California Sues Toy Companies for Lead

Companies named in the lawsuit include some of the world's largest toy manufacturers, wholesalers and retailers.

The defendant companies are: Mattel, Fisher-Price, Michaels Stores, Toys R Us, Wal-Mart, Target, Sears, KB Toys, Costco Wholesale, A&A Global Industries, RC2 Corporation, Eveready Battery Company, Kids II, Kmart, Marvel Entertainment, and Toy Investments

California Attorney General Edmund G. Brown Jr. and Los Angeles City Attorney Rockard Delgadillo filed the lawsuit Monday in Alameda County Superior Court.

Brown said, "Companies must take every reasonable step to assure that the products they handle are safe for children and their families and fully comply with the laws of California."

In October, Toys R Us recalled Elite Operations Toys because the paint coating contains illegally high levels of lead. The toys were manufactured by Toy World Group Ltd/Chun Tat Toys Factory Limited, of Guangdong, China. (Photo courtesy CPSC)

Lead is a toxic metal that damages the nervous system and other organs. Children are particularly susceptible to the risks of lead exposure. They can ingest the lead in toys when they place the toys in their mouths, handle the toys and then touch their mouths, or transfer the lead from the toys to other items such as food.

"Lead in toys poses a significant threat to the health and well being of our children," said Delgadillo. "This lawsuit is intended to ensure that these companies eliminate lead and other harmful substances from children's toys, once and for all."

The state's lawsuit alleges that companies knowingly exposed individuals to lead - a chemical known to the state of California to cause cancer and reproductive harm - and failed to provide any warning about this risk.

Under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65, businesses cannot expose individuals to hazardous chemicals without posting a clear warning.

Proposition 65 is enforced through lawsuits brought by the attorney general, district attorneys and city attorneys in cities with a population exceeding 750,000. Lawsuits may also be brought by private parties, but only after these parties notify the attorney general of the alleged violation.

Brown launched an investigation into toy manufacturers and retailers after the federal Consumer Product Safety Commission began issuing recall notices for toys that exceeded federal lead limits.

Beginning with the recall of 1.5 million Thomas the Tank Engine toys in June, 46 toy products have been recalled for excessive levels of lead, totaling about six million toys this year.

Following the national recall, the attorney general received notices of impending lawsuits against toy companies from the Center for Environmental Health, Environmental Law Foundation, and As You Sow. Under Proposition 65, private parties must notify the attorney general of the allegations before bringing a lawsuit.

The attorney general then has the option to take over these lawsuits or allow the complaints to proceed independently.

Although Proposition 65 only requires companies to post hazard warnings, many businesses choose to eliminate the toxic chemicals. Last year, the attorney general prompted over 70 retailers and distributors to meet tougher lead standards for jewelry.

Many companies subject to the latest lawsuit have indicated they are committed to taking measures to ensure that lawful standards are met in the future.

Proposition 65 requires the governor to publish a list of chemicals that are known to the state of California to cause cancer, birth defects or other reproductive harm. Lead has been listed since 1987 as a chemical that can cause reproductive harm and birth defects, and has been on the list of chemicals known to cause cancer since 1992.

Businesses that violate Proposition 65 are subject to civil penalties of up to $2,500 per day for each violation. In addition, courts may order businesses to stop committing the violation. Copyright Environment News Service (ENS) 2007. All rights reserved.

Copyright Environment News Service (ENS) 2007. All rights reserved.