LANSING – In a move to help parents better protect Michigan's children from toys containing toxic chemicals, Washtenaw County lawmakers Rebekah Warren (D-Ann Arbor) and Alma Wheeler Smith (D-Salem) today announced a plan that will require manufacturers of children's toys and products to report what chemicals they use in the production of toys sold in Michigan. Manufacturers who fail to comply with the reporting requirements will be forced to pay penalties and have their products pulled from the shelves.
"Toy manufacturers have a responsibility to consumers to disclose exactly what is in their products," said Warren, a sponsor of the package. "Unfortunately despite this responsibility, we continue to find deadly toxins in toys such as Barbie and Mr. Potato Head. This plan will ensure that Michigan consumers are no longer left in the dark about the toys we buy for our children, enabling parents to make informed decisions for their families."
The legislation, known as the Michigan Children's Safe Products Act, is a seven-bill package designed to give parents the tools they need to protect their children from harmful chemicals. The plan requires the Michigan Department of Community Health (DCH) to create a list of "chemicals of concern" – those known to cause cancer, reproductive or developmental harm, neurological damage or hormone disruption – by 2011.
"Too many toys are made of materials containing toxic chemicals that harm our children," Smith said. "Even in small
amounts, these chemicals can prevent a child from reaching his or her full potential and cause severe health problems.
Hazardous chemicals have no place in toys and we must act now before any more children are put in harm's way."
From this initial list, DCH by 2012 will create and regularly update a list of "chemicals of highest concern"
based on their use in children's products and their presence in children, household dust, human breast milk or cord
blood. The DCH will make this information easily accessible to the public through a Web site or other means.
Under the plan, large manufacturers and distributors of children's products that contain "chemicals of highest concern"
will have to publicly identify what products contain the chemicals,
how much they contain and the reason why the chemical is in the product. They also must identify the number of toys distributed for sale in Michigan or nationally.
Manufacturers who fail to comply with the reporting requirements will face monetary penalties of up to $5,000 for the
first offense, up to $25,000 for the second offense and up to $50,000 for the third or subsequent offense. Those who
knowingly violate the act will face a fine of up to $150,000.
Manufacturers who don't comply with the rules could see their products pulled off the shelves by the Attorney General
and the further sale of those products in Michigan would be prohibited. The plan also encourages DCH, along with the
Department of Environmental Quality to participate in an interstate clearinghouse to share information and promote
safer alternatives.
Chronic exposure to toxic chemicals in children's toys, such as arsenic, mercury and bromine have been linked to reproductive problems, developmental and learning disabilities, hormone problems and cancer. These chemicals have been found in popular toys such as Dora the Explorer lunch bags, Playskool's Mr. Potato Head, Mattel's Ballerina Barbie, Disney's High School Musical belts and necklaces, and Little Tikes bath letters and numbers.
"The consequences of prolonged exposure to toys containing these chemicals are too great to ignore," Warren said. "We simply cannot stand idly by as manufacturers put hazardous chemicals like mercury and arsenic in some of our children's most beloved toys. We must push for stronger consumer protection laws that hold manufacturers accountable and ensure that toys that do not meet these standards come off the shelves."