Senate panel grills toy industry over safety issues

WASHINGTON D.C. —On the cusp of the industry’s make-or-break toy selling season, the Senate is cracking down on safety standards, recently shattered by multiple high-profile recalls.

The Senate special hearing on toy safety took place on Sept. 12 as the witnesses came to a consensus that the toy industry needs to focus on maintaining higher standards on testing for hazardous materials, like lead; shorten the timeframe between the problem identification period and recall; and revamp the Consumer Product Safety Commission.

Mattel chairman and ceo Robert Eckert started off with a public apology on behalf of Mattel and its 30,000 employees for the multiple recalls as the result of lead paint found on products. The hard-learned lesson evoked immediate investigations and alterations to safety protocols. “If it can happen to a reputable company like Mattel,” said Eckert. “It can happen to any toy manufacturer.”

The company has implemented a three-point safety check system to enforce compliance for all regulations applicable to lead paint: the paint purchased must be from certified suppliers and then re-tested by Mattel certified labs; samples of finished painted product from the production must be tested; and Mattel plans to increase the frequency of random, unannounced inspections of vendors and subcontractors to ensure quality and safety procedures are in compliance with paint standards.

Senator Sam Brownback wasn’t completely convinced, however. His rebuke: “We can do spot testing and random testing and if the system is flawed we are asking for problems.” A point well taken since Mattel uncovered, through its own investigation, that certain vendors and subcontractors violated established rules in the past.

Hazardous paint is only a subcomponent of the safety concern. CPSC and toy retailers must also focus on protecting the public from potential risks and manufacturer defects. “We recognize that the issue of toy safety goes well beyond business and directly to the well-being of the families we serve,” said Jerry Storch, chairman and ceo of Toys “R” Us. “We have reiterated that simple, single fact to our employees, suppliers and business partners. We will not tolerate products that do not meet our rigorous safety standards.”

To accommodate these standards, Toys “R” Us, the largest vertical toy retailer in the nation, has enacted new initiatives to keep customers in the forefront when it comes to toy safety, like supporting the proposed federal legislation to help build a more effective CPSC and buckling down on recall regulations.

“We believe the recall process itself could be improved in two ways,” said Storch. “First, we support legislation shortening the timeframes during the period between identification of a problem and the eventual recall of that product. Second, we also believe that production code stamping of products and packaging would significantly help in tracing potential safety issues.” In addition, Toys “R” Us plans to mandate that all vendors submit a certification of testing for each batch of product coming in.

Although, Toys “R” Us may be taking steps to protect the consumer, CPSC is lacking in resources. Sally Greenberg, senior product safety counsel, Consumers Union, said that the organization has not requested money that is ultimately necessary to perform adequately. “We need to put this agency on a course of steady increase,” she said. Greenberg suggests hiring additional employees, creating a budget, maintaining the lab and seeking out additional resources.

The big question, however, was the discrepancy of the lead standards in products for children. Unfortunately, minimal lead traces are prevalent—particularly in vinyl—and, according to Eckert, Mattel products use six parts per million. “I don’t know if one can find zero lead,” he adds. Since there are no definitive lead standards, the industry has to wait for further scientific developments.

Children’s products are nothing to toy with, especially in Brazil, which has banned Mattel imports indefinitely—even though there have been no reported cases there—until the government can evaluate if the company is abiding local safety regulations in full. “The goal is to halt defective toys in the company’s worldwide recall list from entering Brazil,” said the Trade and Development Ministry’s web site.

On the bright side, Toys “R” Us is tackling safety problems head on. “Recent events have ‘catalyzed’ increased scrutiny in manufacturing, tighter controls and substantially more and more product testing,” said Storch. “This is good news for us and our customers. Against this backdrop, and with the combination of these efforts by retailers, regulators, and manufacturers, we believe that together we will make this the safest of holiday seasons for American consumers.”