Fighting back the tide of dangerous products

Given the record number of toy recalls over the past year, every parent today is wondering about the lurking dangers in their children’s toy chests. It shouldn’t be that way. The Consumer Product Safety Commission (CPSC) was once a trusted agency. But, after continuous budget and personnel cuts over the past few years, it is now in serious distress. As a result, companies can get by with selling Barbie accessories coated with lead paint; or a fake eyeball toy filled with kerosene; or magnets from a building block set that are squeezing children’s intestines shut when swallowed. Just this Easter we saw 13,000 camouflage eggs and spinning egg top toys recalled because they were covered with unacceptable levels of lead paint. The price is simply too high to let these dangerous toys slip into the marketplace.

That’s why, as chairman of the Subcommittee on Consumer Affairs, I have been steadfastly working toward a solution that will protect consumers from toxic toys and other dangerous products. During my effort to get this legislation passed, I met Shelby Esses from Jacksonville, Ark. Her 20-month-old son Jack is one of 33.6 million Americans injured every year by an unsafe product. A startling 28,200 Americans are less fortunate, and die as a result of their injuries each year. Jack lapsed into a six-hour coma after swallowing pieces of a highly popular craft toy. At the time, Aqua Dots was named the 2007 toy of the year. It was later revealed that the toy contained a substance that metabolizes into GHB, a chemical commonly known as the “date-rape drug.”

After her harrowing ordeal, Mrs. Esses was determined to alert other parents to the situation and ensure they didn’t go through the same experience. She attempted to contact the toy’s manufacturer and was later told by the CPSC there was nothing more she could do than file a complaint and wait. Due to staff shortages and excessive red tape, that waiting period can take months or years before an official recall is issued.

The Senate answered the calls of moms and dads like the Esses family to keep these dangerous products off of our store shelves and out of our homes. In a strong showing of bipartisanship, we passed the CPSC Reform Act to add layers of protections for consumers — from the factory floor to the store shelves. The legislation infuses the withering CPSC with new resources and authority, bans lead in children’s toys and arms the public with faster information through a public database when a potential problem emerges. It also allows attorneys general to complement the consumer safety efforts being conducted on the federal level. As a former state attorney general, I’m confident the additional expertise and resources attorneys general bring to the table will further protect families from unnecessary harm.

While some companies are taking responsible steps to test products and restore their reputation following major recalls, this bill encourages all companies to place consumer safety above their bottom line. It mandates third party safety certification on children’s products and whistleblower protections for employees to report problems along the supply chain. One of my objectives for comprehensive reform is to reduce recalls. This means less injury, less lawsuits and less hassles for retailers.

It also calls for increased civil and criminal penalties. Currently, the maximum civil penalty any company can face is $1.8 million. This is a drop in the bucket when you consider the profit major corporations usually gain on the sale of a product. For example, last month Reebok agreed to pay a $1 million fine for importing and distributing 300,000 lead charms four years ago. For nearly two years, these charm bracelets were free with the purchase of a pair of shoes ranging between $33 and $50. That means Reebok made between $9 million and $15 million from these sales. A 4-year-old boy died after ingesting the lead-coated charm, and other children were severely injured. The CPSC heralded this fine as the largest civil penalty for violating the Federal Hazardous Substances Act in its history. I view it as an insult, and would like to see the penalty structure more in line with what other federal agencies can impose as a deterrent.

I’m looking forward to working with Rep. John Dingell (D-Mich.) and others to reconcile differences between the Senate and House versions of this legislation. I’m confident we will produce a solid, aggressive bill for president Bush to sign. Parents are counting on us to implement meaningful reform and fight back against the tide of dangerous toys and products entering our homes.

Pryor is a member of the Senate Commerce, Science and Transportation Committee.