Posted On: January 6, 2008 by Wingate, Russotti & Shapiro

GOVERNOR SPITZER CALLS FOR NWE RECALLS

GOVERNOR SPITZER CALLS FOR RENEWED VIGILANCE, AND A NEWLY ENGERGIZED PRODUCT RECALL, OF UNSAFE, LEAD-BASED TOYS THAT CONTINUE TO BE ON RETAILER’S SHELVES AND ARE STILL BEING SOLD TO CONSUMERS

According to a press release issued by Governor Spitzer’s office yesterday, December 10, 2007, Governor Spitzer has called for a new state-wide recall of lead-based toys that remain on retailer’s shelves. According to the Governor, that while the state Consumer Protection Board’s (CPB) Safe Toys NY Campaign has already investigated and found increased compliance with recall requirements, that an unacceptable number of unsafe, lead-based toys not only remained on retailer’s shelves across the state, but that these toys are still being sold to consumers.

Further, Governor Spitzer is requesting that the federal Consumer Product Safety Commission act immediately to issue a national recall of those toys and other products that the New York state Consumer Protection Board found unsafe during its investigations. Additionally, the Governor has requested the New York state Consumer Protection Board act swiftly to draft new legislation that would create and improve safety standards in the toy industry as a group, and to create avenues to fully inform and protect all consumers. A previous investigation, instituted in August of this year, and handled by the state’s Consumer Protection Board, was impaneled due to mounting problems and health concerns with lead-based toys being sold in New York.

In August, three rounds of random toy collections were completed and gathered from retail outlets in Albany and in New York City. The Department of Health’s Wadsworth Center performed the testing, which included a detailed chemical analysis of the paint from each toy collected and analyzed for lead content. From the information gathered, the state Consumer Protection Board was then able to track information on the location of the distributors of the unsafe, lead-based toys and take all appropriate actions.

Three of the toys that the New York Consumer Protection Board identified as having unacceptably high levels of paint, as measured by the federal standard of lead levels allowed in paint, were found in dollar stores and manufactured in China:
• “Army Force” Car Set, which are green and black, Lot # ES35146, UPC Code 6010785146, and are imported by Encore Sales, Concord, Ontario, Canada;
• “Sprite Tractor Trailer” toys, which are green and orange and have no identifying information on the packaging; and
• “Wrestle Mania” action figures, which are multicolored and distributed by AA of America from New Jersey.
For a more exhaustive list of recalled toys nationally, please visit the US Consumer Product Safety Commission’s toy recall page