NEW LAW REDUCES CHILDREN'S EXPOSURE TO LEAD FROM TOYS
The presence of lead in children's toys is a major concern for parents. Lead poisoning can cause learning disabilities, behavioral problems, and, at very high levels, seizures, coma, and even death.
On February 10, 2009, the Consumer Product Safety Improvement Act (CPSIA) takes effect. The new law requires manufacturers, importers and retailers to not sell products containing more than 600 parts per million (ppm) total of lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.
Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.
There was initially a question of whether the new law applied to seller's of used children's products; however, in a clarification issued by the U.S. Consumer Product Safety Commissuin (CPSC) on January 8, 2009, the CPSC stated that resellers, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards. Parents should be extremely cautious when purchasing used toys from a thrift store or a reseller; used children's toys may not meet the new lead limits.
When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC website, which provides extensive information on on recalled products, prior to selling a product. Someone who resells recalled products could face civil and/or criminal penalties.
As has previously been posted on this site, cribs and bassinets have been the subject of recent recalls as they may pose a strangulation hazard to infants. Additionally, parents and caretakers should prevent their children from playing with toys with small parts or parts that could become loose as they could present a choking hazard.
If you or a loved one has been injured by a dangerous product, please contact the Law Offices of Jeffrey J. Kroll for assistance. We are experienced attorneys who will fight for you and fight to ensure that the dangerous product is removed from the stream of commerce.
