Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the federal government doesn’t require such labeling, California does.
The lawsuit contends that the companies knowingly exposed individuals to lead and did not provide warnings about the risk. Lead is known to cause cancer and reproductive harm, as well as other effects, such as learning disabilities in children. The lawsuit seeks to force manufacturers and retailers to adopt procedures for inspecting products to make sure they are safe. There is a statutory penalty of up to $2,500 for each item sold officials said.
Mattel, Inc. has responded by saying that they are in communication with the California Attorney General’s Office and have cooperated fully in the matter. According to a Wall Street Journal article, the Chairman and Chief Executive Officer of Mattel, in discussing the Consumer Product Safety Comission, previously stated the company discloses problems on its “own timetable because it believes both the law and the commission’s enforcement practices are unreasonable”.
According to the Attorney General of California, some of the companies are currently in confidential settlement negotiations. This lawsuit coincides with other organizations’ calls for Congress to ban lead in childrens’ toys altogether and to increase funding for the Consumer Product Safety Commission.