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Mattel Agrees to Lower Lead Paint Levels in Toys

Toymaker settles with 39 Attorneys General, agrees to stricter standards

By Mark Huffman and Lisa Wade McCormick
ConsumerAffairs.com

December 15, 2008

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Thirty-nine Attorneys General today announced an agreement with Mattel, Inc. and Fisher Price, Inc. that will immediately reduce the lead content in children's toys. Under the agreement, the toy manufacturers will comply with future federally-mandated lead limit reductions ahead of schedule.

The settlement resolves a 15-month investigation of the company's Fisher-Price subsidiary. The consent judgment requires Mattel to make a payment of $12 million by January 30, 2009, to be divided among the participating states.

The agreement reached by the attorneys general and Mattel includes more stringent standards for accessible lead, in both surface coatings and substrates, effective for toys manufactured after November 30, 2008.

Under the settlement, the new standards are 90 ppm (parts per million) for lead paint and surface coatings, and 300 ppm total lead for substrates. A substrate is the base substance a toy is made of that is distinct from the surface coating that covers a toy.

The agreement also mandates that Mattel keep records indicating each toy's manufacturer, manufacturing location, and the results of lead tests done on those products, and to "proactively inform" the state attorneys general if their tests reveal the toys contain excessive lead under the new standards.

"Today's agreement protects young Texans by helping to ensure that popular children's toys do not contain excessive, unlawful amounts of lead," said Texas Attorney General Greg Abbott said. "Exposure to excessive levels of lead can cause serious health problems, particularly among children. The agreement reached today requires two of the nation's most popular toy manufacturers to strictly comply with federal regulations that limit lead in toys."

"Lead is highly toxic, particularly to young children. Higher exposures to lead, such as the levels found in these toys, can cause grave health problems," said Massachusetts Attorney General Martha Coakley. "This agreement also includes important lead monitoring requirements that should prevent a similar public health scare from occurring in the future, in addition to funds that will be used for preventative efforts on the state level."

The agreement comes on the heels of last year's recalls of thousands of toys that contained excessive amounts of lead. Mattel and Fisher-Price recalled the toys because the lead in the surface paints exceeded 600 ppm, which is the maximum amount allowed under federal law.

From August 2, 2007, through October 25, 2007, the United States Consumer Product Safety Commission (CPSC) recalled approximately two million Mattel and Fisher-Price toys, all manufactured by contractors in China, because the toys contained excessive lead in accessible surface coatings and substrates.

During the course of the states' investigation, authorities found that lead levels in the recalled toys not only exceeded the federal standard, but in some instances, tested over 10,000 ppm and 50,000 ppm. The attorneys general investigated how Mattel permitted these lead-tainted toys to enter the stream of commerce and whether Mattel's contracting and quality assurance processes were sufficient to guard against lead-tainted toys.

Since the attorneys general first contacted Mattel in August 2007, Congress enacted the Consumer Product Safety Improvement Act ("CPSIA"), which requires more stringent standards for lead in surface coatings and substrates, effective in February 2009. Under the judgment, Mattel must phase-in more stringent standards ahead of the timelines provided by the CPSIA.

Health experts say small amounts of lead can impair brain development in children younger than 12 and high lead levels can cause serious health problems, including seizures, comas or death.

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