California Sues Toy Companies for Lead

California Sues Toy Companies for Lead

November 2007 
 The state of California is 
suing 20 companies for manufacturing or selling toys with "unlawful 
quantities of lead." 
Companies named in the lawsuit include some of the world's largest toy 
manufacturers, wholesalers and retailers. 
The defendant companies are: Mattel, Fisher-Price, Michaels Stores, Toys R 
Us, Wal-Mart, Target, Sears, KB Toys, Costco Wholesale, A&A Global 
Industries, RC2 Corporation, Eveready Battery Company, Kids II, Kmart, 
Marvel Entertainment, and Toy Investments 
California Attorney General Edmund G. Brown Jr. and Los Angeles City 
Attorney Rockard Delgadillo filed the lawsuit Monday in Alameda County 
Superior Court. 
Brown said, "Companies must take every reasonable step to assure that the 
products they handle are safe for children and their families and fully 
comply with the laws of California." 

"Despite the lengthening global supply chain," he said, "every company 
that does business in this state must follow the law and protect consumers 
from lead and other toxic materials." 
Lead is a toxic metal that damages the nervous system and other organs. 
Children are particularly susceptible to the risks of lead exposure. They 
can ingest the lead in toys when they place the toys in their mouths, 
handle the toys and then touch their mouths, or transfer the lead from the 
toys to other items such as food. 
"Lead in toys poses a significant threat to the health and well being of 
our children," said Delgadillo. "This lawsuit is intended to ensure that 
these companies eliminate lead and other harmful substances from 
children's toys, once and for all." 
The state's lawsuit alleges that companies knowingly exposed individuals 
to lead - a chemical known to the state of California to cause cancer and 
reproductive harm - and failed to provide any warning about this risk. 
Under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as 
Proposition 65, businesses cannot expose individuals to hazardous 
chemicals without posting a clear warning. 
Proposition 65 is enforced through lawsuits brought by the attorney 
general, district attorneys and city attorneys in cities with a population 
exceeding 750,000. Lawsuits may also be brought by private parties, but 
only after these parties notify the attorney general of the alleged 
violation. 
Brown launched an investigation into toy manufacturers and retailers after 
the federal Consumer Product Safety Commission began issuing recall 
notices for toys that exceeded federal lead limits. 
Beginning with the recall of 1.5 million Thomas the Tank Engine toys in 
June, 46 toy products have been recalled for excessive levels of lead, 
totaling about six million toys this year. 
Following the national recall, the attorney general received notices of 
impending lawsuits against toy companies from the Center for Environmental 
Health, Environmental Law Foundation, and As You Sow. Under Proposition 
65, private parties must notify the attorney general of the allegations 
before bringing a lawsuit. 
The attorney general then has the option to take over these lawsuits or 
allow the complaints to proceed independently. 
Although Proposition 65 only requires companies to post hazard warnings, 
many businesses choose to eliminate the toxic chemicals. Last year, the 
attorney general prompted over 70 retailers and distributors to meet 
tougher lead standards for jewelry. 
Many companies subject to the latest lawsuit have indicated they are 
committed to taking measures to ensure that lawful standards are met in 
the future. 
Proposition 65 requires the governor to publish a list of chemicals that 
are known to the state of California to cause cancer, birth defects or 
other reproductive harm. Lead has been listed since 1987 as a chemical 
that can cause reproductive harm and birth defects, and has been on the 
list of chemicals known to cause cancer since 1992. 
Businesses that violate Proposition 65 are subject to civil penalties of 
up to $2,500 per day for each violation. In addition, courts may order 
businesses to stop committing the violation.  

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