The State of the Toy Industry and Toy-Related Legislation:

With new laws in several states and more proposed, toy-related legislation is quickly changing

by Daniel Sean Kaye

The state of toy safety continues to grow and change, spurred on by concerned parents as well as legislators wary of a repeat of last year’s recalls. Many states are considering what steps should be taken to protect their citizens as well as to avoid putting independent toy-makers out of business due to expensive testing. The following is a summation of some of the battles and legislation currently moving forward in the nation.

CPSC Changes
On February 19, Consumer Product Safety Commission (CPSC) Chairman Nancy A. Nord said the toy industry was not effectively trying to keep products safe. “As a mom and as chairman of the Consumer Product Safety Commission, I am very, very angry that we found so many violations of a standard that should be familiar to all of you,” Nord reportedly said to the audience at Toy Fair. “I will not tolerate either this industry or any other industry not complying with our regulations,” she said.

On March 6, the United States Senate attempted to respond to some of these concerns by approving changes to the country’s product safety system, according to the Washington Post. The Senate bill, while having some differences from the House bill of December 2007, is considered tough, with provisions that require retailers and manufacturers to pay closer attention to safety. These include better staffing of the Consumer Product Safety Commission, adding $40 million to the department (primarily to upgrade the CPSC’s facilities), and raising the maximum amount they can fine companies that do not immediately report hazards (the current cap is $1.8 million, the new House legislation would cap the fines at $10 million and the new Senate legislation would cap fines at $20 million). Also, lead would be banned from all children’s products and toys would be subjected to testing by independent labs.

SAFETY CERTIFICATION MARK
An April 11 report by Consumer Reports talks about work being done by the Toy Safety Coordination Initiative, a group intended to improve safety conformance of toys as well as rebuild consumer confidence in toy safety. The group is made up of members of the American National Standards Institute (ANSI) and the Toy Industry Association (TIA). The safety program developed would: require risk assessment and design hazard analysis on all new toy designs; create an audit system to ensure toys are made using good manufacturing practice; and require compliance tests of toy samples from production lines to verify satisfactory tests of industry and government safety standards. Favorable results would lead to a Safety Certification Mark, similar to the UL, ETL, and CSA listings.

BPA
Bisphenol A (BPA) is a chemical primarily used in the production of polycarbonate plastics and epoxy resins. Polycarbonate plastics are used in certain food and drink packaging (such as water and infant bottles), are usually hard and clear and have the recycle symbol of “7.”

There have been several reports about BPA having a connection to learning disabilities and age-related neurodegenerative diseases by researchers at Yale University School of Medicine, as well as other health impacts as reported by Philadelphia’s Fox Chase Cancer Center. An April 9 broadcast of NBC’s Today show also focused on the topic. On April 15, the National Toxicology Program released a report on BPA. The report agrees with the conclusion of the Center for the Evaluation of Risks to Human Reproduction (CERHR) Expert Panel on BPA that there is some concern over BPAs impact on fetuses, infants, and children, especially upon the prostate gland, mammary gland, and an earlier age for puberty in females.

In response to the report, the TIA reminds readers that the study says that more research is needed in the area of BPA, but that the TIA does not support restrictions and regulations of BPA. However, the TIA says, “TIA supports federal legislative efforts to strengthen toy safety laws and believes that a national, unified set of regulations is the best approach to ensure the safety of our nation’s children.”

WASHINGTON STATE
On April 1, 2008, Washington State Governor Chris Gregoire signed the Children’s Safe Products Act (House Bill 2647) into law. The Act is widely considered the country’s most strict toy safety law so far. Scheduled to go into effect in the summer of 2009, the law is intended to cut the amount of cadmium, lead, and phthalates in toys as well as children’s jewelry, car seats and other items. Gregoire did remove certain parts of the bill for fear it would offer too much of a ban on toys, but kept some strong restrictions against the aforementioned chemicals. The American Chemistry Council, against the bill, said that phthalates are safe and are considering legal action against Washington. An in-depth story on this subject can be found at SafeToys.com.

OTHER STATES
A March 25 article in the Wall Street Journal says that Illinois and Michigan have already enacted new lead laws, a ban on phthalates is due to take effect in California next year, and there are legislative battles growing in 10 states, including Connecticut, Maine, Maryland, Massachusetts, Minnesota, Vermont and Wisconsin.

A March 2 article in the Miami Herald says that Florida’s Children’s Toy Safety Act (HB 467 and SB 886) would require toy manufacturers selling products in Florida to complete independent, third-party testing to certify that its toys comply with standards set by the CPSC.

According to Stateline.org, Michigan’s law of last December bans “all toxins” in toys and specifically outlaws lead in children’s jewelry. New Jersey’s law of August 2007, and Oregon’s law on March 2008, block the sale of recalled toys. In addition, says Stateline.org, the states’ actions have lead to major changes by Wal-Mart and Toys “R” Us, including stricter toy testing standards and the elimination of lead, phthalates and other toxins so they can apply California’s standard to toys nationwide.