Parker Waichman LLP

Selling Recalled Toys Should be a Crime, New York Lawmaker Says

  Selling recalled toys would be a crime in New York if one state lawmaker has his way. The proposed toy recall law comes in response to what has been dubbed the “year of the recall” by some, as millions of dangerous toys have been removed from the market. Yet despite widely published toy recalls, many […]

selling recalled toys

 

Selling recalled toys would be a crime in New York if one state lawmaker has his way. The proposed toy recall law comes in response to what has been dubbed the “year of the recall” by some, as millions of 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.

Many States Consider Enacting Their Own Laws

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.

Need Legal Help Regarding Recalled Toys?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I was recommended to Parker Waichman by Mary Sotomayor and I am very happy with the service. They are all very professional, helpful and knowledgeable . They are also very quick to respond to any of my questions or concerns.
Mary A
5 years ago
5 Star Reviews 150
I would like to extend my gratitude to both Julie Trinidad and Marianne Gallizzi. They are part of a great team in Parker Waichman. I appreciate the time and effort you took to answer all of my questions.
Karyna Minchala
5 years ago
5 Star Reviews 150
My experience with Parker and Waichman firm was exceptional. Christina Morace answered all my questions and my concerns regarding my case. She was very supportive, compassionate and extremely professional. I recommend this firm to anyone who has suffered an injury or critical illness seeking legal assistance. Thank You, Melissa
Iris
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038