NEW YORK, New York, December 5, 2008 (ENS) – Two nonprofit public interest groups filed a lawsuit Thursday to enforce a congressional ban on toxic toys that takes effect next February.

The Natural Resources Defemse Council and Public Citizen filed the suit against the Consumer Product Safety Commission in federal court in New York seeking to overturn a legal decision by the commission that allows retailers to stockpile and continue selling the banned products as long as they were manufactured before the ban date of February 10, 2009.

The lawsuit is intended to protect children from harmful exposure to plastics softeners called phthalates in toys and prevent consumer confusion about whether toys on store shelves contain phthalates or not, say the plaintiff groups.

“The Consumer Product Safety Commission is ignoring the will of Congress and threatening our children’s health,” said Dr. Sarah Janssen, an NRDC scientist.

“Overwhelming evidence led Congress to ban these toys, a ban that some retailers have already started to adopt,” she said. “The CPSC decision completely undermines those efforts by allowing banned toys to sit on the same shelves as the safe ones.”

In response to concern about risks to children from phthalates and lead in children’s products, Congress, by an overwhelming majority, passed the Consumer Product Safety Improvement Act. The Senate voted 89-3 for the ban, and the final House vote was 424-1. The bill was signed into law by President George W. Bush on August 14, 2008.

In a letter dated November 13, 2008, the law firm Arent Fox, on behalf of clients identified only as “several wholesale and retail entities,” asked the Consumer Product Safety Commission to only apply the U.S. ban to the production – and not sale – of toys with phthalates and lead.

In a legal opinion published on November 17, 2008, the CPSC General Counsel Cheryl Falvey denied the law firm’s request for a delay of the ban on toys containing lead but agreed that toys containing phthalates could continue to be sold after the ban date of February 10, 2009 if they were manufactured before that date.

Arent Fox argued that its clients would suffer millions of dollars worth of economic hardship, especially in these difficult economic times, if they could not sell the toys containing lead and phthalates that have already been manufactured.

In her reply, Falvey noted that the Consumer Product Safety Improvement Act identified lead as a “banned hazardous substance” under the Federal Hazardous Substances Act.

But the CPSC lawyer said the new law treats phthalates differently, as “consumer product safety standard” rather than as a hazardous substance.

As a result, manufacturers can stockpile toys and child care products with the banned phthalates right up to the date of the ban, and then sell them to consumers long after the ban was supposed to go into effect.

Soft plastic toys can contain phthlates.
(Photo by Cecilia Case)

“Parents want to know that the toys they’re purchasing are safe – it’s not too much to ask,” Janssen said. “We can’t allow CPSC to continue this confusion at the checkout aisle.”

Phthalates are chemicals used to soften plastics in many common consumer products, including children’s toys. The chemicals can leach out of the toys when they are sucked or chewed. These chemicals are known to interfere with production of the hormone testosterone, and have been associated with reproductive abnormalities.

Numerous animal studies have linked even prenatal exposure to certain phthalates with decreases in testosterone, malformations of the genitalia, and reduced sperm production.

“Selling millions of toxic toys to kids is not the way to dispose of them, as the law clearly states,” said David Arkush, director of Public Citizen’s Congress Watch division, which, along with NRDC, lobbied Congress for stronger product safety rules.

“It’s not only immoral – it’s illegal,” Arkush said. “It is horrifying that the federal agency charged with protecting consumers is telling the industry it can dump chemical waste on toy-store shelves.”

Falvey states in her reply to Arent Fox that, “The views expressed in this letter are those of the General Counsel and have not been reviewed or approved by the Commission. They are based on the best available information at the time they were written. They may be superceded at any time by the Commission or by operation of law.”

The law passed in the United States bans the same six phthalates that have been banned in European toys for nearly 10 years. Other countries, including Argentina, Japan, Israel and Mexico have also banned phthalates from children’s toys.

Several major retailers have previously announced that they would remove phthalate-containing toys from their stores by the end of this year.

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ANN ARBOR, Michigan, December 3, 2008 (ENS) – One in every three of the more than 1,500 children’s toys tested in time for the holiday shopping season have been found to contain “medium” or “high” levels of chemicals of concern such as lead, mercury, cadmium and arsenic.

Researchers with the Michigan-based nonprofit Ecology Center tested for chemicals that have been associated with reproductive problems, developmental and learning disabilities, hormone problems and cancer; and for those identified by regulatory agencies as problematic.

The play mat in this set tested high for
bromine and antimony. (Photos courtesy
Ecology Center)

The testing was conducted with a screening technology – the portable X-Ray Fluorescence analyzer – that identifies the elemental composition of materials on or near the surface of products.

The Ecology Center and partners across the country today released their second annual consumer guide to toxic chemicals in toys, which can be found online at www.HealthyToys.org.

Environmental health groups are holding toy testing events nationwide and urging manufacturers and the federal government to phase out the most harmful chemicals at once.

“There is simply no place for toxic chemicals in children’s toys,” said Ecology Center’s Jeff Gearhart, who led the research.

“Our hope is that by empowering consumers with this information, manufacturers and lawmakers will feel the pressure to start phasing out the most harmful substances immediately, and to change the nation’s laws to protect children from highly toxic chemicals,” he said.

Lead was detected in 20 percent of the toys tested this year. Lead levels in 54 products were well above the 600 parts per million federal recall standard used for lead paint, and will exceed the U.S. legal limit in February, according to the new Consumer Product Safety Commission regulations.

If the new regulations were in effect today, some of the toys on the shelf this holiday season would be illegal to sell. When children are exposed to lead, the developmental and nervous system consequences are irreversible.

Levels of lead in many of the toys tested were above the American Academy of Pediatrics recommended ceiling of 40 ppm of lead in children’s products.

Children’s jewelry remains the most contaminated product category, maintaining its spot at the top of HealthyToys.org’s “worst” list for a second year.

Overall, jewelry is twice as likely to contain detectable levels of lead as other products, the researchers found.

Numerous Hannah Montana brand jewelry items tested high for lead. HealthyToys.org recommends that consumers avoid low cost children’s jewelry.

Lead, bromine and chlorine were found
in this piece of low-cost jewelry.

The website allows searches by product name, brand, or toy type to see if certain toys have toxic chemicals. The newly-redesigned site also lets visitors create a personalized holiday wish list that can be sent to family and friends, and a blog-friendly widget to quickly search the toy ratings.

With millions of toys on the market, HealthyToys.org could not test them all, but visitors to the website can nominate other products to be tested. The most commonly requested items will be tested each week leading up to the holidays.

Through its testing, HealthyToys.org found toys made in China are not the only ones that contain toxic chemicals. Tests show that 21 percent of toys from China and 16 percent of those from all other countries had detectable levels of lead in 2008.

About one-third of the 17 toys tested that were manufactured in the United States showed detectable levels of lead. Two toys had levels above 600 ppm. Among the highest lead levels detected was in a Halloween Pumpkin Pin made in the USA, which showed 190,943 ppm of lead.

Lead is not the only toxic found in the toys. Researchers also found toys containing cadmium, mercury, arsenic, and bromine. Forty-five products tested showed bromine at concentrations of 1,000 ppm or higher, indicating the use of brominated flame retardants – chemicals that may pose hazards to children’s health.

Arsenic was detected at levels greater than 100 ppm in 22 products, while 289 products contained detectable levels of arsenic.

Cadmium, a heavy metal, was found above 100 ppm in 30 products, while 38 of products contained detectable levels of cadmium.

Mercury was found above 100 ppm in 14 products, while 62 of products contained detectable levels of mercury.

HealthyToys.org identified products made with polyvinyl chloride, PVC, plastic by measuring their chlorine content.

“PVC is a problematic plastic because it creates major environmental health hazards in its manufacture and disposal and may contain additives, including phthalates, that may pose hazards,” the Ecology Center said. Twenty-seven percent of the toys tested this year by HealthyToys.org, excluding jewelry, were made with PVC.

“The good news is that 62 percent (954) of the products tested contain low levels of chemicals of concern, and 21 percent (324) of all products contain no chemicals of concern. These products look and feel no different than other children’s products on the shelf,” said the Ecology Center. “These findings show that manufacturers can and should make toys free of unnecessary toxic chemicals.”

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WASHINGTON, DC, August 14, 2008 (ENS) – Praise poured in from all quarters today as President George W. Bush signed into law a bill that bans lead paint and phthalates in products intended for children under the age of 12 – the strictest such law in the world.

The record-setting 448 product recalls last year – about half of them for children’s products – drove the bill through the legislative process. The Consumer Product Safety Improvement Act of 2008 passed both houses of Congress late last month with overwhelming majorities.

The legislation reauthorizes the Consumer Product Safety Commission for FYs 2010-2014 and expands the commission’s role in ensuring the safety of consumer products, especially those designed for children.

House Speaker Nancy Pelosi, a California Democrat, said today that the new law would give parents peace of mind. “This landmark law will strengthen our ability to prevent unsafe toys from being sold, remove from the shelves more quickly products that are found to be harmful, and increase fines and penalties for violating product safety laws,” Pelosi said.

Senator Mark Pryor, an Arkansas Democrat who authored the legislation said it would “keep toxic toys and other dangerous products out of our homes.”

“This new law hands back the reins to the CPSC, our consumer watchdog agency, by giving it the necessary authority and resources to patrol today’s global marketplace,” Pryor said.

This set of blocks was recalled in
January because surface paint
contains excessive levels of lead.
The toy was manufactured by
First Learning Co. Ltd of Hong
Kong. (Photo courtesy CPSC)

“We also require more responsibility from manufacturers and retailers, and stiffen the penalties if they fail to meet higher safety standards. From the factory floor to the store shelves, there are dozens more new safeguards that we’ve built in place to prevent unnecessary injuries and fatalities,” Pryor said.

Congressman Bobby Rush of Illinois sponsored the bill in the House. “Congress is united in its effort to make children’s products safer by establishing a tough new ban on toxic toys and revitalizing the Consumer Product Safety Commission,” said Rush on August 1. “We have taken a big step towards reestablishing consumer safety and consumer confidence.”

The new law bans six different kinds of phthalates – chemicals that make plastics more flexible. These chemicals have been linked with reproductive damage. Phthalates can be found in dozens of baby and child products, including bath toys and baby lotions.

The law raises the level of funding for the commission to $136 million in FY2014 and increases the commission’s fulltime staff.

The measure enhances the commission’s recall authority, makes its rulemaking process more efficient, and requires manufacturers of children’s products to place tracking information on all of their products.

It requires the commission to create a publicly accessible database to inform people about harms related to the use of consumer products that are reported by consumers, government agencies, health care professionals, and other nongovernmental sources.

It also authorizes state attorneys general to bring civil actions on behalf of residents to obtain injunctive relief from a violation of a consumer product safety rule.

Under the new law, the commission’s inspector general must create a website to receive CPSC employee reports of waste and fraud.

CPSC Acting Chairman Nancy Nord called the law “a victory for parents and consumers.”

“New regulatory authorities and enforcement tools, many of which I asked of Congress last year, will make it easier for CPSC to find and recall unsafe products made around the world,” said Nord.

“CPSC is ready to implement the law fully, fairly and in a way that bolsters the safety of children’s products and increases consumer confidence,” she said.

Francesca Grifo with the Union of Concerned Scientists had praise for the measure. “A stronger Inspector General and a website for CPSC employees to anonymously report their concerns, along with whistleblower protections for those who report about unsafe products, will contribute to more transparency and accountability at this agency,” she said July 30 when Congress passed the bill.

“Toys will be tested for safety before they’re sold, so our children aren’t treated like guinea pigs,” said Maureen Blackman of the nonprofit Public Citizen, an advocacy group that lobbied for improved consumer product safety.

She said now the public must follow through to ensure the law operates the way Congress intended.

“Now that the Consumer Product Safety Commission has more authority and resources to conduct recalls and test more products, we need to make sure it does its job,” Blackman said. “We will preserve and expand our legislative victory by monitoring the Commission closely and participating in its proceedings.”

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WASHINGTON, DC, March 19, 2008 (ENS) – The U.S. Consumer Product Safety Commission announced today that Reekbok, a manufacturer of athletic shoes and apparel, has agreed to pay the federal government a one million dollar civil penalty.

This fine is the largest ever imposed for a violation of the Federal Hazardous Substances Act. In agreeing to settle the matter, Reebok denies that it violated federal law.

One of the Reebok bracelets containing
a toxic amount of lead.
(Photo courtesy Reebok)

The penalty settles allegations that Reebok International Ltd., of Canton, Massachusetts, imported and distributed charm bracelets that contained toxic levels of lead.

The charm bracelets were provided as free gifts with the purchase of certain styles of Reebok girl’s shoes. In March 2006, a four year-old boy from Minneapolis died of lead poisoning after swallowing a bracelet’s heart-shaped charm.

The Federal Hazardous Substances Act bans toxic levels of accessible lead in toys and other children’s products. The Consumer Product Safety Commission’s enforcement policy urges manufacturers of children’s metal jewelry to keep lead content below 0.06 percent by weight.

Lead poisoning in children is associated with behavioral problems, learning disabilities, hearing problems, and growth retardation. A child who swallows large amounts of lead may develop anemia, kidney damage, colic, muscle weakness, and brain damage, which can be fatal.

“This civil penalty sends a clear message that the CPSC will not allow companies to put children’s safety at risk,” said Nancy Nord, acting chairman of the Consumer Product Safety Commission. “Preventing dangerous metal jewelry from reaching the hands of children is a priority for our agency.”

On March 23, 2006, Reebok began a voluntary recall of approximately 510,000 heart-shaped charm bracelets that were manufactured in China and distributed worldwide beginning in May 2004.

Since the announcement, the recall has been executed in more than 25 countries in North America, South America, Latin America, Europe, Asia, the Middle East and elsewhere, the company says.

The vast majority of the shipments – approximately 485,000 – went to retailers in the United States and Europe. The company continues to ask consumers who may have these bracelets in their homes to discard them immediately.

As part of this massive recall, Reebok says the company has worked cooperatively with regulators and officials in every global market to reach consumers through a variety of means that differ by region, including news releases, media reports, toll-free telephone lines, websites, in-store posters, and paid advertisements.

Reebok has also contacted its retail partners worldwide, as well as most independent sellers, to make sure they are aware of the recall and the appropriate recall procedures.

Efforts have been made to contact consumers who may have obtained these bracelets as part of purchases made on the Reebok website. The company has deployed staff in key markets to ensure that the bracelets are no longer available at retail stores.

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