Recall Madness – Who is Testing Our Toys?

We’ve all heard about lead in toys this year – it’s all over the news. Who can forget the massive Mattel recalls (yes, that’s recalls – plural), or the wide-spread recall of Thomas the Tank Engine toys by RC2? Your children are probably upset about having their favorite toys taken away, and you are probably upset about the failure of these major toy manufacturers to take the necessary steps to keep your kids safe. As you consider presents and replacement toys this holiday season, you’re probably wondering what manufacturers and toy stores are doing this season to make sure the toys they sell meet or exceed federal guidelines.

Lead in Toys – Is it Legal?

You may be surprised to learn that it is in fact legal for toy manufacturers to use lead in toys, namely in plastic. Lead is used in plastic to make it more malleable, so toys with soft, bendable plastic parts may contain lead. The problem with this is that plastic toys tend to degrade over time, especially if exposed to sunlight, air, and soaps. This can cause the plastic and lead to separate, and a dust to form – a dust that your child could easily ingest.

As for lead paint, in 1978 the use of lead paint on toys was banned, however it is legal to use lead paint on toys in countries other than the United States. Because of this, parents should only buy toys made in other countries that are sold by reputable manufacturers and retailers. According to the CDC, toys made in foreign countries and toys passed down from previous generations are most at risk for containing unacceptably high levels of lead. Because lead paint could be found on toys manufactured prior to 1978, either dispose of your old hand-me-down toys or take them out of the playroom and put them up on a shelf – out of the reach of little hands.

Pre-sale testing and government inaction

Now, not only could your child’s toys contain perfectly legal lead in the plastic, but pre-sale testing of toys for lead contamination and other hazards is voluntary. That’s right, there is no federal oversight for testing toys before they hit your local toy store. The Consumer Product Safety Commission (CPSC) – the very agency that tracks all those toy recalls – does not have pre-market jurisdiction, so they are not able to require that toys be tested before they hit the shelves. Since the rash of recalls and the resulting public outcry, some manufacturers are stepping up their pre-sale testing steps and lawmakers are reconsidering the CPSC’s role and whether or not it should be expanded.

The CPSC is not without it’s critics. It’s a relatively small agency who’s staff has shrunk over time while the number of products it oversees has increased, making it difficult for the agency to keep up. There have been hints of scandal, as well. The Washington Post has reported that CPSC Chairman Nancy Nord has taken numerous trips funded by the industries they are supposed to regulate, trips that could be considered a conflict of interest – or at the very least poor public policy. Chairman Nord has also been called on to resign by Democratic leaders, after Nord dismissed calls from Congress to increase CPSC oversight, budget, staff levels and industry fines. With Congress and the CPSC disagreeing about needed reforms, it isn’t clear what the future holds for the embattled agency. States like California are taking matters into their own hands and increase safety standards on their own, as it appears the federal government is taking too long to make necessary changes.

As for the manufacturers themselves, they have a vested interest in keeping their toys safe. Recalls are damaging to a company and publicly embarrassing, so it is in their best interest to test toys before they go out for sale – even if it isn’t mandated by the CPSC. Many companies (but not all) use independent testing laboratories to vet their toys, based on standards agreed upon with the American Society for Testing and Materials (ASTM). Information about these standards can be found on the ASTM website. For toys that pass the tests, these independent labs will send a letter of approval to the toy retailers. Reputable retailers will not sell a toy for which they have not received a satisfactory letter of approval. This underscores the importance of purchasing toys from reputable manufacturers and retailers.

Keeping up with all the recalls

As a parent or caregiver, one of your important job is to keep track of toy recalls – for toys in your home and toys used by your child at a friend or relatives house, or at daycare. The Consumer Product Safety Commission (CPSC) maintains a database of all recalled toys. Their website is the best source for keeping track of all recalls, whatever the reason. In addition please refer to our article, “Lead Exposure – Symptoms, Treatment, and Advice for your Family” which includes additional information about lead paint and toys.

You can also find information from the U.S. PRIG (a federation of state Public Interest Research Groups) about toy safety. The U.S. PRIG recently released their 22nd annual “Trouble in Toyland” report. The report highlights concerns about toys and jewelry that pose a danger to children due to lead, choking hazards, magnets, and more.


Concerned about the toxic effects of lead exposure in your family? If you or somebody you love has been affected by lead exposure, please contact the law office of Richard Serpe, PC immediately. Virginia based lead poisoning attorney Richard Serpe has the experience you need for your lead poisoning case, and will help make sure you receive the compensation you deserve.