• Home
• About Amy
• Serving Minnesotans
• About Minnesota
• Issues/ Legislation
• Media Center
• Contact Amy
• FAQ

News Releases

Klobuchar Takes Aim at 'Toxic Toys', Seeks Ban on Lead in Children's Products

Bill also makes it easier to identify, illegal to sell recalled products

September 11, 2007

Washington, D.C. – Senator Amy Klobuchar (D-MN) today introduced legislation that would effectively ban lead in children’s toys, products and jewelry.  If enacted, this legislation would be the first time standards for lead levels in children’s products would be set by federal law.

“With millions of toys already recalled this summer, parents are rightfully fearful of what toxic substances are lurking in their children’s toy box,” said Klobuchar.  “For almost thirty years, we’ve been aware of the dangers posed by lead paint in our homes -- it’s about time we take action to keep ‘toxic toys’ out of our children’s hands.  As a matter of public safety, we need a law with firm and uniform standards.”

Millions of toys have been recalled just this year due to lead contamination, highlighting the dangers of lead poisoning in children.  Children exposed to lead can suffer long-lasting or permanent health consequences, and in some cases have died from exposure.  The dangers are personified in the case of Jarnell Brown, a four-year-old Minnesota boy who died last year of acute lead poisoning after ingesting a free charm composed of 99 percent lead.  Testing later revealed his blood lead level was three times higher than what health officials consider dangerous.

“Any parent can tell you the first place a new toy goes is in your child’s mouth, but that shouldn’t be our first test for lead,” said Klobuchar, noting that the sweet taste of lead that adds to children’s temptations to taste it.  “After a summer of recalls, it’s time we make it crystal clear that lead has no place in our children’s products.  We must keep these unsafe toys off our shores and out of our stores.”

The legislation provides that lead in any children’s product shall be treated as a “banned hazardous substance.”  The bill would set a ceiling for a trace level of lead at .04 percent per part for children’s products, and .02 percent for jewelry, given the significantly higher risk it poses to children as it may be ingested.  While current law does not ban lead in toys, the Consumer Product Safety Commission (CPSC) has voluntary guidelines set at .06 percent.  Current voluntary guidelines trigger additional testing and administrative procedures, rather than an immediate recall.

Klobuchar’s bill would allow for an immediate effective ban, taking products off our shelves directly rather than beginning a protracted bureaucratic process.  This legislation will set clear standards for manufacturers, and speed the enforcement process for the CPSC by allowing them to act immediately.  It will also give the CPSC the power to lower levels for all children’s products even further through rule-making as science and technology allow.

Senator Klobuchar also introduced legislation seeking to simplify the recall process for retailers and parents.  The legislation requires that toys be imprinted with an identifying stamp on both the packaging and the toy itself, allowing retailers to more easily identify recalled toys on their shelves, and parents to simply look at a toy’s imprint to know if that toy has been recalled.  The legislation would also make it illegal to sell a toy once it has been recalled.

“Countless parents have asked me how they could possibly identify a toxic toy in their child’s toy box, and as a Mom I can tell you it’s hard to tell one Barbie from another.” said Klobuchar.  “A simple stamp added to the packaging and the toy itself will make it easy for parents to match the stamps and act promptly to news of a recall.”

###