Deal Made Over Lead-Laced Toys

Attorney General Tom Corbett today announced that Pennsylvania, along with 40 other states, have reached a consumer protection agreement with Mattel and Fisher-Price concerning children’s toys that were recalled because they allegedly contained excessive levels of lead.

“Toy-makers have an obligation to parents and other consumers to ensure that the products they market and sell will not threaten the health and well-being of the children who play with these items,” Corbett said. “This agreement is a step in the right direction, requiring Mattel and Fisher-Price to take immediate action to reduce children’s exposure to lead and make their products safer for young users.”

Corbett said the consent judgment filed today with Mattel, Inc., of El Segundo, California, and Fisher-Price, Inc., of East Aurora, New York, requires the payment of $12 million to the states. Pennsylvania will receive $540,874 to support consumer protection and enforcement activities or to enhance toy safety education programs.

Corbett said the multi-state investigation was triggered in the fall of 2007 after Mattel and Fisher-Price announced several voluntary recalls with the U.S. Consumer Product Safety Commission for Chinese-made toys that contained excessive lead in accessible surface coatings. The probe was led by a nine-state executive committee, including Pennsylvania, Arizona, Florida, Illinois, Kentucky, Massachusetts, Missouri, Ohio and Vermont.

“The agreement requires Mattel and Fisher-Price to meet stricter limits for lead in children’s toys well ahead of the timeline required by new federal standards,” Corbett said. “Mattel and Fisher-Price have also agreed to strengthen their testing and quality control processes to prevent the future sale or distribution of toys that contain excessive lead.”

Corbett said the companies have agreed to notify state Attorneys General if they confirm levels of lead in any of their new children’s products in violation of state or federal law, or in violation of this consent judgment, and to work with the states to remedy such violations.

For older toys, not already subject to recalls, Mattel and Fisher-Price have agreed to immediately alert the states about any violations of existing federal lead standards, to stop distributing those items and to notify consumers.

Corbett said the states participating in this investigation and consumer protection agreement include Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wisconsin and Wyoming. California also took part in negotiations, but reached a separate agreement.

“It is important for consumers to carefully consider safety issues when purchasing toys and other items for children,” Corbett said. “We encourage consumers to use various resources – including our website at www.attorneygeneral.gov – to research items before making a purchase and to double-check items you already have in your homes.”

Corbett said that detailed information about product safety recalls and safety notices involving many different consumer products is available in the “Consumer Safety” section of the Attorney General’s website, at www.attorneygeneral.gov (Highlight the “Consumers” button on the front page of the website and select “Consumer Safety” from the menu that appears).

The agreement was filed today in the Dauphin County Court of Common Pleas by Deputy Attorney General Tim Gates of the Attorney General’s Health Care Section.

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