Toys containing lead paint and other harmful chemicals can still be found on store shelves this holiday season because new lead standards will not be in effective until February 2009. The new standards set forth by the US Consumer Product Safety Commission are not retroactive and companies are allowed to sell potentially toxic toys as long as they were manufactured before the February 10th deadline. Consumer groups are also worried that stores may begin to drastically mark down toys with high lead levels as the deadline approaches. Independent tests proved that almost one third of toys tested contain medium to high levels of lead, cadmium, mercury or other potentially dangerous chemicals. One chemical, phthalate, a hormone like substance added to plastic, can lower testosterone and cause genetic malformations in genitalia of newborn boys. Two consumer groups, Public Citizen and Natural Resources Defense Council, have brought suit against the CPSC because they believe the new standards should apply retroactively to inventory and all infected stores should immediately removed from store shelves. Congress is planning to hold hearings on the CPSC before the end of the 110th Congress.
Mattel Inc. and nine other toy companies have agreed to pay a total of $1.8 million to settle a separate lawsuit over Chinese-made toys tainted with lead. As part of the settlement the companies admit to no wrongdoing and have put in place new standards but will not take place until the February 2009 deadline. Companies are also forced to pay almost one and a half million dollars in civil penalties, reimbursements to government agencies and to set up a new fund to test for dangerous chemicals.
In the fiscal year 2008 the CPSC recalls have increased almost 20% with the bulk of recalls coming from products made in China. Furthermore two thirds of the 43 million products recalled were children's toys, nursery items and clothing.
