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Congressional Leaders Send Message to Mattel

Company challenged to eliminate lead from its toys

By Lisa Wade McCormick
ConsumerAffairs.com

January 31, 2008

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More than 50 members of a Congress have sent a strong message this week to toymaker Mattel: "Stop selling toxic toys."

Their safety concerns, outlined in a letter to Mattel's President and CEO David Eckert, comes on the heels of last year's massive recalls of millions of imported toys that contained high levels of lead.

Lead is a toxin that, if ingested by young children, can cause serious health problems.

"When the major leaders of the toy industry refuse to take a stand for our children's safety, a disgracefully low standard is set for other companies," said Democratic Congressman Elijah Cummings of Maryland, a senior member of the House Committee on Oversight and Government Reform.

"It is simply shocking to the conscience that a company as well-known as Mattel would be lining the toy stores -- and the shelves of our children's -- bedrooms-with toxic toys," Cummings said.

Democratic Representative Rosa L. DeLauro of Connecticut echoed his concerns.

"Parents should be able to trust that the toys their children play with are safe," said DeLauro, a senior member of the House Appropriations Committee. "With the Consumer Product Safety Commission sitting on the back bench, toy companies must step-up and surpass the standards set by law . . . this is about the health and well-being of our children."

Not the first time

This isn't the first time DeLauro and Cummings have contacted Eckert with concerns about the safety of Mattel's toys.

In December, Cummings requested that Mattel recall a toy medical kit -- produced by the company's subsidiary, Fisher Price, -- because it contained a red blood pressure cuff that had lead levels nearly 500% times the federal standard for paint. That standard is 600 parts per million.

Last summer -- when concerns about the number of contaminated toys on store shelves surfaced -- DeLauro contacted Eckert to find out steps his company was taking to prevent tainted toys from entering the marketplace.

Both Congressional leaders said they were dissatisfied with Mattel's response. They followed up their concerns with this week's letter -- signed by 55 of their colleagues – and also plan to meet with Mattel's representatives to further discuss this issue.

"We write you today not only as federal legislators, but as parents, grandparents, aunts, uncles, neighbors, and representatives of the children who find joy in the toys produced by Mattel," the letter states. "We are gravely concerned about the dangers posed to children by the use of lead in your company's products and urge you, as a father yourself, to completely eliminate the use of lead in the toys produced by your company and all of its subsidiaries.

The letter adds: "Specifically, we are disturbed by your lack of action upon the discovery that a red toy blood pressure cuff manufactured by Fisher Price, Mattel's subsidiary, contains high levels of lead; two such cuffs tested at 4500 and 5900 ppm of lead, respectively."

"It was not until Illinois State Attorney General Lisa Madigan notified you that the toys were in violation of Illinois state regulations that you took any action at all to protect our children, and said action was limited to removing the toy from the shelves of Illinois stores. We find this response to be deficient and encourage you to immediately stop selling the red blood pressure cuff in all states. If this product is too dangerous for the children of Illinois, it is too dangerous for children in the rest of this country."

A reminder

The letter also reminded Eckert's of his earlier promise to address this issue.

"In an opinion statement published in the September 11, 2007, issue of the Wall Street Journal responding to criticism over recent recalls of numerous toys due to high levels of lead paint, you wrote: 'It is my sincere pledge that we will face this challenge with integrity and reaffirm that we will do the right thing. We will embrace this test of our company and the opportunity to become better.[M]y father encouraged me to earn his trust through my actions rather than just talk about what I was going to do. And it is on this principle that Mattel will move forward. We will earn back your trust with our deeds, not just with our words.'

"We encourage you to review your pledge and act accordingly by recalling the red blood pressure cuff," the Congressional leaders wrote. "Furthermore, we challenge you to live up to your words and set a standard for the entire industry by completely eliminating the use of lead in all of the children's products manufactured by Mattel.

"When parents purchase a product from your company, they are not just purchasing a toy-they are putting their trust in an established brand that has historically been believed to provide merchandise that is safe for their children. We urge you to live up to this reputation."

The company agreed to provide reimbursements to hundreds of thousands of consumers and institute stricter safety controls.

Consumers would be either reimbursed in cash for recalled toys or, if they prefer, offered a replacement plus a bonus toy. Customers without toys and proof of purchase can receive $15 coupons.

The manufacturer RC2 said it has imposed new safety regulations on its overseas suppliers and will require all contract manufacturers to meet safety standards. The company faces at least 17 lawsuits stemming from the recall.

The company recalled 1.5 million toys in June, then recalled another 200,000 in September. Although lead-tainted toys have been the subjects of recall campaigns for years, the recall of the expensive Thomas & Friends toys caught the attention of affluent consumers and the press, setting off a wave of recriminations among federal safety regulators, politicians and toy manufacturers.

In the 12-month period ending September 30th, 19 of 61 U.S. toy recalls were a result of lead paint, according to the Consumer Product Safety Commission (CPSC). “The trend has continued in 2008,” as companies increasingly test for and find more lead paint, said CPSC spokesman Scott Wolfson.

Legislation is pending in both the House and Senate to beef up the Consumer Product Safety Commission, which has operated without a chairman since July 2006 when Hal Stratton resigned abruptly.

RC2 says it has dropped the Chinese manufacturer responsible for the lead-tainted paint and now tests every batch of paint used on its toys.

Lead is known to cause cancer and reproductive harm and can cause mental and physical retardation and behavioral and other health problems in children. In adults, lead can damage the nervous system.

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