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More Lead-Contaminated Toys in the Pipeline

Lead paint waits as holiday shopping season approaches

By Joseph S. Enoch
ConsumerAffairs.com

September 6, 2007

• Bush Signs Consumer Safety Bill • Congress Passes Consumer Safety Bill, Bush Promises to Sign It • Consumer Safety Bill Clears Key Hurdle • Consumer Advocates Blame Lobbyists for Delays in New Toy Safety Rules • Congress Inches Towards New Consumer Safety Bill • Congress Reaches Agreement on Parts of Consumer Safety Bill • Consumers Press Congress to Pass Strong Product Safety Bill • Safety Agency Waits 16 Months to Recall Lead-Laden Key Chains • Lawmakers Propose Bill To Prevent 'Stove Tipping' • Senate Passes Tough New Consumer Safety Bill • Infant Deaths in the Nursery Increasing • Sears Stove Tip-Over Case Illustrates Safety Agency's Shortcomings • Next Season's Toys: Technology Meets Hannah Montana • Toys Safer than Ever, Toy Makers Claim • Toy Industry Needs Import Safety Checklist • Toys Getting Safer, Safety Chief Claims • Plastic War Hits The Toy Industry • Feds Propose New Furniture Fire Rule • Safety Recalls a Sign of Success? • Congressional Leaders Send Message to Mattel • Another Industry Lobbyist To Head Safety Agency? • $30 Million Settlement in Thomas & Friends Suit • Consumer Protection Bills Spark Bitter Lobbying Battle • Time Running out for Consumer Safety Agency --- • More Consumer Safety News • Recall Notices

This week's recall of 800,000 Mattel toys could result in better oversight by manufacturers, but one child safety expert warns that more lead-contaminated toys are likely to infest the U.S. market and that the safety agency charged with filtering unsafe toys cannot handle the load.

As a result of two major recalls of lead-tainted toys in August, Mattel spokespeople say the company has stepped up efforts to examine all toys manufactured past and present.

Allen Korn, director of public policy and general counsel for Safe Kids USA, a nonprofit that works to prevent child injury, said he expects other major toy manufacturers to do the same before the Christmas shopping season.

But while these major recalls of Chinese toys appear to have yielded some positives, Korn said many smaller foreign toy manufacturers may not care about hurting their brand image and it's possible they will continue to use the cheaper lead-based products in their toys.

He also warned that the agency charged with filtering dangerous toys is incapable of doing so.

The Consumer Product Safety Commission (CPSC) “is withering on the vine and needs a shot of water and fertilizer,” Korn said.

Among many of the agency's publicized woes, is a shrinking, demoralized staff. Nowhere is this more evident than at the ports where hundreds of millions of truckloads of products that the agency inspects are imported into the U.S.

No-Shows

Although the CPSC would not confirm it, reliable reports indicate the agency only has 15 inspectors for the entire nation. According to The New York Times, at least one of them almost never shows up to work.

“When an agency has jurisdiction over so many products, there needs to be a vigorous inspection network and clearly there isn't,” Korn said.

Korn said the agency is particularly weak because it has a very limited ability to fine companies that withhold information about a recalled product. Mattel has been accused of doing this at least twice.

According to the agency's governing statute, the Consumer Product Safety Act, a company has 24 hours to inform the CPSC if it believes one of its products could be dangerous. If it does not do so in that time frame, the most the agency can fine any company is $1.8 million, which often is far less financial damage than what most recalls would cost in consumer reimbursements, lost inventory and negative press.

“Often, that small fine is negotiated down, too,” Korn said. “It's an economic disincentive to do the right thing.”

The agency's remaining two commissioners have submitted reauthorization proposals to Congress. If Congress adopts the proposals, the agency would have greater authority to impose fines..

Until then, Korn warns that parents should take some precautions:

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