About
Lead Paint Standards and Federal LawLead paint standards
were set by the Federal Hazardous Substances Act (FHSA), 15 U.S.C. Subsection
1261(f)(1). Under federal guidelines, the US Consumer Product Safety Commission
has "by regulation, banned (1) paint and other similar surface coatings that
contain more than 0.06% lead ("lead-containing paint), (2) toys and other
articles intended for use by children that bear lead-containing paint, and (3)
furniture articles for consumer use that bear lead-containing paint." ( 16
CFR Part 1303). According to the statement of scope and application in 16
CRF Chapter II (1-1-04 Edition) Subsection 1303.1, the 6% lead calculation is
base on the "weight of the total non-volatile content of the paint or the
weight of the dried paint film." The standards apply to products manufacture
after February 27, 1978, as defined in section 3(a)(1) of the Consumer Product
Safety Act (1973), which established the Consumer Product Safety Commission. The
6% (or 600 parts per million) standard was introduced in 1998 under the Clinton
Administration for toys and other products used by infants, which may account
for the reason that Lead recall were not as much of an issue prior to 1999 as
they have been since. At this time, neither the US Product
Safety Commission nor officials in China have explained why there has been a signficant
increase in lead in products in 2007 (27 recalls for lead in 2007, up from 4 in
2006). Indeed, there have been more lead based recalls in October 2007 than in
all of 2005 (which had the highest number of lead based recalls previously). Of
the 229 individual toys recalled thus far in 2007 (different from the number of
recalls since some recalls cover multiple products), 96.5% (221 products) were
manufactured in China and the remaining 3.5% (8 products) were manufactured in
Hong Kong. One possible explanation may well be environmental degradation, i.e.
increased levels of lead in the ground and surface water used to thin paints and
other water-based finishes (see New
York Times article on China's environmental problems). Unfortunately, we may
never know what has caused the sudden increase in products with unacceptable lead
levels. According to the CPSC, " The
mission of United States Consumer Product Safety Commission (CPSC) is to reduce
unreasonable risks of injuries and deaths from consumer products, and to assist
consumers in evaluating the comparative safety of consumer products." According
to the New
York Times (reconfirming congressional testimony by CPSC), the Consumer
Product Safety Commission currently has 420 employees to oversee all product safety
nationally, and: "At
the agency's cramped laboratory, a lone employee is charged with testing suspected
defective toys from across the nation. At the nearby headquarters, safety initiatives
have been stalled or dropped after dozens of jobs were eliminated in budget cutbacks." To
put it in perspective, the Canadian Healthy Environments and Consumer Safety Branch
of Health Canada has 1,200 employees. Given the broad range of products sold in
the U.S., it would be virutally impossible for the CPSC to proactively test all
products before they are introduced on the market. Currently, companies are not
required to test their products for lead or other safety hazards before putting
the products on store shelves. As PIRG (Public Interest Research Group) notes
in their executive summary for Trouble in Toyland: 21st Annual Toy Safety Survey,
"the CPSC does not test all toys, and not all toys on store shelves meet
CPSC standards...examine toys carefully for potential dangers before you make
a purchase."
The
SAFE Consumer Product Act, Summary (Introduced by Rep. Rosa DeLauro, D-CT,
and Rep. Diana DeGette, D-CO, 28 September 2007) Evaluation
of Home Lead Test Kits (CPSC Staff Study, 22 October 2007)
Articles
of InterestCongressional
Testimony on Toy Safety, 2007- Nancy
A. Nord, Acting Chairman, US Consumer Product Safety Commission, 12 September
2007 (Testimony to the Subcommittee on Financial Services and General Government,
United States Senate)
- Sally
Greenberg, Consumer Union, 12 September 2007
- Lori
Wallach, Director, Public Citizen's Global Trade Watch, 20 September 2007
(Hearing on Protecting Children from Lead-Tainted Imports, Subcommittee on Commerce,
Trade and Consumer Protection of the House Energy and Commerce Committee)
- Nancy
A. Cowles, Kids in Danger, June 18, 2007 (Congressional Field Hearing on the
Consumer Product Safety Commission and the Dangers of Magnetic Toys
- Child
Product Safety: Do Current Sandards Provide Enough Protection? (Transcript
of Hearing before the Subcommittee on Commerce, Trade, and Consumer Protection
of the Committee on Energy and Commerce, House of Representatives, 108th Congress,
Second Session, October 7, 2004)
Note: The transcripts
from the most recent hearings are not available at this time. We will add them
as they become available.
Presidential
Candidates Positions on Toy Safety and the Consumer Product Safety Commission:Barack
Obama Obama
Calls on President to Take Immediate Action to Protect Our Children From Lead-
Tainted Toys Press Release. Senate Website. 15 August 2007 Obama
Vows to Protect Kids and Ban Toys with lead Press Release. Presidential Campaign
Website. 23 December 2007 Note: In 2005, Obama introduced the "Lead
Free Toys Act." Presidential
Campaign Press Release. It should be noted that Hillary Clinton was one of
3 co-sponsors of the original bill. The other two were Richard Durban of Illinois
and Barbara Mikulski of Maryland. Campaign Proposals: Double
the funding for the Consumer Product Safety Commission, and make sure it has the
inspectors it needs to ensure that the goods we're buying are safe. Expand
the Consumer Product Safety Commission's regulatory powers, and help the agency
respond quickly and efficiently when it's alerted to a problem. Increase
fines for companies that fail to disclose known safety hazards with the products
they're making. Appoint a chairman with a proven record of standing up for
consumer safety.
Hillary Clinton Hillary
Clinton Calls for Ensuring the Safety of Toys Imported from China as the Holiday
Season Begins Press Release. Presidential Campaign Website. 23 November 2007 Hillary
Clinton Statement on Recent Recall of Toys. Press Release. Presidential Campaign
Website. 5 September 2007 Hillary
Clinton Announces Plan to Ensure Toy Safety for Children. Press Release. Presidential
Campaign Website. 18 August 2007 Campaign Proposals (Product Safety) Implement
a broad import safety agenda, including: Creating a single food safety
agency responsible for overseeing all federal food safety activities. Banning
lead in children’s products. Requiring independent third-party testing
for imported toys. Holding foreign producers of drugs, toys, and food to
American safety requirements, and holding importers liable for the products they
bring into this country. Imposing stiffer civil penalties and pursuing
criminal prosecutions against companies that put our children and citizens at
risk. Increasing the number of inspectors at ports of entry and in foreign
countries to verify that our safety rules are being followed. Mandating
and fully funding Country of Origin Labeling. Appointing a Chair of the
Consumer Product Safety Commission whose first priority is protecting the public
- not industry.
John McCain Editor's
Note: If Mr. McCain has made any statements about product safety or toy safety,
we couldn't find it. The subject was not included on his presidential website,
nor was it on his congressional site. We could find lots of comments on the war,
terrorism, and 2nd Amendment rights, but nothing on what he would do to ensure
product safety. If anyone out there can find Mr. McCain's position, please email
us and we will add it to the page.
Note: Please read the full information on the product. In some
cases, only specific variations of a product are being recalled, rather than the
entire product line.
- Lithium-polymer
battery chargers and lithium-polimer batteries, used with AT600 Falcon Helicopter
kit recalled by Hobby-Lobby International Inc. of Brentwood, TN. Manufactured
by Art-Tech R/C Hobby Co. Ltd. of Shenzhen, China. No. of units: 3,200. Sold at
Hobby-Lobby. 04/06 - 07/07. Country of origin.
- Interchange
Robot Toys recalled by OKK Trading Inc. of Commerce, CADue to Violation of
Lead Paint Standard. 9 April 2008. No. of units: 2,000. Sold at Dollar stores
nationwide. 10/07 - 12/07. Country of origin: China.
Little
Builder Children's Board Book Sets with Toys recalled by Dalmatian Press Due
to Choking Hazard. 8 April, 2008. No. of units: 17,000. Wal-Mart, Levy Home Entertainment,
Lion Sales of NW Brunswick, Farris Wholesale Outlet, Crane Book Sales, Ingram
Book Co., BPDI Corp., Books A Million and Christmas Tree Shop stores nationwide
and on the Internet at Amazon.com and Barnes&Noble.com. 08/07 - 02/08. Country
of origin: China. - Fun
'N Games Magnetic Dart Boards recalled by Henry Gordy Int'l; Ingested magnets
pose Aspiration and Intestinal Hazards. 8 April, 2008. No. of uints: 870,000.
Sold at Family Dollar stores nationwide. 09/02-03/08. Country of origin: China.
- Cuddly
Cousins Plush Insect Toys recalled by Dollar Tree Stores Due to Choking Hazard.
7 April 2008. No. of units: about 300,000. Sold at Dollar Tree, Dollar Bill$,
Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide. 03/07 -
12/07. Country of origin.
- Imaginarium
Multi-Sided Activity Centers and Jungle Activity Centers recalled by Toys
"R" Us recalled due to Choking Hazard. 3 April 2008.No. of Units: 16,400.
Sold at Toys 'R' Us. Made by Taizhou Orient Toys Company Ltd and Shanghai Cosmos
Gift Industry Compay Ltd of Shanghai, China. 08/07- 02/08. Country of Origin:
China.
March, 2008
Plush
Rocker Toys recalled by Tek Nec Toys Due to Fall Hazard. 27 March 2008. No.
of units: 122,000. Sold at Wal-Mart, Toys "R" Us, Kmart, Target, Atwoods,
and Pamida. 9/07-3/08. Country of Origin: China. - Ring
Toss Games recalled by Educational Insights due to Violation of Lead Paint
Standard. 26 March 2008. No.of units: 130. Sold at school supply stores. 12/07-02/08.
Country of Origin: Hong Kong.
- Toy
Penguins recalled by Plan Toys Inc. Due to Laceration Hazard. 25 March 2008.
No. of Units: 3000. Sold at specialty toy stores nationwide. 05/07-02/08. Country
of Origin: Thailand.
- Easter
Egg Containers and Spinning Egg Tops recalled by Hobby
Lobby Stores Due to Violation of Lead Paint Standards. 21 March 2008. No.
of units: 13,000. Sold at Hobby Lobby Stores nationwide. 01/08-03/08. Country
of Origin: China.
- Toy
Puzzle Vehicle Sets recalled due to Violation of Lead Paint Standards, sold
exclusively at QVC. 20 March
2008. No. of units: 198,000. Sold by QVC. 9/02-12/07. Country of origin: China.
- MEGA
Brands Recalls
Magtastik and Magnetix Jr. Pre-School Magnetic Toys; Ingested Magnets Pose
Aspiration and Intestinal Hazards. 17 March 2008. No. of units: 1.1 million. Sold
by Wal-Mart, Target, Toys R Us, K-Mart and other toy stores nationwide. 1/05-12/07.
Country of origin: China.
- MEGA
Brands Recalls MagnaMan
Magnetic Action Figures; Ingested Magnets Pose Aspiration and Intestinal Hazards.
17 March 2008. No. of units: 1.3 million. Sold by: Wal-Mart, Target, Toys R Us,
K-Mart and other toy stores nationwide. 1/05-12/07. Country of origin: China.
- Additional
Magnetic Construction Sets recalled by Battat;
intested magnets pose Aspiration and Intestinal Hazards. 2nd Recall. 13 March
2008. No. of units: 7,000. Sold by various retailers nationwide. 07/05-02/08.
Country of origin: China.
- Play
Wonder Toy Sundae Sets sold at Target recalled by Battat
Inc. Due to Choking Hazard. 13 March 2008. No. of units: 22,000. Sold at Target.
12/06 - 12/07. Country of origin: China.
- X
Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles recalled
by S.U. Wholesale due to violation of Lead Paint Standard. 12 March 2008. No.
of units: 5,000. Sold at Dollar Stores nationwide. 9/06 - 11/07. Country of origin:
China.
FUN
‘N SAFE Magnetic Dart Boards recalled by Family Dollar; ingested magnets pose
Aspiration and Intestinal Hazards. 22 February 2008. No. of units: 250,000. Sold
by Family Dollar of Charlotte, NC. 01/01-01/08. Courntry of origin: China. - Cinderella
12-Volt Electric Ride-On Vehicles recalled by Dumar International USA, of
Franklin, MA Due to Fire and Burn Hazards. 19 February 2008. No. of units 65,000.
Sold by Walmart. 08/05-02/06. Country of origin: China.
- Remote-Controlled
"Fun2Fly Microcopter-Helicopter Toys recalled by Soft Air USA Due to
Fire and Burn Hazards. 12 February 2008. No. of units: 30,000. Sold at sporting
goods stores and other retailers nationwide. 05/07-12/07. Courntry of Origin:
China.
- Transparent
Toy Egg Shakers recalled by West Music due to Choking and Aspiration Hazards.
7 February 2008. No. of units: 5,500. Sold at West Music stores, catalog, and
exhibition booths nationwide3. 10/06-12/07. Courntry of Origin: China.
- Children's
Toy Gardening Rakes recalled by Downeast Concepts due to violation of Lead
Paint Standard. 5 February 2008. No. of units: 400. Home improvement and toy stores
nationwide. Manufacturer: Zhongshan Foods of China. 06/07-11/07. Country of Origin:
China.
- Baby
Einstein Baby Neptune™ Soothing Seascape Crib Toys recalled by Kids II due
to Choking Hazard. 31 January 2008. No. of units: 15,000. Sold at Discount department
stores and on-line retailers nationwide. 11/07-01/08. Country of origin: China.
- Big
Wooden Blocks and Jumbo Wooden Train Sets recalled by Christmas Tree Shops
due to Violation of Lead Paint Standards. 24 January 2008. No. of units: 15,000.
Manufacturer: First Learning Company Ltd., of Hong Kong. Sold at Christmas Tree
Shops located in the Northeast and Mid-Atlantic regions. 10/06-11/07. Country
of origin: China
- Magnabild
Magnetic Building Systems (293 piece and 180 piece) recalled by Battat Inc.
of Plattsburg NY Due to Ingested Magnets Pose Aspiration and Intestinal Hazards.
23 January 2008. No. of units: 125,000. Sold at various retailers nationwide and
online sellers. 2005-2007. Country of Origin: China.
- Toy
Racing Cars recalled by OKK Trading Inc. of Commerce, CA for Violation of
Lead Paint Standard. 23 January 2008. No. of units: 2,000. Sold at retail dollar
and discount stores nationwide. 10/07-11/07. Country of origin: China.
- Cranium
Cadoo Board Games recalled by Cranium Inc. of Seattle, WA Due to Violation
of Lead Paint Standard. 17 January 2008. No. of units: 38,000. Sold at Fred Meyer,
Kmart, Shopko, Wal-Mart and specialty game stores nationwide. 10/07-01/08. Country
of origin: China.
- "My
First Kenmore" Play Stoves recalled by Sears and Kmart Due to Tip-over
Hazard. 17 January 2008. No. of units: 17,000. Sold at Sears and Kmart. 9/07-11/07.
Country of origin: Taiwan.
- Toy
Wrestler Figures recalled by A.A. of America of East Brunswick, NJ Due to
Violation of Lead Paint Standard.. 15 January, 2008. No. of units: 5,400. Sold
at Dollar stroes and discount stores nationwide. 01/07 - 12/07. Country of origin:
China.
- Metal
Toy Wagons recalled by Tricam Industries due to Violation of Lead Paint Standards.
3 January 2008. No. of units: 15,000. Sold at Tractor Supply Co. nationwide. 09/02
- 11/07. Country of origin: China.
|