Personal Injury Lawyers in New York

The California attorney general and the Los Angeles city attorney filed a lawsuit yesterday against Mattel Inc., Toys R Us Inc. and 18 other companies, accusing them of making or selling products that contain "unlawful quantities of lead."

The move follows major recalls of toys, lunch boxes, children's jewelry and other goods during the past year by the U.S. Consumer Product Safety Commission in Washington.

The suit, filed in Alameda County Superior Court under California's Proposition 65 law, would force manufacturers and retailers to adopt procedures for inspecting
products to make sure they are safe. Barring that, they would be required to warn
consumers that the items contain chemicals known to cause cancer or birth defects.
Mattel, the lead defendant in the lawsuit, said it welcomes the attorney general's involvement and added that it would be helpful for the entire toy industry.

"Mattel expected this development and believes that the attorney general's assumption of this case will be beneficial to all parties," the toy maker said in a statement. "The company has been in continuous communication with the California attorney general's office since the initiation of the recalls this summer and has cooperated fully."

Proposition 65 enables the state to collect civil penalties of up to $2,500 for each of the millions of contaminated items.

"Obviously, they do not want to put on warnings. They are going to eliminate the lead or eliminate the product," said California Attorney General Jerry Brown. "But, going forward, we want to prevent these kinds of things from happening."

Lead paint has been barred in the United States since 1978 because of lead's link to brain and neurological problems, particularly in children. Toys are recalled every year for containing lead levels that exceed the legal standard of 600 parts per million. But this year's recalls hit consumers particularly hard, in part because they involved a series of well-known toys.

Last summer, many retailers announced a series of procedures designed to reassure the public about the safety of their products. Mattel, the country's biggest toy company, announced its most stringent testing ever, including batch-testing every toy it produces.

Wal-Mart Stores Inc., Target Corp., Toys R Us and Walt Disney Co. announced expanded oversight, including, in some cases, independent third-party product safety reviews.

If you or a loved one has been made sick by lead poisoning in New York City or Long Island, New York, please contact the lead poisoning attorneys at Silberstein, Awad & Miklos today to schedule your initial consultation.