Despite all of the media coverage about lead in toys, some parents aren’t aware that lead can legally be used in some toys and that the CPSC doesn’t have the power to test or require pre-market testing of toys.  Patronizing reputable retailers and keeping up to date with recalls are the best ways for parents to avoid the dangers of lead poisoning.

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Why Is There Lead in Our Children’s Toys?

Lead poisoning has been in the news a great deal this year, most notably the massive toy recalls from well-known companies like Mattel and RC2, the makers of the popular Thomas the Tank Engine Toys.  You and your children may be frustrated about having to get rid of some favorite toys, and you may be concerned about buying more toys for your children.  Toys that could end up being dangerous.

 

Toy manufacturers and toy stores have been taking steps to ensure that the products you buy are safe, but you may be surprised about what the law allows in regard to lead in toys.

 

Legal Lead Levels

 

Many parents are surprised to find out that manufacturers may in fact use lead to make toys for children.  The main use of lead is to make plastic parts more malleable, so toys with soft, bendable pieces may very well contain legal amounts of lead.  On the other hand, lead paint on toys has been banned since 1978 in the United States.  The problem is that this ban isn’t in place in all countries, so toys purchased elsewhere – or toys imported and sold by less than reputable manufacturers – could still be coated with lead paint.

 

How Lead in Toys is Dangerous

 

You may not be alarmed to find out that your plastic toys contain lead – until you consider how plastic breaks down over time.  Air, exposure to soap, and sunlight all contribute to a slow breakdown of plastic, and this degradation can cause lead to separate out and form a dust that can be ingested by your child.  Children are especially vulnerable to lead poisoning because their bodies absorb lead at a much faster rate than adults.  Since lead is a heavy metal, it does not break down and is difficult – if not impossible – to remove from a child or adult who is affected.  The best defense is to avoid lead exposure all together.

 

What are the Government and Manufacturers Doing?

 

While lead paint may be illegal in American toys, the Consumer Product Safety Commission (CPSC), the federal agency which has issued the recalls we’ve all heard about lately, does not have pre-market jurisdiction over toy sales.  This means that it isn’t possible for them to test or require testing of toys before they are sold.  It has fallen to manufacturers and toy stores to voluntarily ensure the safety of toys sold to the American public.

 

The CPSC has many critics, and many who would like to see the relatively small agency’s role and powers expanded in order to better protect the American public.  However, since manufacturers’ reputations are on the line when it comes to toy safety, many choose to have their products tested by independent labs.  Labs rely on standards maintained by the American Society for Testing and Materials (ASTM), and toys that pass the tests receive a letter of approval which is sent to toy retailers.

 

This is one reason that parents should try to shop only with retailers they trust.  Reputable retailers will refuse to stock a toy unless they receive an acceptable letter of approval from one of these independent labs.  Don’t be afraid to ask your favorite toy store what steps they take to ensure your child’s safety.  In addition, regularly check recall information on the CPSC website, which allows you to sign up for email updates.

 

There is no excuse for toys that are sold with dangerous levels of lead in the paint or the plastic.  If you think that you or someone you love has been affected by a dangerous product, our attorneys will work with you to make sure that the manufacturers and retailers responsible for allowing an unsafe product to be sold are held accountable.  Please contact Vujasinovic & Beckcom today and find out how we can help you secure the compensation you and your family deserve.

 

Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801

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Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002

Phone: 713.224.7800
Fax: 713.224.7801

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