of a pearl-like pink bead attachment on the outside packaging of the gift sets and a zipper pull/wrist band on a cosmetic lip gloss set. The gift sets were sold under the “Sparkle by Too” line, as follows: 3-Pack Lip Gloss Wristlet (Style No. 2014), 4-Pack Body Spray (Style No. 2017), and 3-Piece Bath Set (Style No. 2018).  The surface coating on a plastic bead decorative packaging attachment contains excessive levels of lead, violating the federal lead paint standard.

The CPSC is also recalling 16,000 Elite Operations toy sets sold at Toys ‘R’ Us nationwide from July through October, 2007 for between $10 and $30.   The Elite Operations recall involves four military-style Elite Operations toys, including Super Rigs (#1004), Command Patrol Center (#1020), Barracuda Helicopter (#1023), and 3 Pack 8-inch Figures (#1024). The product number is located on the toy’s packaging.  The Elite Operations toys are also being recalled for a lead paint hazard.

Also included in the latest round of recalls are 3,000 Ribbit Board Games sold through SimplyFun independent consultants from March 2007 through October 2007 for about $18.00. The games came with five frog-shaped wooden pieces that act as pawns for movement. The wooden pieces are blue, red, green, yellow and lavender in color. According to the CPSC, the game pieces contain high levels of lead.

And finally, just in time for Halloween, the CPSC recalled 43,000 sets of “Ugly Teeth” party favors sold at various retailers throughout the country from January 2007 through October 2007 for $2.  The fake Halloween teeth, which children are supposed to put in their mouths, contain 100 times the permissible level of lead.

Consumers who purchased any of these products should take them away from children immediately.  They should also consult the CPSC website for information on disposing of these dangerous toys.

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Mattel Fisher-Price Toy Recall Issued for Go Diego Go Animal Rescue Boats http://www.yourlawyer.com/articles/read/13258 Fri, 26 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13258 Mattel toy recall since August.  Meanwhile, several other companies, including Family Dollar stores, also issued recalls for toys with excessive levels of lead.

According to the Consumer Products Safety Commission (CPSC), the Chinese-made Go Diego Go Animal Rescue Boats are made with surface paint that contains excessive amounts of lead in violation of federal lead paint standards for children’s toys.   The Fisher-Price toy is an orange and yellow boat that squirts water.  The cartoon character Diego is in the boat’s driver seat.   All of the toys are marked with the “Fisher-Price” logo, and bear the product number K3413 and a date between 137-7HF and 223-7HF.  The Go Diego Go Animal Rescue Boats were sold at retail stores nationwide between June 2007 and October 2007 for around $15.00.

Children should not be allowed to play with the recalled Go Diego Go Animal Rescue Boats, as lead can cause brain damage and other serious injuries to children if swallowed.   Consumers should contact Fisher-Price at (888) 299-0579 or online at www.service.mattel.com for instructions on returning the recalled toys to the company.  Fisher-Price will provide consumers with a free replacement toy.

In addition to the Mattel Fisher-Price toy recall, the CPSC also issued recall notices for bobble head dolls, buckets, toy jewelry and toy gardening sets that contained high levels of lead.  Those recalls include 142,000 Halloween buckets sold at Family Dollar stores nationwide, and 97,000 toy gardening sets sold at Jo-Ann Stores.  Other toy recalls include 190,000 children’s toy jewelry sets imported by Greenbrier International and another 110,000 jewelry sets sold by WeGlow International.

Finally, 80,000 bobble head football cake decorations sold at bakeries and ice cream stores were also recalled.   The bobble head decorations included figures based on the following teams.  Baltimore Ravens, Green Bay Packers, Oakland Raiders, Chicago Bears, Indianapolis Colts, Philadelphia Eagles, Cincinnati Bengals, New England Patriots, Pittsburgh Steelers,  Dallas Cowboys, New Orleans Saints, San Francisco 49ers, Denver Broncos, New York Giants and St. Louis Rams.   The bobble head decorations were sold nationwide since January.  

The Fisher-Price Go Diego Go Animal Rescue Boat recall is the fourth such action taken by Mattel this year.  Since August 1, Mattel has recalled more than 21 million toys because they contained either toxic lead paint or dangerous magnets that could cause intestinal injuries in children if swallowed.  Other companies have also been hit hard by toy recalls, including the RC2 Company which recalled more than 1 million lead-tainted Thomas and Friends toy trains in June.  

The US banned lead from paint used on toys in 1978, but as companies have moved more of their toy manufacturing operations overseas to places like China, lead exposure from toys has once again become a problem.  Foreign factories are under a great deal of pressure to produce goods at the lowest cost possible, a situation that causes many of these manufacturers to use cheaper materials, such as lead paint.

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Lead Testing Kits Won't Find Lead In Toys, CPSC Warns http://www.yourlawyer.com/articles/read/13243 Tue, 23 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13243 Consumer Product Safety Commission (CPSC).   The CPSC made that determination after evaluations of the lead testing kits revealed that they were highly inaccurate.  The CPSC decided to review the lead testing kits because they have become very popular following a string of recalls for lead tainted toys over the summer.

Toy safety has received a great deal of attention this year.  Since August, toy giant Mattel has issued 3 separate toy recalls for lead hazards and other problems.  In June, the RC2 Company recalled more than 1 million lead-tainted Thomas and Friends toy trains.  Children’s jewelry and character notebooks have also been recalled for the same reason. And just last week, bookmarks, Halloween pails and children’s puppet theaters, along with toy animal figures sold at Wal-Mart have all been recalled for excessive amounts of lead.  Lead can cause a wide range of health problems, including learning disabilities and brain damage, if it is ingested by small children.

Tired of wondering if their children’s toys are safe, many parents have decided to take matters into their own hands and have started testing toys for lead using home kits.  But the CPSC says that in most instances, these kits are a waste of time and money.  The commission reviewed two common types of home lead testing kits that are based on chemical reactions with either rhodizonate ion or sulfide ion.  In more than104 tests conducted by the CPSC, the lead testing kits failed to detect lead more than half of the time.   None of the lead testing kits detected the toxin in toys that were covered in a non-lead coating such as paint.  And in two instances, the lead testing kits indicated the presence of lead when it wasn’t there.

The CPSC says that the results were not a surprise, and were similar to other tests run by the commission in the past.  In fact, the CPSC said that it has from time to time run lab tests on products for lead hazards after consumers have informed them that the items tested positive for the toxin with a home lead testing kit.  But in none of those cases has the CPSC ever found lead to be present.   What’s more, these lead testing kits were originally designed to detect high levels of lead in paint.   So they are not effective in finding the lower, but still hazardous, lead levels that have sparked so many toy recalls.  

The results of the CPSC evaluation of lead testing kits have prompted the commission to advise consumers not to purchase these products.  The CPSC says that lead testing by a reputable laboratory is the only way to accurately detect lead in toys.

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Wal-Mart Toy Recall Issued for Lead Contaminated Animal Figures http://www.yourlawyer.com/articles/read/13237 Mon, 22 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13237
This Wal-Mart toy recall could be a real challenge for parents, as the Bentonville, Arkansas retailer is giving consumers very little information about the defective toys.  In a news release announcing the recall, Wal-Mart described the toys as “sets of realistic-looking farm animals, jungle animals and dinosaurs”.   The recalled Wal-Mart toys were sold loose in cellophane bags with no brand name.  The toy sets have a cardboard hanger that includes the price of 88 cents and reads “Dinosaurs”, “Farm Animals” or “Jungle Animals”.  Wal-Mart won’t say how many such toys were sold, nor will it reveal the name of the manufacturer.  Pictures of the recalled Wal-Mart toys are available on the company’s website.  

Wal-Mart said it had pulled the toys off of its shelves earlier this month, after preliminary tests revealed high lead levels.  The Wal-Mart toy recall was issued Friday after the first tests were verified.  According to the company’s press release, Wal-Mart believes that the lead tainted toys were sold through other retailers, and it has provided the name of the manufacturer to the Consumer Products Safety Commission.  

In August, Wal-Mart announced that it would be increasing safety checks of the toys sold in its stores.  As part of this program, Wal-Mart has asked its suppliers to resubmit testing documentation, and is checking to see if stated results are accurate.  Wal-Mart also said that it would be subjecting more toys to independent lab tests, and would be testing up to 200 items each day.

Earlier this summer, several other toy companies also announced that they would be increasing their efforts to insure toy safety.  Disney, Nickelodeon and Sesame Workshop have all said they would be testing toys featuring their licensed characters.  And both Target and Toys ‘R’ Us have increased toy testing.

Toy safety has received a great deal of attention this year.  Since August, toy giant Mattel has issued 3 separate toy recalls for lead hazards and other problems.  In June, the RC2 Company recalled more than 1 million lead-tainted Thomas and Friends toy trains.  Children’s jewelry and character notebooks have also been recalled for the same reason.  

Exposure to lead can cause brain damage and other problems in young children, and the US all but banned the toxin from toys nearly 30 years ago.  But more and more toy manufacturers have moved their operations to China, where most of the recalled toys originated.   These factories are not subject to the same levels of inspection US operations would have to undergo.  Because of this, millions of lead-tainted toys have made their way into the US, exposing an unknown number of children to this dangerous poison.  

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J.C. Penney Recall Involves More than 70,000 Lead Tainted Children's Products http://www.yourlawyer.com/articles/read/13205 Fri, 12 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13205 dangerous toys made with lead paint yesterday, and the latest in a long line of other retailers and manufacturers to take such action this year.

In announcing the recalls, Consumer Product Safety Commission (CPSC) acting chair, Nancy Nord, said this latest round was “the direct result of the commitment that was made earlier this summer of cleaning the proverbial house.”  After several highly publicized recalls of lead-tainted toys and other children’s products by Mattel, Disney, the RC2 Company and other manufacturers, both the CPSC and the toy industry had promised to crack down on toy safety.  A J.C. Penney spokesperson told the Associated Press that following this summer’s rash of recalls, the retailer had hired an independent lab to perform additional tests for lead paint on its products.   It was this increased testing that uncovered the defective toys involved in the J.C. Penney recall.

Among the children’s items being recalled by J.C. Penney are about 49,000 Disney Deluxe Winnie the Pooh 23-piece play sets, imported from China. The play sets were sold at J.C. Penney outlet stores and through the company's website and catalog between August 2005 and August 2007.  The recall also includes 19,000 deluxe wooden art sets sold through the J.C. Penney catalog and website between September 2005 and August 2007; and 2,400 Breyer 2006 Stirrup Ornaments, also sold through the J.C. Penney website and catalog from August 2006 through August 2007.  Any of the recalled items may be returned to J.C. Penney stores for a full refund.

Another 20,300 Chinese-made toys were also recalled by several other companies yesterday.  These recalls include 2,500 collectible Jeff Gordon mini-helmets, imported by Riddell Inc. The miniature helmets were sold at stores around the country and through www.nascar.com between February and October 2007.  Kipp Brothers is recalling 10,000 bendable dinosaur toys sold in the Kipp Brothers' showroom and through the company's catalog and website between October 2006 and August 2007.   And finally, CBOCS Distribution Inc. is recalling about 7,800 Princess Magnetic Travel Art Set Lap Desks that were sold at Cracker Barrel Old Country Store locations around the country between April and August 2007.  Information on returning any of these recalled items to their manufacturers can be found at the CPSC website.

Parents who believe their children may have been exposed to lead paint should make arrangements with a pediatrician to have their child tested for lead poisoning.  Even small amounts of lead can cause brain damage, learning disabilities, kidney damage and other problems if ingested by small children.

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Mattel Toy Recalls Sparks Lawsuits by Shareholders, Angry Parents http://www.yourlawyer.com/articles/read/13202 Thu, 11 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13202 Mattel Inc. continues to be plagued by fallout from this summer’s massive toy recalls. In addition to a tarnished reputation, Mattel is facing dozens of lawsuits filed by parents whose children were exposed to the lead paint and dangerous magnets used in the recalled toys.   And just this week, a large pension fund filed a shareholder lawsuit against Mattel, alleging among other things that the company mishandled the toy recalls.

Since August 1, Mattel has issued three separate recalls for a total of 21 million toys because they contained either toxic lead paint or dangerous magnets that could cause intestinal injuries in children if swallowed.  Following the company’s first recall of lead tainted Fisher-Price toys, the Consumer Product Safety Commission (CPSC) announced that it was investigating Mattel’s timing of the recall announcement.   

Federal law requires that companies inform the CPSC of safety issues within 24 hours of learning of them.   But Mattel learned of the problems with its Fisher-Price toys on July 6, and the recall wasn’t announced until August 1.  In the past, the CPSC has fined Mattel several times for failing to report safety problems in a timely manner.  In 2001, the CPSC levied a $1.1 million fine against Mattel's Fisher-Price division for failing to report serious safety defects with Power Wheels toy vehicles. It was the largest fine against a toy firm in the agency's history. For its part, Mattel has long refused to comply with disclosure laws, calling the rules “unreasonable”.

Now, a Michigan pension fund, the Sterling Heights Police and Fire Retirement System, has sued Mattel, seeking compensation for the loss that shareholders may incur from the recalls. According to the New York Times, the suit claims that Mattel’s directors, including the chief executive, Robert A. Eckert, breached their duty to shareholders by allowing the company to delay the reporting of hazardous toys beyond the 24 hours allowed by law.   The lawsuit also claims that Mattel withheld information about its products from the CPSC for years in order to prop up sales and avoid fines, thereby artificially inflating the value of Mattel stock.   Finally, the suit also accuses four Mattel directors of selling $33 million worth of stock from late January to early May and profiting from insider knowledge of coming problems.

The pension fund owns 23,600 shares of Mattel stock now worth $534,776.  But the value of the pension fund’s stock could be negatively affected by the Mattel recalls.   The company has already had to restate projected sales figures as a result of the recalls.   And Mattel faces at least 10 lawsuits filed by parents in federal courts on behalf of children exposed to defective toys.  The company also faces even more lawsuits in state courts, and some are seeking class action status.

So far, Mattel has not commented on any of the pending litigation.

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Summer of the Toy Recalls Spurs Congress to Action http://www.yourlawyer.com/articles/read/13182 Fri, 05 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13182 Consumer Product Safety Commission (CPSC) had allowed the agency to “wither on the vine”.  And elsewhere on Capitol Hill, other lawmakers were working to enact a near-total ban on lead in products marketed for children.

 Ironically, yesterday’s Senate hearing began just minutes after the CPSC announced yet another batch of recalls for more than 500,000 defective toys and other items that contained illegal levels of lead.  It also came at the end of what CPSC Acting Chairperson Nancy Nord called “the summer of the recall”, as million of Chinese made toys have been recalled for lead paint and other hazards.   The recalls have hit some of the biggest and most trusted toy makers in the country.   This summer, Mattel issued three separate recalls for toys that contained hazardous lead paint and dangerous magnets.  Meanwhile, the RC2 Corporation had to twice recall lead painted Thomas the Tank Engine Toys, and just yesterday Disney recalled thousands of Baby Einstein blocks for the same reason.   Dozens of smaller companies have recalled everything from children’s jewelry, key chains, notebooks, water bottles and flashlights – all made in China – due to dangerous levels of lead.

Senator Richard Durbin (D-Ill) called for more funding for the CPSC and said he was in favor of legislation that would increase both its budget and staff.  "Let's face it -- our consumer product safety system is busted and in need of major reform," Durbin said.  Durbin has been a frequent critic of the CPSC, and recently took the agency to task for waiting too long to recall defective Simplicity and Graco cribs that killed three children.   

Nord said she agreed with many of the reforms proposed for the CPSC, but stopped short of directly asking for money.   That disturbed one Senator, who asked if Nord had been directed by the White House to refrain from requesting more funding.  Nord claimed that she had not been given any such instructions.

Meanwhile, several other lawmakers were working to ban any and all lead in children’s products.   Even small amounts of lead can cause brain damage and other problems if it is ingested by small children.  Currently, lead can be present in children’s toys at levels no higher than 600 parts per million, but consumer advocates say that regulation is outdated.  Earlier this week, aseveral members of Congress introduced legislation in both the House and Senate to that would ban lead from children’s products.

"Lead in children's products is dangerous and unnecessary," said California Democratic Rep. Henry Waxman, chairman of the House Oversight and Government Reform Committee. "This is the kind of simple, common-sense action the Consumer Product Safety Commission should have taken years ago.”

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Disney Toy Recall Includes 35,000 Lead Painted Baby Einstein Blocks http://www.yourlawyer.com/articles/read/13180 Thu, 04 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13180 dangerous toys that contain illegal levels of lead.   The company announced this afternoon that it was recalling 35,000 Baby Einstein toy blocks made with lead paint.   The Disney recall was only one of several announced today, as more than a half million more Chinese- manufactured toys were found to contain hazardous  amounts of lead.

In addition to the recall of lead-painted Baby Einstein blocks, the Consumer Products Safety Commission (CPSC) issued recalls for a variety of products that contained high levels of lead.   These include coined shaped “Pirates of the Caribbean” flashlights, cups shaped like Frankenstein's head, Totally Me! Funky Room Decor Set decorating kits imported and sold by Toys "R" Us Inc. and a variety of wooden toys imported and sold by KB Toys Inc.  This wave of recalls even included products not necessarily meant for children, including key chains containing high levels of lead, as well as bookmarks and journals with lead-tainted surface paint.  All of the products being recalled were manufactured in China.

These latest announcements come on the heels of several highly publicized recalls of dangerous Chinese toys.   Since August,  toy giant Mattel has issued three separate recalls of toys with hazardous magnets and lead paint.   Just last week, the CPSC recalled another half million toys distributed by various companies that contained too much lead.   And since June, the RC2 Corporation has announced two recalls of Thomas & Friends wooden toy trains.  The second RC2 recall actually included bonus toys the company gave away to atone for the first Thomas & Friends recall.

All of these toy recalls have angered parents and prompted toy companies like Mattel to promise stricter monitoring of Chinese manufacturers and more thorough testing of toys.  For example, following the second Mattel recall, Disney made the decision to start conducting its own tests of toys featuring Mickey Mouse, Cinderella and other popular characters last week.  Among the toys recalled for lead paint  in the second Mattel recall were die cast cars based on a character from the Disney movie “Cars”.

The CPSC said that the latest rounds of recalls are the results of these  tougher testing policies.  "There will be more recalls because of lead violations, but we also anticipate that we will begin to see fewer and fewer of them as a big portion of the marketplace will have been tested," a CPSC spokesperson told the Associated Press. "What you're seeing now is the result of a systematic approach to going through inventories."

Regardless of the reason, toy recalls are up significantly this year.  In its thirty year history, the CPSC has issued 154 recalls for toys containing dangerous levels of lead.   Nearly half have occurred since January 2006, something that has worried parents and incurred the wrath of lawmakers.   The crisis surrounding hazardous toys has led several lawmakers to propose various solutions to the problem ranging from more powers for the CPSC to a total ban on toys from China.

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EBay Announces New Product Recall Policy http://www.yourlawyer.com/articles/read/13173 Wed, 03 Oct 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13173 dangerous recalled products listed for sale.

Yesterday, EBay said that it would start sending warning notices to people who posted recalled items on the site.   The company said that further violations of its recall policy could result in the seller losing the right to list products on EBay.  The company is also warning shoppers to be extra careful before they bid on items, and is providing links to the Consumer Products Safety Commission’s (CPSC) website so that they can check if a product is recalled.

The EBay announcement comes after several high profile recalls were initiated over the summer.   Since August 1, the CPSC has issued three separate recalls for hazardous, Chinese-made Mattel toys.   The recalls involved toys with lead paint, and others that contained dangerous magnets that could cause intestinal injuries if swallowed by a child. Other dangerous products, including jewelry made for children, cribs, school supplies and clothing have all been recalled this summer. 

But many of those items eventually end up being resold at thrift shops, garage sales and online.   Earlier this summer, an article in the Injury Journal reported on a study done by the Center for Industry Research and Policy at Columbus Children’s Hospital.  The researchers chose 141 children’s products that had been recalled between 1992 and 2004 and searched for them on EBay.  The items included bassinets, walkers, furniture and riding toys.   Recalled items were up for sale in 190 different auctions.  The researchers also found that most of the recalled products received multiple bids, indicating that bidders were not aware of recalls.  And nearly 70 percent of the items were sold, putting many more children at risk for injury.

EBay’s management concedes that it cannot police the estimated 559 million new and used items listed for sale on the site every year.   EBay has always had a policy that prohibits recalled items, but the onus for identifying such products is usually placed on buyers and sellers.   The site’s “security and resolution” page has a link to the Consumer Product Safety Commission’s (CPSC) recall website, and both sellers and buyers are encouraged by EBay to check the CPSC site.  EBay also takes down auctions if the CPSC informs the company that an item up for bid has been recalled. And the CPSC says that it has worked with EBay to create filters that reduce the chance of a recalled item being sold on the site.

Whether or not the new EBay policy will keep dangerous recalled items off the site remains to be seen.   The best thing consumers can do to avoid buying such products on online auction sites like EBay is to become aware of product recalls, and check the status of any item before they consider buying it. 


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Latest Toy Recall Involves Nearly 600,000 Lead-Tainted Toys http://www.yourlawyer.com/articles/read/13158 Fri, 28 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13158 toy recalls.   This week, the Consumer Products Safety (CPSC) commission issued 7 separate recall notices for toys made with toxic lead paint and children’s jewelry that contain unlawful levels of lead.    So far this year, the CPSC has issued 50 separate recalls for children products that contained dangerous levels of lead, more than any other previous year.  What’s worse, it is unlikely that these massive recalls will be the last for toys made with illegal amounts of lead.  

Toy recalls have become an almost constant occurrence in the past several months, and have hit even the country’s largest toy maker.  Since August 1, the CPSC has issued three separate recalls for hazardous, Chinese-made Mattel toys.   The recalls involved toys with lead paint, and others that contained dangerous magnets that could cause intestinal injuries if swallowed by a child. Other products, including jewelry made for children, school supplies and clothing have all been recalled for high levels of lead.

On Wednesday, the CPSC announced recalls for nearly 600,000 toys that contained illegal levels of lead.  RC2 Corporation recalled five additional Thomas and Friends railway toys that contained lead paint.  Earlier this summer, RC2 had recalled 1.2 million other Thomas and Friends toys for the same reason.  RC2 also announced a separate recall for 800 “Knights of the Sword” toys for lead paint.  Other recalls included 350,000 children’s gardening tools and chairs sold by Target; 10,000 floor puppet theaters sold by Guidecraft, Inc.; 23,500 Toby & Me Jewelry Sets; 16,000 children’s toy rakes sold by Jo-Ann Stores, Inc., and 850 children’s spinning wheel metal necklaces sold by Rhode Island Novelty.

In its thirty year history, the CPSC has issued 154 recalls for toys containing dangerous levels of lead.   Nearly half have occurred since January 2006, something that has worried parents and incurred the wrath of lawmakers.   Earlier this month, several US lawmakers introduced laws that would give the CPSC more authority to deal with dangerous toys.   

But new laws won’t stop other toy recalls, which many experts say are a certainty.   Earlier this week, the Center for Health, Environment and Justice organized random testing of more than 50 toys and found high lead content in half of them.  Three of those had extremely high lead levels, the Center said.  Those toys included a Go Diego Go Backpack, a Superfly monkey and a pair of Circo LuLu boots.   The backpack contained a staggering lead level of 4,600 parts per million.   The allowable level for lead in toys sold in the US is only 600 parts per million.  Those findings  are proof that lead-tainted toys continue to endanger millions of children. It could be quite some time before parents see the end of toy recalls.

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Mattel Toy Recalls Our Fault, Company Executive Tells China http://www.yourlawyer.com/articles/read/13144 Tue, 25 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13144 toy recalls that have tarnished the “Made in China” label.  The fact that the apology was made in-person by one of the toy giant’s top executives underscores how important China is to Mattel’s bottom line.

Last Friday, Mattel’s vice president for worldwide operations, Thomas Debrowski, met with China’s product safety head, Li Changjang in an effort to mend fences.   “Mattel takes full responsibility for these recalls and apologizes personally to you, the Chinese people, and all of our customers who received the toys.”

Since August 1, the Consumer Products Safety Commission has issued three separate recalls for hazardous, Chinese-made Mattel toys.   The recalls involved toys with lead paint, and others that contained dangerous magnets that could cause intestinal injuries if swallowed by a child.  The recalls were the most dramatic examples of problematic Chinese imports.  This year, faulty tires, toxic toothpaste, poisonous pet foods and other products made in China have been recalled in the US and other countries.   The recall scandals have been a huge embarrassment for China, as its fast-growing economy is dependent on its exports.

Some analysts speculate that Mattel’s very public Chinese apology was an effort to head off retribution from the Chinese government for the embarrassment the recalls caused.   Manufacturing toys in China has dropped Mattel’s labor costs significantly and has helped to boost the company’s profits.  Anger over the Mattel recalls could have led the Chinese government to impose punitive taxes or other regulations on Mattel.

Shortly after the recall scandals, some Chinese officials had said that Mattel’s flawed toy designs and lax quality standards were primarily responsible for the toy recalls.  During his apology, Debrowski seemed to agree, saying that a “vast majority of those products that were recalled were the result of design flaws in Mattel’s design, not through a manufacturing flaw in China’s manufacturers.”   

For his part, Chinese official Li seemed to relish Debrowski’s apology.  “I really hope Mattel can learn from these incidents,” Li said, “and improve its quality control measures.”  He also reminded Debrowski that “a large part of your annual profit comes from our factories in China.”

Mattel’s apology could do more than smooth relations between it and China.  Some experts believe it could help rehabilitate China’s sagging manufacturing image.  Earlier this month, researchers in Canada issued a report that found that design problems had been responsible for 76% of all US toy recalls since 1988.  That finding backs up both China’s assertion, and Mattel’s acknowledgment that this summer’s Mattel toy recalls were mostly the fault of the Mattel itself.

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CPSC Too Slow to Act on Toy Recalls, Congress Told http://www.yourlawyer.com/articles/read/13131 Fri, 21 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13131 hazardous toys from reaching American children. That was the message the head of the CPSC brought to Capital Hill yesterday during a hearing on toy safety.  But while many agreed that the CPSC needs more power and money, other information revealed at the hearing indicated that the agency is often too slow to enact toy recalls.

“Our little agency has been ignored by Congress and the public for way to long,” Nord told a House Energy and Commerce Subcommittee yesterday.  She said that the CPSC needed the authority to require US companies to certify that imported toys are safe.  Such a move, Nord told Congress, would go a long way to insure toy safety.   With a staff of only 400, Nord said the CPSC can do little right now to force US toy makers to improve their quality standards.

Yesterdays hearing was the second straight day the House subcommittee spent on toy safety.   The issue got congressional attention after Mattel issued three separate recalls for toys with lead paint and hazardous magnets this summer.   In addition to Mattel, several other toy companies were plagued with recalls of other dangerous Chinese-made toys.   The issue has shined a bright spotlight on the inadequacies of the current import safety and inspection system in the US.

Some toy makers, while agreeing that the CPSC needs to be bolstered, criticized the agency for slowness in announcing product recalls.   During the first day of the hearing, letters written by US companies involved in recent toy recalls revealed an often slow and cumbersome process used by CPSC to coordinated toy recalls.  Spandrel Sales & Marketing of Tempe, Arizona wrote to the subcommittee that it informed the CPSC on March 29 that some of the children’s jewelry it distributed had dangerous levels of lead.  But it wasn’t until May 15, six weeks later, that the CPSC issued a recall.

Apparently, such delays are typical, as several other toy makers and retailers detailed similar experiences with the CPSC.  Mattel wrote that before the CPSC would go public with news of its hazardous toys, the agency required the company to set up a recall hotline and take other elaborate measures before the public was finally warned.  And Dollar General Corp., which issued a recall of lead-tainted key chains earlier this year, revealed that the company had informed the CPSC of even more hazardous key chains on the market on August 24.   As of yet, the CPSC has taken no action in that case.

The hearing ended with promises by members of Congress to support legislation that would increase both funding and authority for the CPSC.   But even if it is granted these additional tools, the CPSC will need to become far more aggressive than it has been in the past if American children are to be protected from dangerous imported toys.

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CPSC Would Get More Power, Funding Under Proposed Legislation http://www.yourlawyer.com/articles/read/13111 Fri, 14 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13111 Consumer Products Safety Commission (CPSC) might finally get some muscle if several US Senators get their way.  Two lawmakers have introduced a bill that if passed would give the CPSC more tools to protect children from dangerous imported products.

The legislation comes amid calls for more restrictions on imports, especially those from China.   Throughout the past year, a seemingly-endless parade of products from that country have been recalled for dangerous defects.  Most alarmingly, a large number of dangerous toys made in China have been recalled due to lead paint and other hazards.  Toy giant Mattel, Inc. has been hit with some of the largest recalls.  On August 1, its Fisher-Price division recalled millions of lead-tainted Dora the Explorer, Spongebob Squarepants and Sesame Street toys.  That recall was quickly followed by two other recalls for more lead painted toys, and for toys that contained dangerous magnets that could cause intestinal injuries in children if swallowed.  

The new legislation, sponsored by Senators Mark Pryor (D-Ark) and Daniel Inouye (D-Hawaii), would provide more funding for a CPSC that has been crippled by budget cuts. Yesterday, during a Senate hearing on import safety, CPSC officials testified that the agency’s budget has declined by 15-percent in the past three years, and that it employs only one full-time toy inspector.  CPSC acting chair Nancy Nord also told senators that the department’s testing facilities in Maryland ware so out-of date that some buildings were “not up to code”.

Legislation introduced by Pryor and Inouye would provide money to the CPSC to renovate its dilapidated facilities and hire 80 new employees.   Federal funding for the CPSC would increase to $80 million in 2009, up from the current level of $62.7 million.  The CPSC would also receive annual automatic 10-percent budget increases through 2015.   And $20 million would be allocated to the CPSC to upgrade its testing labs.

The new law also would ban lead at any level in children’s products and require independent third party testing of all toy imports.  And the bill provides for stiff penalties for companies caught violating safety standards.  Those penalties include up to five years in jail for executives of companies that knowingly violate the law, and $250,000-per-violation fines.   State attorneys general would also be granted power to bring civil suits against violators under the new laws.  

New legislation such as the bill proposed by Pryor and Inouye would be a vast improvement over current safety laws.   Right now, most safety standards are voluntary, and the CPSC must rely on toy manufactures to inform the agency of safety issues.   The largest penalty the CPSC may assess is under $2 million – pocket change to huge conglomerates like Mattel.   The CPSC also has no authority to bring criminal charges against company executives, even if it is proved that they knowingly put unsafe toys on the market.   Under current law, the CPSC is ill-equipped to protect children from dangerous toys, and any law that would provide the agency with more enforcement powers would be a welcome change.

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Toy Recalls Could Mean Higher Prices Next Year http://www.yourlawyer.com/articles/read/13115 Fri, 14 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13115 defective toys.   But while these moves could make toys safer, they will come with a price – literally.

In the last decade or so, consumers have gotten used to rock bottom toy prices.   That’s because retailers like Wal-Mart put pressure on companies like Mattel to provide products at the lowest price possible.  Mattel and other companies have looked to China, where labor and manufacturing costs are a fraction of what they would be in the US, in an effort to keep prices low.  Under such pressure, it isn’t surprising that some Chinese manufacturers would cut corners by using substandard materials like lead paint on toys in order to meet US demands for low prices.

But this summer, the old adage “you get what you pay for” seems to have come true.  Several toy makers, most notably, Mattel, have had to recall dangerous toys from China.   On August 1, Mattel’s Fisher-Price division recalled millions of toys for lead paint.   That recall was quickly followed by two more Mattel recalls for more lead painted toys, and for toys with dangerous magnets.  Earlier this summer, the RC2 Corporation recalled Thomas & Friends trains for lead paint, and everything from Spongebob Squarepants notebooks and children’s jewelry have been recalled for dangerous magnets.

Now, Mattel and other companies are going to be scrutinizing the toys they import from China in an effort to avoid more embarrassing recalls.  Mattel, Hasbro, Toys ‘R’ Us and Wal-Mart have all announced new screening systems that include more inspections and testing.  These efforts will increase labor costs, and Chinese companies won’t be able to save money by using lead paint or cutting other corners.   So the price of toys, most analysts say, will be going up.  They expect the price of a Barbie doll, for instance to spike from $6.99 to $7.70, and are forecasting most toy prices to increase about 10-percent.  

But consumers likely won’t see these higher toy prices in time for holiday shopping.  Mattel and other toy makers know that shoppers are already on edge because of toy safety, and they don’t want to alienate them further by increasing prices just yet.  So for now, toy companies and retailers have indicated they will absorb increased costs themselves.  But after the holidays, toy prices can be expected to climb.

Still, $2 added to the price of a Barbie doll seems like a small price to pay to ensure that a toy is safe.  Analysts say most parents will willingly pay the higher prices if it means that they can be sure the toy they are buying won’t harm their child.

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Mattel Apologizes For Toy Recall, As Senate Considers Giving CPSC More Authority http://www.yourlawyer.com/articles/read/13106 Thu, 13 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13106 Consumer Products Safety Commission (CPSC).

Since August 1, Mattel has issued three separate recalls for a total of 21 million toys because they contained either toxic lead paint or dangerous magnets that could cause intestinal injuries in children if swallowed. Robert Eckert was one of several toy industry executives appearing at the hearing.   “Oh behalf of Mattel, I apologize to each and every parent," Eckert said.  “I can’t change the past, but I can change the way we do things.”  Eckert testified that Mattel has already begun using a revamped toy safety inspection system that includes testing batches of paint at factories before they are used on toys, and inspecting finished toys before they are sent to stores.   Other toy executives also testified that they are increasing safety checks to find defective toys before they make it into the hands of children.   Gerald Storch, CEO of Toys ‘R’ Us, told the Senate committee that in addition to increasing inspections, the company was allowing customers to return recalled items to the store even if they were not purchased at Toys ‘R’ Us.  

All of the toy industry representatives who appeared said that they favored greater funding for the CPSC, which has been crippled by personnel and budget cuts over the past several years.  CPSC commissioner Thomas Moore testified that the agency’s budget has declined by 15-percent in the past three years, and that it employs only one full-time toy inspector.  CPSC acting chair Nancy Nord testified that the department’s testing facility in Maryland was so out-of date that it is “not up to code”.

Congress is considering legislation to improve both funding and enforcement powers for the CPSC.  In addition to upping its budget, some have proposed lifting the cap on fines the CPSC can assess companies for not reporting safety problems in a timely manner.  Current law requires that companies report safety issues to the CPSC within 24 hours learning of them, but the maximum fine for violations is under $2 million.  The CPSC recently opened an investigation into the timeliness of Mattel’s recalls, and the company has a history of delaying reports to the CPSC.

But while conceding that the CPSC needs more money and authority, some senators criticized the agency for not being aggressive enough when it comes to product safety.   They pointed to the problem of lead in children’s jewelry as an area where the CPSC has not done enough to protect children.  Lead-tainted children’s jewelry and trinkets have caused serious lead poisoning in at least 7 children in the past 10 years, and was responsible for the death of a Minneapolis child last year.  The CPSC has been trying for several years to eradicate lead in children’s jewelry, with no success.  But only in the last few weeks has the agency actually proposed putting limits on lead in the jewelry.

“It’s not just a matter of providing more money to the agency, more staff at the agency, more and better laboratory buildings,” said Senator Richard Durbin (D-Ill).   “There has to be an aggressive attitude at the agency about protecting families and consumers.”

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CPSC, China Reach Import Safety Agreement http://www.yourlawyer.com/articles/read/13102 Wed, 12 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13102 Consumer Products Safety Commission (CPSC), touted the agreement as a “beginning, not an end” and said it represented a new opportunity for Chinese and US agencies to cooperate on product safety.

The agreement also contains provisions allowing the CPSC and Chinese regulatory agencies to share product safety, design and recall information.   The new pact is in response to a recent wave of recalls in the US for defective products imported from China.   Starting August 1, Mattel issued three separate recalls in just a 5-week span for Chinese-made toys that contained toxic lead paint or hazardous magnets.  Other recalls have included poisonous pet foods, chemical-laced toothpaste, faulty tires and other dangerous toys.   The recalls have prompted calls for more regulation, if not an outright ban, of Chinese products.   The safety scares have also highlighted the limited power that the CPSC has when it comes to regulating imports.

Under the new import safety agreement, the CPSC will train Chinese safety inspectors.  The CPSC said that such training will bring the Chinese up to speed on US safety regulations.   The agreement also prohibits the use of lead paint on toys meant for export to the US.  Li Changjiang, China’s safety inspection chief, maintained that problems with lead painted toys stemmed in part from differing lead standards.  International standards limits lead in toy coatings to only 90 milligrams per kilogram, while the U.S. standard allows 600 milligrams per kilogram.  However, unlike the international standards, the US specifications apply to all of a toy’s components, not just its coating.  Li said that China will work with the CPSC to develop a unifying lead standard.  Li pledged that the new standards will be in place in time for the US holiday shopping season.

While Nord touted the pact as an opportunity to greatly improve import safety, she also acknowledged that the CPSC only regulates consumer goods, and that food and agricultural imports were not included in the agreement.   Those items, including melamine-tainted wheat gluten, pesticide-laced produce and contaminated seafood, also caused concerns over Chinese imports.   But the Food & Drug Administration (FDA) and the Department of Agriculture oversee those products, and both of those agencies are in separate talks with the Chinese.  The FDA has also started to reorganize and streamline its food inspection systems, and a White House panel has been charged with making recommendations to improve import safety.

Today, the US Senate will hold hearings on the issue of toy safety.  The hearings will focus on the CPSC’s ability to regulate imports, and it is expected to result in calls to increase that agency’s enforcement powers.

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Lead in Toys Would be Banned Under Proposed Legislation http://www.yourlawyer.com/articles/read/13103 Wed, 12 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13103 Consumer Products Safety Commission’s (CPSC) lead standards limit lead in other toy components to .06 parts per million.  But those standards are voluntary, and many critics say that the limit, based on old scientific research, is too high.

Senator Amy Klobuchar (D-Minn) has introduced a bill that would treat lead in any children’s products as a banned hazardous substance.  Klobuchar says that such a move would make virtually any lead illegal.  Klobuchar’s legislation would lower maximum trace levels for the toxic metal to .02 parts-per-million for children’s jewelry and .04 parts-per-million for other toys.   

Lead, which can cause brain damage and other health problems if ingested by children, has been responsible for a wave of toy recalls in recent months.   On August 1, Fisher-Price recalled millions of popular character toys, including Dora the Explorer and Spongebob Squarepants, for high levels of lead.   Within five weeks, Fisher-Price’s parent company, Mattel, Inc. had issued two more recalls for hazardous toys, many of which were made with lead paint.  Children’s jewelry and other toys have also been recalled because of the toxic metal.

Of all toys, children’s jewelry has been especially troublesome.  Lead-tainted children’s jewelry and trinkets have caused serious lead poisoning in at least 7 children in the past 10 years.  Last year, 4-year-old Jarnell Brown of Minneapolis died after swallowing a charm that was 99-percent lead.  The CPSC has been trying to eliminate lead from children’s trinkets and jewelry for several years, but such products keep showing up in stores, endangering countless children. Now, the CPSC wants to limit the amount of lead allowed in children’s jewelry to .06 parts per million – the same standard it sets for other toys. But critics say the proposed CPSC regulations are toothless.  Like most toys the CPSC regulates, testing of jewelry for lead content won’t be mandatory.

Klobuchar also introduced legislation that she said would make recalls easier to implement.   It would require that all toys and toy packages include stamps that would allow parents to more easily identify toys involved in a recall.   The bill would also make it illegal to resell recalled toys.  Recalled toys often turn up in thrift stores, garage sales and online auctions.

Klobuchar said that she hopes her bills become part of a comprehensive package of toy safety legislation.  She is scheduled to give testimony at a Senate hearing on toy safety today. The CEOs of Toys ‘R’ Us and Mattel, along with commissioners from the CPSC, will also  be appearing before the committee.

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Import Safety Group Says US Inspection System Falling Behind, But Offers Few Specifics for Fixing Problems http://www.yourlawyer.com/articles/read/13098 Tue, 11 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13098 defective products into the country.  Those conclusions came from the Interagency Working Group appointed by President Bush to investigate import safety.   The panel also said that inspecting imports at the border was not an effective way to keep unsafe goods from the US market, and recommended a more “risk based” approach for policing such products.

The Interagency Working Group on Import Safety was formed in July after Mattel, Inc. recalled millions of Chinese-made Fisher-Price toys that were manufactured with toxic lead paint.   Within five weeks of that recall, Mattel would issue two others for more lead-painted Chinese toys, as well as toys made with dangerous magnets that also came from that country.   The Mattel recalls had once again highlighted problems with Chinese imports.  This year, toys, tires, toothpaste, pet foods and dozens of other Chinese products were recalled by various US government agencies for dangerous defects.

Health and Human Services Secretary Mike Leavitt, who heads the panel, said that such recalls are warnings that the current US inspection systems are not keeping pace with a flood of imports.   This year, the value of imported goods to the US is expected to reach $2.2 trillion – double what it was in 2000.   But despite such increases, the Food and Drug Administration (FDA) inspects less than 1-percent of imports under its oversight.  And the Consumer Products Safety Commission (CPSC) has only 100 inspectors nationwide to check the safety of all goods – including imports – under its jurisdiction.   It should come as no surprise that, given such numbers, unsafe imports keeping making their way to store shelves.

The Interagency Working Group said in its preliminary report that the US should stop focusing on catching defective imports at border entry ports – a losing proposition given the small numbers of investigators available to do such inspections.  Rather, agencies like the FDA and CPSC should focus on determining what imports are most likely to have defects and focus inspection efforts on those areas.  For instance, imported toys from China have been problematic, indicating a need for stronger inspections of those goods. The report also called on agencies to do a better job of sharing information with one another.

The report did not endorse many of the changes proposed by various members of Congress, such as consolidating food inspections under one agency or making it easier for the CPSC and FDA to order mandatory recalls. And the Interagency Working Group mentioned few concrete proposals on how its proposed changes to the US inspection system should be implemented, and it did not recommend any funding mechanisms for a new system.   But the Panel is expected to release a more detailed report in November, following a public meeting on import safety in October.   Critics of this preliminary report are hoping that the detailed version will provide more specific solutions to the problem of unsafe imports.

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Disney To Start Testing Toys Following Mattel Recalls http://www.yourlawyer.com/articles/read/13093 Mon, 10 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13093 toy recall similar to the three Mattel Inc. issued this past month, has decided to start conducting its own tests of  toys featuring Disney characters.  Two other companies, Sesame Workshop and Nickelodeon, have also said that they will start testing toys based on their trademark characters.   

Disney’s new testing initiative is a big change in the way most licensing companies do business.  Traditionally, a company like Disney would allow Mattel and other manufacturers to sell toys based on popular characters for a fee, known as a royalty.  The manufacturer is usually responsible for quality control, and it is also the manufacture that is liable for injuries caused by a defective toy.  But Disney is extremely protective of its reputation, and obviously fears that its name could be damaged by this year’s endless parade of toy recalls.

Disney said it made the decision to start conducting its own tests of toys featuring Mickey Mouse, Cinderella and other popular characters last week.  The decision came shortly after the Consumer Products Safety Commission announced what was the third recall of lead-tainted Mattel toys in a five week period.  In August, Mattel had issued two other recalls for toys with lead paint and dangerous magnets.   Among the toys recalled for lead paint were die cast cars based on a character from the Disney movie “Cars”.

Saying that it wants toy manufactures to “know that we’re looking over their shoulders”, Disney said the tests will begin within two weeks.   How extensive those tests will be is unclear.   Right now, Disney characters can be found on 65,000 toys made by 2,000 different companies. Disney has indicated that it will test the biggest selling toys most frequently, and that all Disney toys and jewelry sold at stores like Wal-mart and KB Toys will be subject to random testing.  

Two other marketers, Nickelodeon and Sesame Workshop have also said they would be testing toys featuring their characters as well.  Nickelodeon’s Dora the Explorer and Spongebob Squarepants, along with Sesame Workshop’s Elmo and Big Bird were featured on toys recalled by Mattel’s Fisher-Price division on August 1.  Even retailer Toy ‘R’ Us no longer trusts toy manufacturers, and has announced that it will be doing random tests of all products sold in its stores.

Toy safety has received a great deal of attention this year.  In addition to Mattel’s three recalls, the RC2 company recalled more than 1 million Thomas and Friends toy trains for a lead hazard in June.  Children’s jewelry and character notebooks have also been recalled for the same reason.  Exposure to lead can cause brain damage and other problems in young children, and the US all but banned the toxin from toys nearly 30 years ago.  But more and more toy manufacturers have moved their operations to China, where most of the recalled toys originated.   These factories are not subject to the same levels of inspection US operations would have to undergo.  Because of this, millions of lead-tainted toys have made their way into the US, exposing an unknown number of children to this dangerous poison.  

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CPSC Readies New Lead Regulations for Children's Jewelry, But Will They Be Enough? http://www.yourlawyer.com/articles/read/13090 Fri, 07 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13090 lead poisoning in at least 7 children in the past 10 years.  Last year, 4-year-old Jarnell Brown of Minneapolis died after swallowing a charm that was 99-percent lead.  Lead is especially prevalent in children’s jewelry and trinkets – items many small children are apt to put in their mouths.  Now, the Consumer Product Safety Commission (CPSC) has decided to try to put an end to this problem, and for the first time, the agency has proposed regulating lead in children’s jewelry.

Regulating lead in children’s jewelry is an idea whose time came long ago.  Despite the fact that lead in children’s jewelry started to become worrisome in the 1990s, the CPSC did not take any sort of action until 2003.  Then, the CPSC went from referring to the lead hazard posed by children’s jewelry as “exposure” to “poisoning.”   At that time, the CPSC also changed its stance that lead in jewelry was allowed as long as it wasn’t “accessible” – meaning that it was ok if it was coated by paint or another substance.  Now, the CPSC wants to limit the amount of lead allowed in children’s jewelry to 600 parts per million – the same limits that are placed on paint and other toys. But critics say the proposed CPSC regulates are toothless.  Like most toys the CPSC regulations, testing of jewelry for lead content won’t be mandatory.  And because the law leaves testing to manufacturers, there’s no way to know if they are being truthful.  And many experts say that the level of 600 parts per million is still too much and is based on outdated research, leading to calls to completely revise all of the CPSC’s lead limits.

The use of lead of lead paint in toys has had the public’s attention for much of the summer due to several high-profile toy recalls.  This week, toy-giant Mattel issued its third recall of lead-painted toys in a little over a month.  And lead paint has been behind recalls of Thomas the Tank Engine toy trains, Spongebob Squarepants notebooks, Toys ‘R’ Us coloring cases and other toys this year.  Most of the lead-tainted toys have been imported from China, and several members of Congress have called for testing of all toy imports.  Others want all children’s toys, regardless of origin, subject to mandatory testing.

But critics of the CPSC say that none of these measures will help if the agency doesn’t get more funding and authority.  The CPSC has fewer than 100 inspectors nationwide to monitor store shelves for defective items.  And though the CPSC can impose fines on companies who willfully unleash defective products on American consumers, those fines are capped at under $2 million – pocket change for corporations that rack up millions of dollars in sales each day.

While there is disagreement over solutions to the problem of lead in children’s toys, everyone agrees that lead in jewelry and other toys is a serious threat to children.  About 20,000 children were treated in emergency rooms for swallowing jewelry between 2000 and 2005.   And almost 300,000 US children under 6 have lead levels higher than 10, putting them at risk for brain damage, learning disabilities and other problems.   This is unacceptable, especially because lead has been banned from children’s toys for nearly 30 years.  What impact this lead exposure will have on children is not entirely clear - because lead can linger in the body for years, it could be some times before the consequence of this tragedy are completely apparent.

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Could Toy Recalls Become the Grinch That Steals Christmas? http://www.yourlawyer.com/articles/read/13086 Thu, 06 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13086 Consumer Products Safety Commission is currently conducting several investigations into defective toys, and it’s a good bet that at least some of these probes will result in further recalls of dangerous toys.  That’s not good news for parents gearing up to play Santa Claus, who will no doubt be worried that the toys under the tree this year could seriously hurt their children.

This year it has seemed as though toy recalls have occurred at an almost weekly rate.  Mattel – perhaps the most trusted toy maker in the business – has issued three separate recalls since August 1.   The latest involved 11 different toys – including Barbie accessories – that had high levels of lead.   Back on August 15, Mattel recalled nearly 10 million dangerous toys, some for lead and others because they contained magnets that could come loose and cause intestinal injuries if children swallowed them.   August started with Mattel’s Fisher-Price Division recalling over a 1 million Dora the Explorer, Sesame Street and other preschool toys for lead paint.

Of course, Mattel hasn’t been the only manufacturer to issue toy recalls this year.  Last week, Toys ‘R’ Us recalled coloring kits because of hazardous amounts of lead.  Last month, lead paint also caused the recall of Curious George and Thomas and Friends toys sold by Schylling Associates, Inc.  In June, RC2 had to recall more than 1 million of its Thomas and Friends trains for the same reason.  The mounting number of recalls has a lot of caregivers worried, and more recalls could mean a big hit on holiday sales.

But more toy recalls are not out of the question.   All of the toys recalled this summer were made in China – a country that has developed a questionable manufacturing reputation. Tires, toothpaste, dog food and other children’s toys were just a few of the Chinese products recalled for defects or contamination in the past several months.  Many analysts say the fast-growing and unregulated Chinese economy has created an environment that encourages cheap and shoddy manufacturing.  And they say that US companies contribute to the problem, by demanding that Chinese factories produce goods as cheaply as possible.

The fact that a reputable company like Mattel could still end up distributing dangerous Chinese toys is evidence that the problems in China are deep rooted.  Mattel holds it subcontractors to strict guidelines regarding production, treatment of workers and workplace conditions.  For instance, Mattel’s subcontractors are required to purchase paint from certain certified suppliers.  In the case of the subcontractors that manufactured some of the recalled toys, this rule was not followed.  Mattel said that it is working to find out why.

China has taken steps in the last few weeks to improve its manufacturing image, and it recently implemented its own recall laws.  And companies like Mattel are developing new inspection systems that they hope will keep hazardous toys off the market.  But no one knows if these safety improvements will end the seeming-endless parade of toy recalls in time for holiday shopping.

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Mattel Toy Recall Expanded A Third Time to Include Barbie, Other Toys Made With Toxic Lead Paint http://www.yourlawyer.com/articles/read/13075 Wed, 05 Sep 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13075 toy recall includes three different toys made by Mattel’s Fisher-Price Unit, and eight from its extremely popular Barbie line. This is the third toy recall that Mattel has issued in five weeks.

Mattel said that all of the recalled toys were made at different Chinese factories.  Mattel recently discovered that the factories had used uncertified paint that contained high levels of lead on the toys.  Mattel’s agreements with overseas contractors stipulate that the factories procure paint only from Mattel-certified suppliers.  However, it seems that Mattel’s paint specifications are often ignored by the Chinese contractors.  On August 1, Fisher-Price recalled 1.5 million Chinese-made infant and preschool toys due to a lead paint hazard.  Two weeks later, Mattel issued another massive recall for 19 million toys, 400,000 of which were recalled for unsafe lead levels.  Mattel said that the Chinese factories responsible for those toxic toys had also used uncertified paint.  When Mattel issued the second round of recalls, Chief Executive Robert Eckert had said that the company could not guarantee that the August 15 action would be the last.  Sadly, it seems that this statement was prophetic.

According to the Consumer Product Safety Commission (CPSC), more than 500,000 of the recalled Mattel toys were shipped to stores in the U.S. starting in August 2006.   The recalled toys included 90,000 Geo Trax Special Track Pack and Geo Trax Freightway Transport locomotive toys manufactured between July 31, 2006 and August 20, 2006.   Fisher-Price is also recalling 8,900 Big Big World 6-in-1 Bongo Band toys.  These toys were sold nationwide between July and August 2007.

But by far, the largest component of this week’s Mattel toy recall includes 675,000 Barbie accessory sets.  Barbie is Mattel’s largest and best known brand.  These recalled toys include the Barbie Dream Puppy House Play Set; Barbie Kitty Condo Play Set; Barbie Table and Chairs Kitchen Play Set; Barbie Bathtub and Toilet Play Set; Barbie Futon and Table Living Room Play Set; Barbie Desk and Chair Bedroom Play Set; and Barbie Couch and Table Living Room Play Set.  All of the accessory sets were sold at retail stores between October 2006 and August 2007.  No actual Barbie dolls are included in the recall.

Though the Mattel recalls have garnered the company much notoriety in the past month, Mattel is not the only company that has had problems with Chinese-made toys.  In June, RC2 recalled 1.5 million Thomas & Friends toy train sets because of excessive lead.   And two weeks ago, several companies recalled a total of 340,000 imported Spongebob Squarepants and Curious George toys for the same reason.   China produces 80-percent of the toys made in the US, and most experts do not believe that the toy recalls will end with Mattel’s.   With the holiday shopping season fast approaching, that is not news any parent will find comforting.

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After Mattel Toy Recall, China Attempts to Improve Manufacturing Laws http://www.yourlawyer.com/articles/read/13066 Fri, 31 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13066
The new rules will require Chinese companies that make defective toys and food to cease production and sales until manufacturing issues are resolved. The manufacturers must then notify stores and customers of defective products, and issue replacements or refunds.  The food laws establish three levels of severity and a timeline in which action must be taken against defective items.   The new laws will be enforced by the Chinese Administration of Quality Supervision, Inspection and Quarantine.

Multiple recalls of hazardous Chinese products have caused consumers in the US and elsewhere to lose faith in the “made in China” label.  On August 1, more than 1 million Chinese-made Fisher-Price toys were recalled because they contained lead paint.   Two weeks later, Fisher-Price’s parent company, Mattel, ordered a recall of nearly 10 million more defective Chinese toys.  This time, the toys contained dangerous magnets, as well as lead paint.   Thomas the Tank Engine toy trains, Spongebob Squarepants notebooks and children’s jewelry  are just a few of the Chinese goods meant for children that were found to be dangerous.

Food from China has also been problematic.   In late June, the Food & Drug Administration banned imports of farm-raised seafood from China after finding chemical and antibiotic contamination.   Earlier this year, a pet food ingredient from China that was tainted with the pesticide melamine killed several animals in the US.   

Yet, despite its efforts to improve its own safety standards, some Chinese officials contend that American companies like Mattel shoulder some of the responsibility for the recent product recalls.  In the wake of the Mattel recall, Li Zhuoming, executive vice chairman of the Guangdong Provincial Toy Industry Association, told the state-run Guangzhou Daily newspaper that Chinese factories have very low profit margins, in part because buyers like Mattel want inexpensive products.  When foreign companies demand unrealistically cheap goods, they might get poor quality products from the Chinese factories.  Other Chinese officials said that Mattel’s faulty designs, not shoddy manufacturing, were responsible for some of its recalls.

Though such comments are obvious attempts by Chinese officials to salvage their country’s manufacturing image, these arguments are not without merit.  According to an article in Forbes magazine, if adjusted for inflation, toy prices are actually lower than they were 40 years ago.  In order to keep prices low and profits high, toymakers like Mattel sent much of their manufacturing to China, where labor costs are a fifth of what they would be in US factories.  Whether new laws and other policies by the Chinese government to address this situation will change that environment remains to be seen.

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Mattel Toy Recall Causes CPSC to Face Senate Scrutiny http://www.yourlawyer.com/articles/read/13054 Wed, 29 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13054 Mattel Toy Recall was unsettling news for American consumers, as it became apparent that thousands of children were exposed to the toxic lead paint and dangerous magnets used in the recalled Mattel toys.  The Mattel toy recall has sparked consumers and even the Senate to take a closer look at the Consumer Product Safety Commission (CPSC) and whether or not the resources needed to prevent these dangerous products from hitting the shelves are available to the safety group.   Today, a Senate committee will attempt to answer that question at a hearing to investigate the recent Mattel recall scandals.

The Senate Committee on Homeland Security and Government affairs will be hearing from officials at the CPSC and other consumer advocates about what more should be done to insure that children’s toys and clothing are safe from hazards.  This month, Mattel issued two separate recalls for millions of toys that contained hazardous magnets and lead paint.  But Mattel was far from the only company to issue toy recalls this year.  Last week, children’s jewelry and Spongebob Squarepants notebooks and journals were recalled for a lead paint hazard.  And earlier this year, the RC2 Company recalled millions of Thomas the Tank Engine toy trains for the same reason.  All of the recalled toys were imported from China.

The committee is expected to take a hard look at the CPSC to see if it has enough authority, budget and staff to effectively do its job.  The CPSC is an independent government agency that is charged with overseeing product safety.  But as the number of both imported and domestically-produced goods has exploded, the CPSC has seen both its staff and budget shrink.   In the last two decades, the CPSC staff has dwindled from 900 to 400, and its budget stands at only $62 million annually.  Only 15 CPSC inspectors monitor imports at US ports, where millions of toys enter the country.   What’s more, the CPSC has fewer than 100 inspectors nationwide to monitor store shelves for defective items.  And because it has little enforcement power, the CPSC has to rely on profit-driven corporations to police themselves.  Surprisingly, it is usually manufacturers like Mattel that inform the CPSC of the need for a recall, not the other way around. And though the CPSC can impose fines on companies who willfully unleash defective products on American consumers, those fines are capped at under $2 million – pocket change for corporations that rack up millions of dollars in sales each day.

Senator Susan Collins (R-Maine), the ranking Republican on the committee, said in a statement that the toy recalls suggest that not enough is being done to make sure that items are safe before they reach stores.  “We will examine whether new legislation is needed to protect children from hazardous toys and clothing,” said Collins.  The Senator said that committee could end up recommending tougher laws on standards and testing for these products.  With only the CPSC standing between American children and dangerous toys, many consumer advocates are hoping that the

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Mattel Toy Recall Increases Calls for Greater Scrutiny of Chinese Imports http://www.yourlawyer.com/articles/read/13049 Tue, 28 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13049 Consumer Products Safety Commission (CPSC) to begin a “detain and test” program for all toys imported from China.  All of the toys recalled by Mattel were imported from China, as were many toys involved in other recalls this year.

On August 15, Mattel recalled more than 9 million toys for magnet and lead paint hazards.  The recall applied to Polly Pocket, Barbie, Batman and Doggie Day Care toys that contained small magnets that can cause serious injury to children if swallowed.  When more than one of the powerful magnet is swallowed, they can become attracted to each other through the walls of the intestinal track, causing intestinal perforations, obstructions and other dangerous injuries.  On the same day, the company recalled 253,000 die cast metal toy cars because they were made with lead paint.  It was Mattel’s second such recall in as many weeks.  On August 1, Fisher-Price, a division of Mattel, recalled more than a million toys for a lead paint hazard.   All of the recalled toys were made in China.  

Other toys made in China have also been recalled.  Just last week, children’s jewelry and Spongebob Squarepants notebooks and journals were recalled for a lead paint hazard.  Earlier this year, the RC2 Company recalled millions of Chinese Thomas the Tank Engine toy trains for the same reason

And recalls of Chinese products have not been limited to toys.  Tires, pet food, toothpaste and seafood from that country have all been found to be defective.  In recent months, the Chinese government has passed new laws and cracked down on factories in an effort to improve its manufacturing reputation.   But most experts agree that it could be years before the Chinese are able to implement an effective manufacturing inspection and safety system.

Unwilling to wait for the Chinese to deal with their manufacturing issues, Senators Dick Durbin (D-Ill) and Senator Amy Klobuchar (D-Minn) have urged the CPSC to launch an inspection program against dangerous toys in time for the holiday shopping season.  At a news conference yesterday, Senator Durbin said such a program would help restore the confidence of American parents that toys are safe.  “A family going inside a toy store shouldn’t have to play Chinese roulette to try to guess what toys are safe for their kids,” Durbin insisted.

The recent parade of toy recalls has brought calls for more inspections from several members of congress.  Many have expressed concern that the CPSC does not have the resources to police the toy industry.   In the last two decades, the CPSC staff has dwindled from 900 to 400, and its budget stands at only $62 million annually.   Durbin, who chairs the Appropriations Subcommittee on Financial Services and General Government, said that congress could take legislative action to strengthen the CPSC.  He said congress would soon discuss increasing the Commission’s budget and mandating comprehensive toy inspections.

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China Points Finger At Mattel For Toy Recall http://www.yourlawyer.com/articles/read/13045 Mon, 27 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13045 toy recalls.

On August 1, Mattel recalled millions of toys made in China.    That recall included 9 million magnetic play sets where the small magnets could come loose and cause serious intestinal injuries in children if swallowed.  The same action also recalled 436,000 die-cast toy cars from Mattel’s “Cars” line because paint used on the toys contained excessive amounts of lead.  Earlier this month, Mattel’s Fisher-Price division recalled more than a million toys because they were also made with lead paint.  That recall encompassed more than 80 different toys and toy sets, and included toys based on characters from popular TV shows like Sesame Street, Dora the Explorer and Spongebob Squarepants.

Li Changjiang, director of the Chinese agency, insisted that most of the blame for the toy recall rested with Mattel.  “About 85 percent were directly designed by the American company,” Li said, “and produced according to requirements of the American importer.”  Li alleged that serious design flaws are what made most of the toys dangerous, not the methods that Chinese factories used to make the toys.  Li also said that the number of toys involved in the recall were only a tiny fraction of the estimated 22 billion toys made in China each year.  That, Li insisted, was further proof that Mattel’s designs, and not manufacturing practices, had made the toys dangerous.

Critics of US companies have also said that corporations like Mattel bear some of the blame for recalls of imported goods.  Most companies choose to have products made in China because manufacturing costs are a fifth of what they would be in the US.  According to an article in Forbes magazine, if adjusted for inflation, toy prices are actually lower than they were 40 years ago.  In order to keep profits high, Mattel and others pressure Chinese factories to produce goods as cheaply as possible. It is not surprising that many Chinese producers meet such demands by using substandard components and cutting other corners.   

Li’s comments were the latest Chinese effort to restore confidence in the “Made in China” label.   In the past several months, pet food, tires, toothpaste and even fresh ginger imported from China have been recalled due to dangerous defects.   In other countries, Chinese-made medicine and clothing have also proven defective.  As a result of the bad publicity, China has been working feverishly to rehabilitate its soiled reputation.   This month, the country’s Cabinet took several steps to improve China’s safety regulations.   The government has also closed several manufacturing plants that made shoddy goods, and arrested many individuals for their role in the recall scandals.

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Recalled Toys Sold on eBay Expose More Children to Serious Injury http://www.yourlawyer.com/articles/read/13033 Thu, 23 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13033 dangerous toys and other items end up being resold on eBay or at garage sales and thrift shops.  As a result, toys with dangerous magnets and lead paint, along with other defective items, can end up endangering even more children.

The Injury Journal article highlights a study done by the Center for Industry Research and Policy at Columbus Children’s Hospital.  The researchers chose 141 children’s products that had been recalled between 1992 and 2004 and searched for them on eBay.  The items included bassinets, walkers, furniture and riding toys.  The researchers discovered recalled items for sale in 190 different auctions.  At least one of the items found on eBay, the Evenflo Happy Camper and Happy Cabana portable play yard, had been implicated in the deaths of three children when it was recalled in 1997.  The researchers also found that most of the recalled products received multiple bids, indicating that bidders were not aware of recalls.  And nearly 70 percent of the items were sold, putting many more children at risk for injury.

EBay does have a policy that prohibits recalled items, but the onus for identifying such products is usually placed on buyers and sellers.   The site’s “security and resolution” page has a link to the Consumer Product Safety Commission’s (CPSC) recall website, and both sellers and buyers are encouraged by eBay to check the CPSC site.  EBay also takes down auctions if the CPSC informs the company that an item up for bid has been recalled. And the CPSC says that it has worked with eBay to create filters that reduce the chance of a recalled item being sold on the site.

But despite those precautions, recalled children’s toys are being sold on eBay, and it’s a safe bet that those products show up at garage sales and thrift stores as well.   The authors of the Injury Journal study say that more needs to be done to make people aware of recalls.   With so many children’s products being recalled every year, consumers can barely keep up.  Parents and caregivers should sign up for the CPSC’s email alerts, and manufactures should start putting identifying information, like model numbers, on items themselves.  Currently, that information is usually placed on packaging, which is often thrown away.  The study authors also say that manufacturers should change the names of recalled products after they have been redesigned.   That way, anyone buying a used children’s toy or other item could easily discover if it had been recalled.

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Mattel Toy Recall Result of Poor Oversight and Demand for Cheap Goods, China Says http://www.yourlawyer.com/articles/read/13027 Wed, 22 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13027
Li Zhuoming, executive vice chairman of the Guangdong Provincial Toy Industry Association told the state-run Guangzhou Daily newspaper that Mattel “did not do its job well in quality inspections.”  Li said that while the factories that make dangerous toys are responsible for their part in the fiasco, Mattel also shouldered much of the responsibility.

Li told the newspaper that Chinese factories have very low profit margins, in part because buyers like Mattel want inexpensive products.  When foreign companies demand unrealistically cheap goods, they might get poor quality products from the Chinese factories.  “If you give a high price for purchasing,” Li told the Guangzhou Daily, “the factories will use high quality raw materials.  But if the price is low, they can use only inferior raw materials.”

Last week, Mattel recalled millions of toys made in China.    That recall included 9 million magnetic play sets where the small magnets could come loose and cause serious intestinal injuries in children if swallowed.  The same action also recalled 436,000 die-cast toy cars from its “Cars” line because paint used on the toys contained excessive amounts of lead.  

The August 15 recall was the second in a month for the toy giant.    On August 1, Mattel’s Fisher-Price division recalled more than a million toys because they were also made with lead paint.  That recall encompassed more than 80 different toys and toy sets, and included toys based on characters from popular TV shows like Sesame Street, Dora the Explorer and Spongebob Squarepants.  

And the Mattel recalls were just the most spectacular example of dangerous Chinese products.  This year, everything from dog food to toothpaste to tires made in China have been recalled for dangerous defects.  All of these cases are indicative of deep-rooted problems with Chinese manufacturing.   Often, supply chains in that country are extremely long, making it difficult to trace the origins of components.  In the Fisher-Price recall, it seems that the factory owner was buying lead-tainted paint from his best friend, despite a contract that stipulated that paint only be purchased from Mattel-certified suppliers.

Though Li’s interview was obviously an attempt by Chinese manufacturers to deflect blame for the hazardous toys, much of what he says is true.   According to an article in Forbes magazine, if adjusted for inflation, toy prices are actually lower than they were 40 years ago.  In order to keep prices low and profits high, toymakers like Mattel sent much of their manufacturing to China, where labor costs are a fifth of what they would be in US factories.  According to the Forbes article, this set up has made China the “wild west” of manufacturing, and now companies like Mattel are getting exactly what they paid for.

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Lead in SpongeBob Journals, Children’s Jewelry, Other Toys Spark New Wave of Recalls http://www.yourlawyer.com/articles/read/13030 Wed, 22 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13030 CPSC recalled items because of a lead hazard.  As in the case of all the previous recalls, these items were manufactured in China.  The latest recalls encompass children’s jewelry sets, pails and tops featuring characters from Curious George and Thomas the Tank Engine, and journals picturing scenes from the TV show SpongeBob SquarePants. 

Last week, Mattel, Inc. issued a toy recall that included 436,000 die-cast metal cars that that were manufactured with lead paint.    Earlier this month, Mattel’s Fisher-Price unit recalled over a million Chinese-made toys because of the same lead hazard.  Today’s round of CPSC recalls will only increase suspicion of the “Made in China” label.

The CPSC said 14,000 Toby & Me Jewelry Sets imported by New York-based Toby NYC and 7,900 Children’s Divine Inspiration Charm Bracelets distributed by Buy-Rite Designs of Freehold, New Jersey were being recalled because they could contain high levels of lead.  The Toby & Me recall includes three jewelry sets:  a princess pink and clear crystal bead necklace and bracelet set with a painted metallic crown pendant; a pink and white pearl necklace and bracelet set with a painted metallic poodle pendant; and a pink pearl necklace, earrings and ring set.   All of the sets came in a pink gift box with “Toby & Me” printed on the front.   The jewelry sets were sold at T.J. Maxx, Marshalls, and A.J. Wright stores between August 2006 and May 2007.  

The charm bracelets involved in the Buy-Rite Designs recall have silver-colored angel, cross and heart charms, and clear and pink beads that hang from a silver-colored chain.  These bracelets were sold in dollar and other retail stores nationwide between March 2004 and August 2007.

The CPSC also issued a recall notice for 66,000 spinning tops and 4,700 metal pails sold by Schylling Associates of Rowley, Massachusetts.  Surface paint on the wood handles of the tops and pails contain excessive levels of lead.   The tops were painted with Thomas and Friends, Curious George or a circus scene.  Some of the pails feature Thomas and Friends or Curious George, while others are painted in solid red or yellow.   Only tops and pails with wooden handles are being recalled, and those with plastic handles are considered safe.   The items were sold between July 2001 and July 2002 in gift and specialty shops nationwide. 

Finally, the CPSC is recalling 250,000 SpongeBob SquarePants Address Books and Journals because spiral bindings on the books have high lead levels.  The books were distributed by Martin Designs, Inc. of Ashland, Ohio.   They were sold in retail stores nationwide and have the UPC numbers 80773007505 and 80773002260 printed on their back covers.

Lead is a highly toxic metal.  If ingested by young children, it can cause learning disabilities, behavioral issues and other health problems.  The CPSC is advising caregivers to take the recalled products away from children and contact the companies involved to obtain a refund or a new toy.



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Mattel Faces Lawsuit Over Lead Tainted Toys http://www.yourlawyer.com/articles/read/13023 Tue, 21 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/13023
Last week, Mattel recalled 436,000 die-cast toy cars from its “Cars” line because paint used on the toys contained excessive amounts of lead.  That toy recall was part of a larger action taken by Mattel that included 9 million magnetic play sets.  The play sets were recalled because the small magnets could come loose and cause serious intestinal injuries in children if they were swallowed.

This latest lead paint recall came on the heels of another such action by Mattel’s Fisher-Price division on August 1.   At that time, Fisher-Price recalled more than a million toys because they were also made with lead paint.  That recall encompassed more than 80 different toys and toy sets, and included toys based on characters from popular TV shows like Sesame Street, Dora the Explorer and Spongebob Squarepants.  

Lead is a highly toxic metal that can cause serious health problems.  Under current regulations, children’s products with more than 0.6 percent lead accessible to the user are subject to recall.  Lead exposure is especially dangerous for children because they are still growing, and their brains are developing.   If lead is ingested, it can cause behavioral problems, learning disabilities, seizures and even death. Symptoms of lead poisoning include irritability; loss of appetite; weight loss; sluggishness; abdominal pain; vomiting; constipation and pallor from anemia.  However, there are often no signs that a child has been exposed to lead, and a blood test is often the only way to detect lead exposure.  The large number of lead-painted toys that Mattel recalled could have exposed hundreds of thousands of small children to the toxic metal.  

Mattel is only one of several companies to issue recalls of lead painted toys.  Earlier this year, the RC2 company recalled millions of Thomas the Tanks Engine toys because they were made with lead paint.  Lead paint has also been a problem in children’s jewelry.  Earlier this month, the Consumer Product Safety Commission announced that such lead-tainted jewelry and trinkets were still being found on store shelves, despite a two-year effort by the commission to eradicate the problem.

To date, all of the lead painted toys have been made in China, which produces 80 percent of the toys sold in the US.  Chinese manufacturers face tremendous pressure to produce goods at low cost, causing many to cut corners and employ shoddy manufacturing techniques.  Lead paint is cheap and durable, making it an attractive choice for unscrupulous manufacturers.   China does nothave an effective system for inspecting manufactured goods, making it easy for lead-painted toys to slip into the US.  Recently, China has made an effort to crack down on tainted products, but it could be years before the country has a strong system of inspections.  

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Fisher-Price Recall Factory in China Banned http://www.yourlawyer.com/articles/read/12998 Fri, 10 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/12998 recalled Fisher-Price Toys to export any more products until it improves its quality standards.  The factory was one of two that the Chinese General Administration for Quality Supervision, Inspection and Quarantine banned from exporting goods in a crackdown meant to bolster confidence in the “Made in China” label.  In recent months, a number of Chinese products have been recalled in the U.S. for dangerous defects.

The Lee Der Industrial Co. Ltd was responsible for more than one million toys that Fisher-Price recalled last week.   That recall covered more than 80 varieties of Fisher-Price toys, including some based on popular TV characters like Dora the Explorer and SpongeBob SquarePants. Fisher-Price discovered in early July that the factory had used lead paint on the toys.  Mattel, the parent company of Fisher-Price, maintains that its contract with Lee Der specified that only paints produced by Mattel-certified manufacturers could be used on the toys.   For some reason, the factory failed to comply with this provision. 

China also banned exports from the Hansheng Wood Products factory.  That factory made 1.5 million Thomas the Tank Engine toys for the RC2 Corporation that were recalled earlier this year.  Like the Fisher-Price toys, those items also were contaminated with lead. The agency did not say how long the ban might last, but on its website, it said that it had asked the factories to evaluate and change their business practices.  The Chinese said that the police were investigating both factories for the use of a “fake plastic pigment”. The Chinese administration also warned other manufacturers that their products will be banned for export if they do not meet overseas safety standards.  Last month, the same Chinese agency revoked the business licenses of two other factories that had made a melamine-laced pet food ingredient that was linked to the deaths of several animals in the U.S.

But the Chinese are still not taking all of the blame for the recent recall debacles.  On its website, the administration said that foreign companies that do business with Chinese factories should take more responsibility.  “To prevent loopholes in quality control, overseas brand owners should improve their product design and supervision of product quality,” the administration’s statement read. 

All of these efforts are part of an attempt by the Chinese government to restore confidence in its exports.  In the past month alone, toothpaste, tires, ginger and seafood from China were found to be dangerously defective and recalled.  When the rash of recalls started earlier this year, the Chinese tried to downplay the concerns.   But with exports to the U.S. worth billions to the Chinese economy, the government is starting to take a tougher stance.  The Chinese are also anxious to clean up the country’s image ahead of the 2008 Olympics in Beijing.  The crackdown has included new safety legislation, as well as the arrests of individuals implicated in some of the contamination incidents.

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Fisher-Price Recall Time Frame Under Scrutiny http://www.yourlawyer.com/articles/read/12985 Wed, 08 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/articles/read/12985 Fisher-Price informed the CPSC about the lead paint found on the toys as quickly as it should have.  

According to an Associated Press report, a CPSC spokesperson confirmed that the commission was conducting an investigation into the timing of the Fisher-Price recall.  However, the CPSC is not saying when it was first notified by Fisher-Price regarding the lead problem.  Federal law requires that companies notify the CPSC within 24 hours of discovering a product defect.  

Last week, Fisher-Price, a division of Mattel, said that it was recalling more than 1.5 million toys worldwide because they contained lead paint.  Lead is highly toxic, especially to young children whose brains are still developing.  Ingesting lead can cause behavioral problems, learning disabilities and other illnesses.  The recall included toys based on popular characters from TV shows like Sesame Street, Spongebob SquarePants, and Dora the Explorer. A complete list of the recalled fisher price toys can be found at www.ToyInjuries.com.  Consumers were told that they could return the toys for a voucher good for a replacement toy of equal value, which would be of no help to a child that was already exposed to the lead paint.

When the recall was announced, Mattel the parent company of Fisher-Price had said that a retailer had alerted it to the problem in early July.  On July 6, the company stopped operations and launched an investigation at the Chinese plant where the Fisher-Price toys were made. Retailers were informed of the problem a full week before the recall was made public.  Last week, Fisher Price had said that this was done with the knowledge of the CPSC in order to give stores time to remove the toys from their shelves. Fisher-Price never said when it had informed the CPSC of the toys’ defect.

Mattel usually gets high marks for quality in an industry that is often plagued with defective products.  Mattel holds it subcontractors to strict guidelines regarding production, treatment of workers and workplace conditions.  Despite that track record, this is not be the first time that Fisher-Price attracted scrutiny for the way it handled a toy recall.  Just this past March, the company was fined $975,000 for not informing the CPSC within the proper time frame of a choking hazard posed by one of its Little People toys.  And in 2001, it was fined more than $1 million for a similar incident involving its Power Wheel vehicles.  

Whether the CPSC investigation will lead to another fine for Fisher-Price remains to be seen.  What is clear is that the incident has already taken a big chunk out of Mattel’s bottom line.  Last week, Mattel informed its investors that its second-quarter operating income will fall by more than $30 million.  Prior to the recall, Mattel had said that second-quarter operating income would be around $63.5 million

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Fisher Price Toy Recall Exposure Injury Lawsuits, Behavioral Problems, Learning Disabilities, Seizures, Death | Lead Poisoning, Blood Tests, Lead Paint http://www.yourlawyer.com/topics/overview/fisher_price_toy_recall Wed, 08 Aug 2007 00:00:00 -0400 http://www.yourlawyer.com/topics/overview/fisher_price_toy_recall Fisher Price Recall Exposure Injury Lawsuits

Fisher Price Toy Recall | Lawsuits, Lawyers | Exposure: Injury, Behavioral Problems, Learning Disabilities, Seizures, Death | Lead Poisoning, Blood Tests, Lead Paint

Fisher Price Inc. issued a recall for over 1.5 million toys on August 1, 2007.  The toys involved in the Fisher Price recall, which were made in China, were manufactured with lead paint.  The Fisher Price recall included popular Sesame Street, Dora the Explorer and Deigo toys.  More than 80 different Fisher Price toys manufactured by the East Aurora, NY company were involved in the recall.

Fisher Price was aware of the lead paint contamination in July, but the problem was not made public immediately.  The company said that the recall was “fast-tracked”, and that most of the defective toys were quarantined before they made it into stores.  However, nearly a million lead-tainted Fisher Price toys were shipped to stores, and possibly into the hands of children.  The Consumer Product Safety Commission (CPSC) allowed Fisher Price to withhold details of the recall so that stores would have time to remove the toys from their shelves.  Fisher Price also said that the delay allowed the company to set up a consumer hotline.

Lead Exposure

Lead exposure is especially dangerous for children under 6 because they are still growing, and their brains are developing.  Small children often put toys in their mouths, and sometimes inadvertently eat paint chips.  If lead is ingested, it can cause behavioral problems, learning disabilities, seizures and even death.  The recalled Fisher Price toys contained lead.

The symptoms of lead poisoning often mimic other illnesses.  They include irritability; loss of appetite; weight loss; sluggishness; abdominal pain; vomiting; constipation and pallor from anemia.  There are often no signs that a child has been exposed to lead, and a blood test is the only way to determine if someone is suffering from lead poisoning.  Mild cases of lead poisoning are treated by ending the lead exposure and having the patient submit to follow-up blood tests.  A treatment called Chelation Therapy is used when children test positive for high levels of lead in their blood.

Lead has been virtually banned from the US since the 1980s.  Under current regulations, children’s products with more than 0.6 percent lead accessible to the user are subject to recall.

Fisher Price Recall Details

The CPSC warned consumers to check their homes for any of the toys involved in the Fisher Price recall.  The recalled toys were purchased at retail outlets between May and August 2007, and cost between $5 and $40.    All of the toys were marked “Fisher-Price” and may have been marked with date codes between 109-7LF and 187-7LF.  The CPSC said that under no circumstances should children be allowed to play with the lead tainted toys.  Fisher Price offered to exchange the defective toys for vouchers good for a replacement toy of equal value.  Consumers who needed to return a product were instructed to call Fisher-Price at 1-800-916-4498.

Lawyers Helping Victims of the Fisher Price Recall

The attorneys at Parker Waichman LLP understand that the toys involved in the Fisher Price recall can cause devastating injuries to children.  Our lawyers have represented hundreds of victims of dangerous toys with dignity and compassion.  If a child you know has been exposed to a recalled Fisher Price toy, they might have important legal rights.

Please fill out the form at the right for a free case review by a qualified attorney or call us at 1-800-LAW-INFO (1-800-529-4636).

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