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State Discovers Unsafe Toys Still On Store Shelves Governor Eliot Spitzer last week announced that the state Consumer Protection Board's (CPB) Safe Toys NY Campaign found that toys with unsafe lead levels remain on store shelves across the state. The findings resulted from the Governor's call for a statewide investigation of toys being sold in New York and revealed retail practices are in need of improvement in order to protect consumers. While inspections found increased compliance with recall requirements, toys with unsafe lead levels were still being sold. The Governor is also calling on the federal Consumer Product Safety Commission (CPSC) to immediately issue a national recall of newly identified products found during investigations and is calling for the CPB to draft legislation to create and improve standards in the industry and better inform and protect consumers. "It is startling to learn that tainted toys are still lingering on our shelves," said Governor Spitzer. "I am calling on retailers to ensure that dangerous toys are removed from store shelves, and am strongly urging the CPSC to issue an immediate national recall of the products we identified, so that all kids can be protected and consumers can have confidence in the toys they purchase. The federal government, through the CPSC, has the responsibility to protect the public from unsafe toys, but a lack of funds and inadequate staffing hamper their ability to act in a timely manner. That leaves us with no choice but to act on our own to protect New Yorkers as soon as we become aware of a safety hazard, in this case, lead paint on toys." In August of this year, with mounting recalls of toys and other products, Governor Spitzer directed the state CPB to launch a full-scale campaign around toy safety, and announced initiatives to help keep lead-contaminated and hazardous toys off store shelves. The CPB, with the help of the Departments of Health (DOH) and Agriculture and Markets, then conducted sweeps of more than 2,800 stores looking for recalled products. Approximately 620 recalled toy items were still found on the shelves. In addition, following strict protocols, a random sampling of toys was collected in three rounds from retail outlets in Albany and in New York City and tested by DOH's Wadsworth Center. The Center performed chemical analysis of the paint from each toy for lead content. The CPB was then able to track distributor information so that the appropriate actions could be taken. The three tainted toys, all bought in dollar stores and made in China, had paint that exceeded the federal standard of lead levels allowed in paint, which is 600 parts per million (0.06 % lead). The three toys are: •"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. The toys also had no identification numbers on the packaging. Health Commissioner Richard F. Daines, M.D., said: "I am issuing this Summary Order to assure the health and safety of New York children. Testing done in our Wadsworth Labs measured how much lead would be absorbed in children's bodies from playing with these toys or putting them in their mouths. This is the most accurate way to test toys. Home testing kits or X-ray guns are meant to test for lead in house paint, not toys. These tainted products must be immediately removed from our stores to protect the health of our children." About 5,000 children a year are diagnosed with lead poisoning in New York State - mostly from lead paint in older housing. Lead exposure in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems and headaches. Most children with lead poisoning usually do not look or feel sick. The Public Health Law requires health-care providers to screen all children by blood testing for lead exposure at ages 1 and 2. Elevated levels of lead in blood occur when children put paint chips, lead paint dust, lead-painted toys, or other objects in their mouths. The CPB, DOH and CPSC continue to urge consumers not to use home lead test kits to evaluate products for potential lead hazards. Studies have shown that none of these methods consistently detected lead in products, particularly if the lead was covered with a non-leaded coating. CPSC found that tests based on chemical reactions involving rhodizonate ion or sulfide ion did not detect lead when it was there (false negatives) and sometimes indicated lead was present when it was not (false positives). Use of X-ray fluorescence (XRF) for screening for lead in paint and other products also yields inconsistent results. XRF detectors require training for use and have limited depth of penetration, so it is possible that the surface coating can mask the presence of potentially hazardous leaden metal underneath. The CPB also called for auction sites to bar the posting and sale of recalled toys. Information about recalls and the entire Safe Toys NY program is available on the CPB's website at www.nysconsumer.gov, which is updated daily. The public is urged to participate in the program by providing recall feedback to recallfeedback@nysconsumer.gov or e-mailing the CPB at toytesting@consumer-.state.ny.us to advocate for toy testing by manufacturers, retailers and others. CPB also encourages the public to become a "Consumer Crusader" by using the Agency's Toy Safety Inventory Checklist to catalog their toys so they can be better prepared in advance of a recall. Recalls are also posted on the DOH website at www.health.state.ny.us.
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