Massachusetts Personal Injury Library
Parents Beware of Lead Tainted Toys Defective Products
Last year, over 45 million toys and children’s products – 30 million from China – were recalled, according to an article in the Seattle PI Newsource. In fact, China currently makes 80% of the toys in the U.S. Over 140 of the 152 consumer product recalls for unsafe lead materials issued in the past six years have been products manufactured in China. There are currently 400,000 children suffering from lead poisoning in the U.S. These startling numbers prompted both the House and Senate to pass legislation imposing the toughest lead standards in the world, banning lead beyond minute levels in products for children 12 or younger. This legislation takes effect February 10, 2009, It also bans children’s products – either permanently or pending further study – containing six types of phthalates, chemicals found in plastics and suspected of posing health risks.
President Barack Obama is expected to sign this legislation. He campaigned on a platform that promoted product safety monitoring and enforcing violations. When he was in the Illinois State Senate: then Senator Obama was a leader in the fight to combat lead poisoning in Illinois, which occurs more frequently than in any other state. In the Illinois State Senate, then Senator Obama championed successful measures to require greater inspections of older homes for dangerous lead levels, create a lead poisoning prevention fund, and increase fines for non-compliance with clean-up regulations related to lead paint. Then Sen. Obama also voted to create a Lead Poisoning Prevention Commission to implement a comprehensive strategy to reduce dangerous lead exposure.
Parents should be concerned about lead levels in toys because it is a heavy metal and a poison that can slow mental and physical growth in children. In the US, the National Institute for Environmental Health Services, researches lead and the effects it has on people, and children in particular.
According to the NIEHS/Kids website, lead can be found in house paints (prior to 1950), in the soil, in the drinking water, some plastic products made in other countries, and in the previously mentioned toys. Although lead-based paint was discontinued in this country, some of the old paint is still in existence in old houses. Some products and in particular, toys, in other countries were not tested and do not have the same safety standards as we do in the US.
Childhood lead poisoning is still one of the most important health issues in the United States today. According to recent Center for Disease Control estimates, 890,000 U.S. children age 1-5 have elevated blood lead levels, and more than one-fifth of African-American children living in housing built before 1946 have elevated blood lead levels. Lead poisoning can be so subtle that the affected child may not show any clear physical signs. The Center for Disease Control now recommends screening children in high risk areas or populations for lead exposures. Lead can cause nervous system disorders, lowered IQ's, impaired memory and reaction times, and shortened attention spans. Symptoms of lead poisoning include headaches, muscle and joint weakness or pain, excessive tiredness or lethargy, behavior problems, irritability, difficulty concentrating, loss of appetite, metallic taste in mouth, abdominal pain, nausea, or vomiting, or constipation.
A nonprofit organization dedicated to helping protect Omaha, NE, children from lead poisoning has a helpful website with information for parents regarding lead poisoning and toys. According to the website, children may be exposed to lead from toys that have been made in other countries and then imported into the country, or from antique toys and collectibles passed down through generations. The U.S. Consumer Product Safety Commission (CPSC) issues recalls of toys that could potentially expose children to lead. Consumers wishing to test object to determine lead content are faces with several choices. Photos and descriptions of recalled toys can be found by visiting the CPSC or 1-800-638-2772.
Lead is sometimes found in toy jewelry sold in many retail stores. Lead may be found in the paint on toys (imported from other countries that do not ban lead or in older toys made in US before the ban in 1978). Lead may also be in plastics used in toys to make them more flexible. When it is exposed to sunlight, air, or detergents, the chemical bond between the lead and plastics breaks down and forms a dust.
Lead is invisible to the naked eye and has no smell. Children may be exposed to lead just by normal hand-to-mouth activity. There are several different testing methods that can be conducted to test lead in toys. Consumers can send products to a certified laboratory for analysis. It is important to make sure the laboratory is recognized under the EPA Lead Laboratory Proficiency Analytical Testing Program.
Thomas M. Kiley concentrates on Massachusetts defective product liability cases and is concerned about the large numbers of lead tainted toys imported from other countries which have less strict safety standards than the US.
For over 30 years Kiley Law Group, has fought on behalf of children. Our Boston child accident lawyers take time when speaking with you about your child's injuries. The Kiley Law Group works with you on a contingency basis, which means there are NO FEES unless our trained child injury attorneys win your case. Contact us today for a FREE legal consultation – 1-888-208-1695.
