This week's recall of 800,000 Mattel toys could result in better oversight by manufacturers, but one child safety expert warns that more lead-contaminated toys are likely to infest the U.S. market and that the safety agency charged with filtering unsafe toys cannot handle the load.
As a result of two major recalls of lead-tainted toys in August, Mattel spokespeople say the company has stepped up efforts to examine all toys manufactured past and present.
Allen Korn, director of public policy and general counsel for Safe Kids USA, a nonprofit that works to prevent child injury, said he expects other major toy manufacturers to do the same before the Christmas shopping season.
But while these major recalls of Chinese toys appear to have yielded some positives, Korn said many smaller foreign toy manufacturers may not care about hurting their brand image and it's possible they will continue to use the cheaper lead-based products in their toys.
He also warned that the agency charged with filtering dangerous toys is incapable of doing so.
The Consumer Product Safety Commission (CPSC) is withering on the vine and needs a shot of water and fertilizer, Korn said.
Among many of the agency's publicized woes, is a shrinking, demoralized staff. Nowhere is this more evident than at the ports where hundreds of millions of truckloads of products that the agency inspects are imported into the U.S.
No-Shows
Although the CPSC would not confirm it, reliable reports indicate the agency only has 15 inspectors for the entire nation. According to The New York Times, at least one of them almost never shows up to work.
When an agency has jurisdiction over so many products, there needs to be a vigorous inspection network and clearly there isn't, Korn said.
Korn said the agency is particularly weak because it has a very limited ability to fine companies that withhold information about a recalled product. Mattel has been accused of doing this at least twice.
According to the agency's governing statute, the Consumer Product Safety Act, a company has 24 hours to inform the CPSC if it believes one of its products could be dangerous. If it does not do so in that time frame, the most the agency can fine any company is $1.8 million, which often is far less financial damage than what most recalls would cost in consumer reimbursements, lost inventory and negative press.
Often, that small fine is negotiated down, too, Korn said. It's an economic disincentive to do the right thing.
The agency's remaining two commissioners have submitted reauthorization proposals to Congress. If Congress adopts the proposals, the agency would have greater authority to impose fines..
Until then, Korn warns that parents should take some precautions:
• Sign up for the CPSC's recall alerts, which are also published on ConsumerAffairs.com's recalls section and included in our free daily and weekly newsletters.
• Check past recalls.
• If any toys in a home have been recalled due to lead, you should consider taking your children to a pediatrician to be checked since lead poisoning symptoms are often not immediately noticeable.
• If a product comes with a recall registration card, fill it out so the manufacturer can contact you directly in the case of a recall.
• For smaller, less expensive toys, reconsider just throwing them away. Instead, get a refund or a replacement to test whether the recall works and also to hold the manufacturer responsible. If you have any problems getting a refund, file a complaint with ConsumerAffairs.com.
