Calif. Sues Manufacturers of Toys With Lead

California Attorney General Edmund G. Brown Jr. and Los Angeles City Attorney Rockard J. Delgadillo have sued 20 companies for manufacturing or selling toys with “unlawful quantities of lead.”

Commenting on the lawsuit which was filed in Alameda County Superior Court, Attorney General Brown said, “Companies must take every reasonable step to assure that the products they handle are safe for children and their families and fully comply with the laws of California. Despite the lengthening global supply chain, every company that does business in this state must follow the law and protect consumers from lead and other toxic materials.”

“Lead in toys poses a significant threat to the health and well being of our children,” Delgadillo said. “This lawsuit is intended to ensure that these companies eliminate lead and other harmful substances from children’s toys, once and for all.”

The state’s lawsuit alleges that companies knowingly exposed individuals to lead — a chemical known to cause cancer and reproductive harm — and failed to provide any warning about this risk. Under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65, businesses cannot expose individuals to hazardous chemicals without posting a clear warning.

Proposition 65 is enforced through lawsuits brought by the attorney general, district attorneys and city attorneys in cities with a population exceeding 750,000. Lawsuits may also be brought by private parties, but only after the parties notify the attorney general of the alleged violation.

The California Attorney General launched an investigation into toy manufacturers and retailers after the federal Consumer Product Safety Commission began issuing recall notices for toys that exceeded federal lead limits. Beginning with the recall of 1.5 million Thomas the Tank Engine toys in June, 46 toy products have been recalled for excessive levels of lead — totaling approximately 6 million toys this year.

Following the national recall, the AG received notices of impending lawsuits against toy companies from the Center for Environmental Health, Environmental Law Foundation, and As You Sow. Under Prop 65, private parties must notify the AG of the allegations before bringing a lawsuit. He then has the option to take over the lawsuits or allow the complaints to proceed independently.

Although Proposition 65 only requires companies to post hazard warnings, many businesses choose to eliminate the toxic chemicals altogether. Last year, the attorney general prompted more 70 retailers and distributors to meet tougher lead standards for jewelry.

Businesses that violate Proposition 65 are subject to civil penalties of up to $2,500 per day for each violation. In addition, courts may order businesses to stop committing the violation. The recent lawsuit seeks to remedy past violations and prompt manufacturers and retailers to establish processes that prevent toys with lead from being sold in the future.

Companies subject to the lawsuit include: Mattel, Fisher-Price, Michaels Stores, Toys R Us, Wal-Mart, Target, Sears, KB Toys, Costco Wholesale, A&A Global Industries, RC2 Corporation, Eveready Battery Company, Kids II, Kmart, Marvel Entertainment, Toy Investments.

For information about Prop 65 and to view the private party notices, visit: www.ag.ca.gov/prop65/index.php. For more information about the national recall, visit: www.cpsc.gov/cpscpub/prerel/prerel.html.