Mattel and Fisher-Price to pay $2.3 million penalty for violating lead paint ban

Mattel and its subsidiary, Fisher-Price, have agreed to pay a $2.3 million civil penalty—the largest of its kind—for violating the federal lead paint ban. The Consumer Product Safety Commission said the penalty "resolves CPSC staff allegations that Mattel and Fisher-Price knowingly (as defined in the Consumer Product Safety Act) imported and sold children’s toys with paints or other surface coatings that contained lead levels that violated a 30-year-old federal law."

The civil penalty, which is the highest for violations involving importation or distribution of a product regulated by the CPSC and is the third highest of any kind in CPSC history, settles the following allegations:

• Mattel imported up to 900,000 non-compliant toys between September 2006 and August 2007, including the “Sarge” toy car and numerous Barbie accessory toys, and distributed most of them to its retail customers for sale to U.S. consumers. The “Sarge” car was recalled in August 2007 and the Barbie toys were recalled in September 2007.  
• Fisher-Price imported up to 1.1 million non-compliant toys between July 2006 and August 2007, including certain licensed character toys and the Bongo Band, GEO TRAX locomotive, and Go Diego Go Rescue Boat toys. Most of these toys were distributed to retail stores for sale to consumers. The licensed character toys, including Sesame Street favorites and Dora the Explorer, were recalled in August 2007, the Bongo Band and GEO TRAX toys were recalled in September 2007, and the Go Diego Go Boat toys were recalled in October 2007.

The year 2007 became known as the "Year of the Recall" because of the multiple toy recalls. Of the 138 toys recalled that year, 97 were for lead paint violations. In a press conference announcing the penalty, CPSC spokesman Scott Wolfson said that the agency has more active cases involving lead paint violations but that it had no further cases pending against Mattel or Fisher-Price. "This is a settled case," he said.

We are pleased that the CPSC is exercising its authority to find companies that flout their laws. This should put other companies on notice that they need to ensure they are not bringing non-compliant and unsafe toys onto the market.

Build-a-Bear recalls 269,700 toy beach chairs

This time it wasn't Goldilocks who broke the bear's chair. Build-a-Bear has recalled 269,700 folding toy beach chairs after several children had their fingers pinched, bruised or cut in the folding mechanism.

The chairs involved in the recall have a wood frame and canvas seat and some come with an attached pillow. They were sold in blue, red, fuchsia, fuchsia/white stripe and orange/white stripe at Build-A-Bear workshops nationwide and online at www.buildabear.com from March 2001 through October 2008 for about $8 in the U.S. and from March 2003 through October 2008 for about $10 in Canada. 

Consumers should return the chair to any Build-A-Bear workshop for an $8 (U.S.) or $10 (Canada) store coupon. If it is not possible to return the chair to a store, contact the company for alternate instructions on receiving a refund.

For more information, call the Build-A-Bear workshop at (866) 236-5683 Monday through Friday between 8 a.m. and 6 p.m. CT, Saturday 9 a.m. and 4 p.m. CT, or visit the company’s Web site at www.buildabear.com.

Safety on display at Toy Fair 2009

In addition to the action heroes and a Barbie about to turn 50, the economy was on display at the 2009 Toy Fair this week in New York. Not only are vendors showcasing lower-priced toys but one tongue-in-cheek offering is a Bernie "Made Off With My Money" Madoff doll that comes equipped with a golden hammer.

Our interest in toys isn't about the price points or Ponzi scheme revenge but, of course, safety. In an interview televised during the event, Don Mays, our resident safety guru, spoke about toy safety issues. He also talked about the new toy safety requirements concerning lead and phthalates that took effect last week.

Safety was also on the minds of the editors of the New York Times who asked in an editorial, "Can the federal government assure consumers that the toys are safe?" Concluding that it could not do so under the current leadership of the Consumer Product Safety Commission, the newspaper called on the new administration to "quickly replace the commission’s acting chairwoman, Nancy Nord ... [President Obama] should then choose the kind of enlightened leadership that every parent and toy lover needs and that will give consumer safety the priority it deserves."

Standards group updates toy safety requirements

Today ASTM-International published a major update of its toy safety standard ASTM F-963. The improved standard addresses hazards associated with small magnets that can cause serious internal injuries if multiples are ingested; toy noise that can cause hearing loss; yo-yo balls that can cause strangulation; and impaction hazards that can cause choking. As active members on the ASTM’s subcommittee on toy safety, we pushed for many of the improvements in this new safety standard.

Until now, compliance with the ASTM toy safety standard was voluntary. That changed last week—under the Consumer Product Safety Improvement Act any toy brought to market after February 10  must meet the requirements of the former standards. In six months,  the new version of the standards will likewise become mandatory.

We think this marks a milestone in toy safety. Provided there is universal compliance by manufacturers, parents can have renewed confidence in the safety of the toys they buy for their children in the future.

After injuries, Evenflo recalls 213,000 activity centers

After getting reports of injuries and a broken collarbone, Evenflo today recalled 213,000 activity centers because they pose a fall hazard to youngsters. Evenflo has received 11 reports of dislodged end caps which resulted in nine minor injuries, including bumps and bruises in the U.S. Evenflo has also received a report of a dislodged end cap that resulted in a child suffering a broken collarbone in Canada.

The recall involves Evenflo ExerSaucer Triple Fun stationary activity centers made between October 2006 and December 2008. The model number is 6231711. It can be used in three positions and the Stage 3 position involves converting the product into an activity table using an end cap that can accidentally detach. No other ExerSaucer models use end caps and, therefore, no other models are included in this recall.

Made in the U.S., the activity centers were sold at juvenile product and mass merchandise stores nationwide, including Toys ‘R' Us and Burlington Baby Depot, from October 2006 through February 2009 for about $120.

The Consumer Product Safety Commission is telling consumers to immediately stop using the activity table in Stage 3 and contact Evenflo to receive a free replacement end cap. The product may continue to be used in Stages 1 and 2 without changes. Contact Evenflo at (800) 233-5921 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site.

Exploding jars prompt recall of 516,000 aromatherapy kits

Parents who bought their kids aromatherapy kits to make so-called "bath bombs" likely never imagined that the jars of oils would actually explode. But that's what happened at least 88 times with some of the 516,000 Spa Factory Aromatherapy Fountain & Bath Benefits Kits recalled today. The explosions resulted in 13 injuries. The injuries to children aged 6 to 11 years old include three cases of irritated eyes, two eye injuries from flying caps, a cheek welt and a cheek cut. Injuries to adults include four reports of bruising, one swollen joint, and one face gash.

Sold as a toy by JAKKS Pacific, the aromatherapy kits were intended to be used to make "Bath Bombs/Balls and Bath Fizzies." But according to the recall notice issued by the Consumer Product Safety Commission, pressure from the buildup of carbon dioxide in the jars can cause the caps to blow off, posing explosion and projectile hazards. The mixtures also can contain citric acid, which can get into the eyes during an explosion, posing a risk of eye irritation.

Five different kits are being recalled. They were sold at Sam’s Club, Wal-Mart, Target and toy stores nationwide from August 2008 through January 2009 for about $13 for the Bath Benefits Kit and between $30 and $50 for the Aromatherapy Fountain.

Wisely, the CPSC is telling parents to immediately take the toy’s jars and caps away from children and contact JAKKS for free replacement jar caps with vent holes by calling the company's toll-free number between 7:30 a.m. and 4:30 p.m. PT Monday through Friday or by visiting the firm’s Web site at www.myspafactory.com, or emailing the firm at caps@jakks.net.

Toy industry responds to CU’s report on recalls

Last month, Consumers Union published a report called “Still Not Safe”  that analyzed recalls made by the Consumer Product Safety Commission during its 2008 fiscal year. In that time, CU said, the "marketplace was besieged by unsafe toys and other products." Carter Keithley, president of the Toy Industry Association, a trade group that represents more than 500 companies that produce and import toys, took issue with some aspects of our report and in a letter expressed the group's "disappointment," claiming that we treated the toy industry "unfairly."

While we respect the opinions expressed by the TIA, we stand by our reporting and believe it  appropriately characterized the state of CPSC recalls. Our report was not aimed at the toy industry but rather at the gaping holes in this country's safety net that allow so many unsafe products to cross our borders, particularly from China. 

Specifically, the TIA took issue with the following findings in our report:

"Recalls were up 19 percent over last year, reaching 563 total recalls announced by the CPSC and involving at least 43 million items. Two-thirds of all products recalled were children’s products including toys, nursery items and clothing."

Of the 563 recalls cited, TIA stated that only 67 were identified by the CPSC as toys, for a total of 12 percent. That’s compared to 84 toy recalls in 2007—a decline of 20 percent. The number of individual toys involved in the recalls declined from about 29 million in 2007 to about 8 million in 2008—a 73 percent reduction.

"More recalls were issued for lead than any other hazard. There were 121 recalls, involving more than 12.2 million toys, pieces of jewelry and other products intended for children."

TIA stated that toys were unfairly lumped together with other children’s products such as jewelry that may not be sold in toy stores. They cited only 26 toy recalls for excess lead, totaling just under a half million units.

In addition, the TIA heralded the success of its own safety initiatives. “The toy industry’s safety testing initiatives have really worked effectively in 2008,” Keithley wrote. We agree that the industry has done a lot to clean up its act, and there’s more work to be done.

The TIA and other organizations are rolling out toy-safety certification programs designed to ensure that toys are manufactured to meet safety standards and to communicate that certification through a mark that would appear on the toys. This is similar to the UL-listed mark that commonly appears on plug-in electrical products. Although not all the details have been worked out by the TIA, it appears that the program will offer a measure of safety assurance above and beyond what will be required by law. Consumers Union has been working with the TIA to ensure that the consumer viewpoint is represented and that the requirements are robust enough to restore the confidence of toy shoppers. We look forward to the program launching later this year—and to continuing our dialogue with the toy industry.—Don Mays

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

This week in safety

The U.S. Consumer Product Safety Commission (CPSC) announced this week that Nordstrom has agreed to pay a $60,000 civil penalty for failing to report the sale of clothing with drawstrings to the Consumer Product Safety Commission, as required by federal law. As the saying goes, this news was deja vu all over again. In August, as we wrote, nine companies were fined $355,000 in civil penalties for the same failure and in April, eight firms agreed to pay a total of $320,000 in fines for drawstring offenses. (The drawstring clothing sold at Nordstrom was recalled in February and March.)

Here is some other news of the week that bears repeating:

Suit challenges agency over phthalates ruling
The Wall Street Journal
Two consumer advocacy groups filed a lawsuit challenging the Consumer Product Safety Commission's decision to allow makers of children's products containing phthalates to continue selling those goods as long as they were made before a congressional ban takes effect on Feb. 10. Read more ...

Toymakers settle suit by agreeing to limit lead amounts
San Francisco Chronicle
Several major toy manufacturers agreed to limit the amount of lead in children's toys as they settled a lawsuit filed against them by California Attorney General Jerry Brown. The manufacturers, including Mattel and its subsidiary Fisher-Price, Marvel Entertainment, Cranium Inc. and others, agreed to ensure that toys made from Monday forward meet federal lead standards that do not legally take effect until Feb. 10. Read more ...

Grim figures on babies sleeping in parents' bed
Houston Chronicle
At least 170 children have died in the past year in Texas while sleeping with parents or an older child, a number that far surpasses drowning, long thought to be a leading cause of accidental child deaths, according to statistics released by Texas Child Protective Services. Read more ...

Site aims to untangle Web's food safety info
The Washington Post
Is the leftover turkey still okay to eat? A new food safety Web site lets consumers know that cooked poultry can be refrigerated for three to four days before bacteria pose a risk. The site also has an extensive list of local, regional and national food recalls. Read more ...

New products bring side effect: Nanophobia
The New York Times
It sounds like a plot straight out of a science-fiction novel by Michael Crichton. Toiletry companies formulate new cutting-edge creams and lotions that contain tiny components designed to work more effectively. But those minuscule building blocks have an unexpected drawback: the ability to penetrate the skin, swarm through the body and overwhelm organs like the liver. Read more ...

Pennsylvania woman sues Crocs after son injured on escalator
The Baltimore Sun
A Pennsylvania mother yesterday filed a multimillion-dollar federal lawsuit against the makers of the popular Crocs footwear after her 6-year-old son's shoe was caught and trapped in an escalator at the National Aquarium in Baltimore this spring, mangling his right big toe. Read more ...

• More on Crocs and escalators.   

Accidental child poisonings still a major problem
The National Post
Despite safety advances in product packaging, tens of thousands of U.S. preschoolers visit the emergency room each year for accidental poisonings from medications, supplements and household products, researchers reported. Read more ...

Don't miss these recalls

A small recall of 100 sets of children's hats and mittens announced by the CPSC caught our eye this week because the hazard was an unusual one for clothing: magnets. As we've written before small magnets in toys, and now clothing, pose a danger because if two or more magnets are swallowed, their mutual attraction through the walls of the intestines can cause severe blockage resulting in infection, blood poisoning, and even death.

Other recalls

• 5,400 OKK Trading army figures (lead paint)
• 9,200 Groovy Fashions Sassy Jammies doll clothing sets (lead paint)
• 1,000 Reebok-CCM hocky helmets (chinstrap disengages)

 

With recalls at record levels, Consumers Union cautions about buying tainted goods

Just when you thought it was safe to go back to the toy store, a report issued today by Consumers Union, publisher of Consumer Reports, urges holiday shoppers to use caution. The report analyzed recalls made public by the Consumer Product Safety Commission during its 2008 fiscal year. The key findings of the report, called "Still Not Safe," include these:

• Recalls were up 19 percent over last year, reaching 563 total recalls and involving at least 43 million items.
• 97 percent of all products recalled were imported; 81 percent were made in China.
• Two-thirds of all products recalled were children’s products including toys, nursery items and clothing.
• 121 recalls, involving more than 12.2 million toys, pieces of children’s jewelry and other products, were due to high levels of lead. (Including the bookends pictured here.)
• Three dollar-store chains collectively recalled almost 3 million products, accounting for 6.5 percent of the recalls during the 12-month period.

Large toy manufacturers had far fewer recalls this year than last, and some retailers such as Wal-Mart and Toys “R” Us, have already stepped up their testing programs. But the report calls for more vigilant surveillance of the marketplace by all retailers as well as the CPSC. Since the vast majority of recalled products were imported, it’s a clear indication that the CPSC has been ineffective in preventing unsafe goods from crossing our borders and getting into the hands of unsuspecting consumers.

The Consumer Product Safety Improvement Act signed into law in August promises to remedy many of the problems we’ve seen in the past. Most of the provisions of the new law have yet to take effect, however. Until the law is in full force many months from now, consumers need to be cautious when buying low-cost, no-name goods from dollar stores or used products from consignment shops and through Web sites such as eBay and Craigslist. It’s important to make sure that you don’t buy products, either new or used, that have been recalled. Although the CPSIA forbids the sale of recalled products, it’s too early to tell whether the CPSC will be able to enforce that regulation.

You can check recalls and sign up for e-mail notifications at www.recalls.gov.