CPSC fines nine companies $530,000 for lead violations

Nine children’s product manufacturers, importers and sellers have agreed to pay $530,000 in civil penalties for violating the federal lead paint ban, the Consumer Product Safety Commission announced today. The penalties settle allegations that the firms knowingly manufactured, imported or sold toys and other children’s articles with paint or other surface coatings that contained lead levels in violation of federal law.

The nine companies were responsible for 13 recalls of 6 million items in 2007 and 2008 including toys, children’s metal jewelry, children’s pens, metal water bottles, pencil pouches, sunglasses and children’s Halloween pails and baskets. Following is a list of the companies, their fines and the associated recalls.

Cardinal Distributing Co. Inc., of Baltimore, Md., $100,000

• 900,000 children's charm bracelets and 'Sportswear' necklaces

Dollar General Corp., of Goodlettsville, Tenn., $100,000

• 63,000 Frankenstein tumblers
• 380,000 pull-back action toy cars
• 51,000 children's fashion sunglasses

Family Dollar Stores Inc., of Matthews, N.C., $75,000

• 142,000 purple Halloween pails with witch decorations

Hobby Lobby Stores Inc. of Oklahoma City, Okla., $50,000

• 10,000 Halloween-themed baskets
• 13,000 camouflage eggs and spinning egg top toys

First Learning Company Ltd., of Hong Kong, $50,000

• 11,400 soldier bear toys
• 15,000 toy wooden blocks and train sets

Michaels Stores Inc., of Irving, Texas, $45,000

• 310,000 seasonal-themed writing pens

A&A Global Industries Inc., of Cockeysville, Md., $40,000

• 4 million children's 'Groovy Grabber' bracelets

Raymond Geddes & Co, of Baltimore, Md., $40,000

• 84,200 children's pencil pouches

Downeast Concepts Inc., of Yarmouth, Maine, $30,000

• 18,000 painted metal water bottles

Our take:  We are glad to see the CPSC finally flexing its muscle and fining companies that violate the law while putting children at risk.  Although the fines seem paltry, penalties such as these can act as a deterrent to future wrong-doing by flagrant violators.  

CPSC fines OKK Trading $665,000 for child safety infractions

A California company has been fined $665,000 for failing to comply with a 30-year ban on lead paint on toys and violating other federal child safety standards, according to the Consumer Product Safety Commission.

The penalty settlement with OKK Trading of Commerce, CA resolves allegations by the CPSC that the company knowingly imported and sold toys with paints that contained lead levels that exceeded legal limits as well as toys with small parts. The penalty also resolves allegations that the company knowingly imported and sold toys, games, rattles, pacifiers and art materials that violated the Federal Hazardous Substances Act.

Because of the safety infractions, OKK Trading has been required to make six recalls over the past two years— totaling almost 18,000 items—including the following:

• March 2009: 2,900 Baby Necessities pacifiers (choking hazard)
• Dec. 2008: 5,400 toy army figures (lead paint)
• Nov. 2008: 2,100 'Mini-Televisor' toys (lead paint)
• April 2008: 2,000 Interchange Robot toys (lead paint)
• Jan. 2008: 2,000 toy racing cars (lead paint)
• April 2007: 3,500 'Lovely Baby' and 'Happy Baby' dolls (choking hazard)

According to the CPSC, OKK Trading hasn't received any reports of incidents or injuries involving the products covered by the settlement and the company denies the CPSC's allegations that it knowingly violated the law.

Earlier this month, Mattel and its subsidiary, Fisher-Price, agreed to pay a $2.3 million civil penalty—the largest of its kind—for violating the federal lead paint ban.

Recalls risky for tag sale buyers and sellers

A new sense of thrift is on the rise as house prices and bank balances fall. It seems to have prompted people to cash in their unwanted stuff. So it’s no surprise that, anecdotally anyway, there seem to be more garage, tag and stoop sales than ever.

Good for thrifty consumers on both sides of the cash box, you might say. True, but one caution for sellers: The same law that bars manufacturers from peddling a million lead-tainted toys applies to the tag-sale host selling just one. And it’s now illegal to sell any product that has been recalled.

The Consumer Product Safety Commission, which is in charge of enforcing the new safety law, (Consumer Product Safety Improvement Act) is offering buyers and sellers some guidance in the form of an illustrated booklet they can download.

Among the items that you cannot sell:

• Toys and other articles  intended  for  use  by  children, or any  furniture,  with  paint  or  other  surface  coatings  containing  lead  over  specified  amounts. 
• Products primarily intended for children age 12 or younger with lead content over a specific amount.
• Certain toys or child-care articles that contain any one of six prohibited chemicals known as phthalates.

The CPSC won’t be patrolling garage sales; a sense of responsibility should keep consumers from knowingly selling an item that could hurt someone, especially a child. So before you slap price stickers on the stash in your basement, check www.recalls.gov.

And if you’re shopping, we caution you not to buy a used crib, particularly one with drop sides or made before 1999. Also steer clear of car seats, play yards and any kids’ clothing with drawstrings.

Toxins in the news: A glossary

It's hard to consume the news these days without stumbling upon another strange ingredient or contaminant that's been implicated in a host of health risks. Consumer Reports readers know a key reason for this: Too few chemicals are thoroughly tested for safety before being added to consumer products. Once in products, they can get into the body and leach out into the environment. Even if the government does decide to remove a chemical from the marketplace, it isn't easy to get it out of the environment and there isn't a systematic way to ensure that the ingredient used to replace it doesn't pose a risk of its own.

To change that, many organizations are advocating for changes to the Toxic Substances Control Act (TSCA), to give the Environmental Protection Agency greater authority to regulate new and existing chemicals, as well as synthetic biological substances under development.

Until this happens, concerned consumers should make an effort to learn about new hazards as they are discovered and what they can do to minimize risks. To help you get started, here's a glossary of toxins in the news.

Bisphenol A (BPA)
An ingredient of polycarbonate (one of the plastics that may have the number 7 recycling mark or the letters PC on the bottom), BPA has been linked to developmental  and reproductive problems, prompting some states, municipalities and manufacturers to take steps to stop using it for children's products and materials that come in contact with food. 

Phthalates
A group of compounds used as plasticizers and as ingredients in some pliable plastics, some perfumes and personal care products, phthalates mimic the hormone estrogen in ways that are linked to certain birth defects and reproductive problems.  

Perchlorate
This chemical is present in solid and liquid rocket fuel that has been dispersed in the environment in certain areas of the country. Perchlorate can disrupt thyroid functions, inhibiting the gland's ability to absorb iodine. This can potentially interfere with the production of hormones necessary for early development and normal metabolism.

Melamine and cyanuric acid
These nitrogen-rich compounds have been used to artificially (and illegally) boost the apparent protein content of various human and animal food products. The adulteration of pet food and infant formula in China with melamine led to critical illnesses and numerous deaths when the compounds crystallized in the urinary tract, causing severe kidney problems, particularly in infants.

Perfluorinated compounds
These chemicals are used in a variety of non-stick coatings and stain repellents that have been found to accumulate in the human blood supply and the ecosystem and have been linked to reproductive and developmental effects in laboratory animals and recent human epidemiology studies. Contrary to popular belief, our tests suggest non-stick pans aren't a big source if not overheated.

Brominated flame retardents or Polybrominated Diphenyl Ethers (PBDEs)
These common fire retardant chemicals are used in polyurethane foam, electronics, and other materials. PBDFs have been finding their way into the ecosystem and human blood and breast milk, accumulating to levels that can potentially affect thyroid function, fetal and child development, fertility, and liver function.  

Nanoengineered materials
Tiny substances like carbon nanotubes are being engineered at the nanometer scale for dramatic new chemical and physical properties. Some 100,000 times smaller than the width of a human hair, nanomaterials can be more reactive, more toxic, and more accessible to critical organs, such as the brain, than their larger counterparts.

Volatile organic compounds
VOCs are a group of carbon-containing compounds that are released into the air from a variety of sources including automobile and other combustion sources, paints, coatings and adhesives. Some VOCs are potentially carcinogenic; others contribute to ozone and smog formation and are linked to respiratory illnesses and memory impairment.

Toxic metals and minerals
Mercury and lead are probably the most familiar and among the most toxic metals. As are asbestos and arsenic. These inorganic substances (meaning they don't contain carbon atoms) persist in many older homes in the form of insulation (asbestos), old paint and plumbing (lead), pressure treated decks (arsenic) and in the environment through the food chain (mercury in fish). Though many uses of these substances have been banned or phased out, some, such as lead, continue to turn up in cheap imports like kid's jewelry.   Some applications, like mercury in dental amalgams and fluorescent light bulbs, have yet to be completely eliminated.

Recalls remained high in 2008, says Kids in Danger

The year 2007 was dubbed the year of the recall but 2008 could be called the year of the crib recall, according to a new report released today by Kids in Danger. The report, "Toxic Toys and Faulty Cribs," said that children’s product recalls by the Consumer Product Safety Commission remained high in 2008 with 190 recalls accounting for more than 18 million items, including 12 recalls of cribs responsible for five deaths.

The findings agree with "Still Not Safe," a special report issued by Consumers Union last December that provided an analysis of all CPSC recalls from Oct. 1, 2007 to Sept. 30, 2008.

“These products together caused at least 210 injuries and seven deaths,” said Nancy Cowles, executive director of Kids In Danger. “And those incidents include only those already reported at the time of the recall. More needs to be done to protect children from these hazards."

Highlights from the report include:

• Toys were the largest category of recalled children’s products comprising 41 percent.
• Despite the scrutiny on lead in 2007, 36 percent of the recalls were for lead paint hazards.
• There were five recalls of over one million products with over 18 million units recalled in total.
• Two-thirds of the recalled products were made in China, four percent were made in the U.S.
• Evenflo had the most injuries prior to a recall—94 in its Majestic High Chair.
• Twelve cribs, a record number, were recalled, involving eight injuries and five deaths.
• While CPSC requires monthly updates on Corrective Action Plans, research showed that many companies simply don’t file the report or don’t fill in the requested information. For those that do, the numbers show that most recalled products remain in the hands of consumers.

Kids in Danger, along with with Representative Jan Schakowsky (D-Ill.) and Illinois Attorney General Lisa Madigan, is advocating for stronger measures in announcing and carrying out recalls including a public database with product and injury data. “We have learned that it is not enough just to post a recall on a Web site and distribute a press release," said Madigan. "The CPSC and product manufacturers must implement more proactive and aggressive measures to ensure that consumers with dangerous products in their homes become aware of the recall and understand how to respond appropriately.”

Read the full report or the summary.

Businesses rally against CPSIA

We’ve reported many times on the Consumer Product Safety Improvement Act of 2008, a vital new law that helps ensure the safety of children’s products and revitalizes the beleaguered Consumer Product Safety Commission.  The Act was signed into law last August by then-President George W. Bush after receiving overwhelming bipartisan support in Congress. It was created in response to the millions of toys, cribs, and other children’s products recalled for dangerous design flaws or dangerous levels of lead that injured and even killed children.  But this week, more than seven months after the bill’s signing, some members of the business community staged a rally to ask that the CPSIA be amended.

Many who participated in Wednesday’s rally in Washington D.C. were industry lobbyists and representatives of large companies and of trade organizations that protested the effect of the bill on their businesses.  Some who spoke at today’s rally, including Toy Industry Association President Carter Keithley, claimed that there are no health impacts from lead in toys.  Others who spoke suggested that adult clothing was covered by the law, which is not the case. The lead testing restrictions apply only to children’s products.  Further, some of the members of Congress who criticized the CPSIA voted in favor of the bill last summer.

The takeaway:  The implementation of this law, which changes the way companies do business and makes a broad category of children’s products safer, has not been handled well.  Congress expressly provided the CPSC, the agency charged with making the law work, the authority to address legitimate questions about its application.  Unfortunately, the CPSC has been slow, if not downright reluctant, to provide timely exemptions or give clear guidance about the law’s actual requirements.

Folks with legitimate questions about the new law can and should certainly speak their minds, but it’s not okay when industry challenges the effects of lead on children’s health.  It is absurd and flies in the face of good science.  The American Academy of Pediatrics has repeatedly said there is no safe level of lead.  That lead-tainted products crept their way back into the marketplace—even though lead paint was banned 30 years ago—is a clear indication that former laws and the agency that enforces them weren’t strong enough.  It’s also disappointing that organizations such as TIA and the National Association of Manufacturers (NAM), which formerly embraced the new law, are now calling for widespread changes.

One point of agreement did surface today.  Apparently, NAM agrees with consumer groups that the current leadership at the CPSC is responsible for the problems regarding the failure to issue timely guidelines or appropriate exemptions based on sound science. This is a major problem. Nancy Nord has held the position of Acting Chair since June 2006, after the resignation of Hal Stratton.  The agency desperately needs new, more effective leadership at the helm—someone who will put consumer safety first, while also guiding the industry in its compliance efforts.

Limits on toxic substances to take effect tomorrow

Two key provisions of the Consumer Product Safety Improvement Act intended to limit the amount of lead and phthalates in children’s products on the market will take effect tomorrow.  The new law will limit the total lead content in most children’s products to no more than 600 parts per million in any accessible part.  Previously, this limit applied only to lead in paint and surface coatings. The law will also limit the amount of six phthalates (DEHP, DBP, BBP, DINP, DIDP, and DnOP) to 1,000 ppm.  Among other things, phthalates are used to make vinyl and other plastics used in children’s products soft and flexible. The same six phthalates are banned from children’s products sold in Europe.    

Recently, the CPSC spelled out its enforcement policy for the new lead limits and provided guidance for complying with the phthalates requirements.  Certain natural materials such as wood, cotton, wool and certain metals and alloys will be exempt from enforcement of the lead requirements since they rarely, if ever, contain lead.  Also exempt will be ordinary children’s books printed after 1985 as well as textiles and non-metallic threads and trim used in children’s apparel.  In addition, the CPSC also announced that it would not enforce the overall testing and certification requirements for one more year in order to give the agency and those affected by the requirements time to sort out compliance issues.

Consumer groups, including Consumers Union, strongly support the positive reforms that are established by the new product safety law, especially the new limits on lead and phthalates that can harm children. Not only will our children be better off for it, so will manufacturers and retailers as consumer confidence is restored in the safety of children’s products in the marketplace.

Hallmark's over-heated snowman and other holiday recalls

When we wrote about holiday fire hazards recently this one escaped us: A snowman snow globe that causes nearby materials to burst into flame. Frosty, say it ain't so! Today Hallmark recalled 7,000 17-inch-tall snow globes after getting two reports that the decorative globes had caused items nearby to ignite. According to the recall notice, when exposed to sunlight, the snow globes can act as a magnifying glass and ignite combustibles. Fortunately, no injuries have been reported.

The Consumer Product Safety Commission, which announced the recall, is advising consumers to immediately remove the snow globes from exposure to sunlight. They can be returned to Hallmark for a refund.

The "Jumbo Snow Globe" is in the shape of a snowman with model number 1XAG5093 and UPC code 795902066666. The snow globe measures 11 by 12 by 17 inches. The model number and the UPC code can be found on the back of the hangtag. They were sold at Hallmark Gold Crown stores nationwide from October 2008 through November 2008 for about $100. For additional information, contact Hallmark at (800) 425-5627 between 8 a.m. and 5 p.m. CT Monday through Friday or visit the firm’s Web site at www.hallmark.com.

More holiday hazards
The CPSC also made several other holiday and winter-related recalls today including:

1,500 Gardener’s Supply Co. candle-powered carousels
The candle holder on the base of the carousels is too close to the structure, allowing the candle flame to come in contact and ignite different parts of the carousel, including the fans, trees and deer, posing a fire hazard. There have been three reports of the carousels catching on fire but no injuries.

125,000 Alpine ski bindings
The heel housing of the bindings can crack, causing the binding to release unexpectedly. This can cause the skier to lose control or fall and suffer injuries. Alpine has received four reports of injuries, including a concussion and injuries to the shoulder and knee from falls. (An additional one million bindings were sold outside the U.S.)

2,800 Woodstock Percussion steel drums
Surface paint on the red and black toy drums contain excessive levels of lead.

1,300 Foursquare hooded jackets
The boys and girls jackets have drawstring-through hoods that pose a strangulation hazard to children and violate CPSC guidelines.

Mattel to pay $12 million in fines to states

Settling a 15-month investigation, Mattel agreed to pay $12 million in fines to 39 states for events that resulted in the recall of millions of lead-tainted toys distributed by the company and its Fisher-Price subsidiary in 2007. Mattel, the world's largest toymaker, also agreed to meet more stringent standards for accessible lead for toys manufactured after November 30, 2008.

From August 2, 2007 through October 25, 2007, the Consumer Product Safety Commission recalled about 18 million Mattel and Fisher-Price toys, all manufactured by contractors in China. Soon after the first recall, Martha Coakley, the Massachusetts Attorney General, began a probe of Mattel that was later joined by the other states. “Lead is highly toxic, particularly to young children. Higher exposures to lead, such as the levels found in these toys, can cause grave health problems,” said Coakley in announcing the settlement this week.

The consent judgment requires Mattel to make a payment of $12 million by January 30, 2009, to be divided among the participating states. As the leader of the multi-state group investigation and settlement, Massachusetts will receive $625,000.

As part of the agreement, Mattel agreed to lower the acceptable level of lead in toys shipped to the states to 90 parts per million down from 600 parts per million, which is currently the federal standard. When new regulations go into place next year, however, the federal standard for lead in paint and surface coatings will also fall to 90 parts per million.

We reported on the steady stream of recalls for lead-tainted toys last year (see links below), which shook consumer confidence in the safety of toys on the market. We were left wondering, however, if other companies that issued multiple recalls for lead, such as RC2, would be subject to penalties similar to Mattel's. RC2 was responsible for recalls of toys from the Thomas the Tank Engine series.

We also wonder why the CPSC hasn't flexed its muscle in levying civil penalties against any company that repeatedly violated the agency's lead paint standard.  Without strong enforcement and adequate deterrents, wrongdoers will continue to flout the laws.

More on Mattel recalls

• Fisher-Price recalls character toys due to lead
• Mattel recalls toys for second time in two weeks
• Mattel issues third recall of lead-tainted toys

'Tis the season to avoid folly

It's not often that you see a safety story, especially a positive one, on a gossip blog. But this week, there was Keri Russell, television (Felicity) and film (Waitress) actress, on GossipGirls.com talking about holiday fire safety with representatives from New York's bravest—the FDNY. Russell's appearance was in partnership with the Underwriters Laboratories holiday safety campaign, "Just look for UL," which teaches consumers to look for the UL mark that certifies electric products for fire safety.

"I'm so pleased to be working with UL to help spread the word not just about holiday safety, but safety in general," said Russell, whose son, River, is a toddler.  "As a parent, keeping my son safe and protected is important to me."

Just as folks are beginning to deck their halls and trees, Russell reminded revelers to look for the holographic UL Mark on light strings and electrical decorations. UL certifies lights for indoor or outdoor use. Light strings intended for indoor-only use have green holographic UL Marks, while those intended for both indoor and outdoor use have red holographic UL Marks. Lights without the mark may be counterfeit or pose a fire hazard.

Last year, we wrote about the warning labels on holiday string lights that say they contain lead.  Lead is often used as a thermal stabilizer in the PVC insulation for electrical wire and cable. It helps keep the string lights flexible in a wide range of temperatures. But Consumer Reports tests found that the lead in the wire’s insulation can rub off on your hands. Some labels may also advise washing your hands after handling. We agree that that's a good practice.

We also recommend that you:

• Check last season's lights carefully and discard them if wires are frayed, cracked, or otherwise damaged, or if they have loose connections or broken sockets.
• Keep small bulbs and fuses away from young children as they can pose a serious choking hazard.
• Replace all broken or missing bulbs.
• Don't plug more than three standard-sized sets of lights into a single extension cord; it puts too much of an electrical load on the cord.
• Discard light sets that have been used for more than three seasons.

Lights and ladders
Hauling out the ladder and hanging lights can be a tedious and surprisingly hazardous ritual. Ladder-related injuries account for about 150 deaths and send some 180,000 people to the emergency room each year, many serious enough to require hospitalization. The hazards associated with conventional ladders are as old as the holidays themselves, and our tests show that for the most part, ladder designs have done little over the years to reduce the risks.

Tree trimming
If your household is one of the more than 33 million American homes that feature a natural tree in its festivities, follow the U.S. Fire Administration's suggestion: Keep the tree watered. Last holiday season there were about 200 residential Christmas tree fires, caused primarily by faulty lights and resulting in 10 deaths and more than $10 million in property loss, according to the CPSC. If you keep your tree well watered, chances of a damaging fire are reduced. Dry and neglected trees can cause a real threat as this dramatic video from the USFA shows.

If you're buying an artificial tree, the CPSC says to look for the “Fire Resistant” label. “Although this label does not mean the tree won’t catch fire, it does indicate the tree is more resistant to burning,” says the CPSC. Whether the tree is real or artificial, be sure to place it away from fireplaces, radiators, and candles. And unplug the lights when you go to bed or leave home.

Candle safety
Candles are another cause of house fires—about 14,000 are started each year by misplaced or mishandled candles, causing 170 deaths and $350 million in property loss, says the CPSC. The highest number of candle fires are reported on Christmas, Christmas Eve, New Year's Day and New Year's Eve, according to the National Fire Protection Association. And with the majority of house fires occurring overnight from 11 p.m. to 7 a.m. it is vital to turn off lighting decorations and blow out candles before falling asleep.

To learn more about candle safety, take our quiz.

We may sound like the Grinch in our annual safety cautions, but in fact we love the holidays. We just want to help families be especially alert to the most important ways to ensure a safe, peaceful New Year. And we'd like to pass along this gift from the CPSC: a printable brochure of more holiday safety tips.