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Disney, Toys 'R' Us To Do Their Own Toy Tests

Babes in Toyland no longer, big brands to test for safety hazards

By Truman Lewis and Joseph S. Enoch
ConsumerAffairs.com

September 10, 2007

• Soon-To-Be-Banned Plastic Toys Flooding the Market • Safety Agency Warns of Safety Hazards in Cribs • 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

Alarmed by the massive recalls of toys containing lead paint, the Walt Disney Company says it will start conducting its own testing of toys featuring Disney characters. Toys 'R' Us says it has hired a corps of engineers who will test toys on its shelves.

Disney said it would inform Mattel today that it will be "looking over their shoulders," Andy Mooney, Disney's consumer products chairman told the New York Times.

Toys 'R' Us, the nation's largest toy retailer, said it has engineers in the field this week, randomly selecting toys from store shelves around the country.

Mattel spokespeople say the company has stepped up efforts to examine all toys manufactured past and present.

Disney-branded toys are no strangers to the recall lists. This year alone, recalls have included magnetic puzzles, Easter baskets and footed pajamas bearing the Disney name.

For Toys 'R' Us, the problem is even more far-reaching, since its stores sell products carrying its own brand as well as those from nearly every major manufacturer.

Recalls of Toys 'R' Us-branded products this year include its Elite Operations toy set and wooden coloring cases, both containing lead-based paint.

With the holiday shopping season approaching, there is growing concern among retailers, manufacturers and companies like Disney that license their brands and characters for use on toys and children's items.

The problem of lead-based paint had been largely cleared up in the United States but came roaring back as manufacturers outsourced their operations to China and other developing nations. What has largely gone unnoticed is that many of the recalled toys come from Chinese plants operated by major U.S. companies, including Mattel.

Another source of trouble is the small, independent manufacturer who sells directly to U.S. wholesalers and retailers. China has thousands of small family operations who are able to do business with U.S. outlets over the Internet, bypassing many of the safety channels established in earlier decades.

Toys at sea

While last week's recall of 800,000 Mattel toys could result in better oversight by manufacturers, 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.

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..

What to do

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

• Sign up for the CPSC's recall alerts, which are also published on ConsumerAffairs.com's recalls section and included in our free daily and weekly newsletters.

• Check past recalls.

• If any toys in a home have been recalled due to lead, you should consider taking your children to a pediatrician to be checked since lead poisoning symptoms are often not immediately noticeable.

• If a product comes with a recall registration card, fill it out so the manufacturer can contact you directly in the case of a recall.

• For smaller, less expensive toys, reconsider just throwing them away. Instead, get a refund or a replacement to test whether the recall works and also to hold the manufacturer responsible. If you have any problems getting a refund, file a complaint with ConsumerAffairs.com.

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