Toxic Toy Regulations Take Shape Across States, Nation

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OAKLAND, Calif. -- The contents of toys continues to be a major concern for government and business, as Washington state lawmakers recently passed the strictest restrictions on toy lead content. More than two dozen other states have either passed or are considering new laws regarding lead, cadmium, phthalates and other materials in toys.

Since the wave of prominent toy recalls over lead content and other dangers in summer 2007 took millions of toys off store shelves and out of homes, heightened attention has been given to the safety of toys, jewelry and other items designed for kids.

While some toy companies and retail stores have made their own self-policing goals, more states have gotten involved, setting or planning individual restrictions. The federal standard for allowable levels of lead is currently 600 parts per million (ppm). Washington's toy safety bill, which is expected to be approved by Gov. Chris Gregoire, the Wall Street Journal reports, sets the allowable level for lead in toys and other items at 90 ppm and could bring that down to 40 ppm. The bill, which would go into effect in July 2009, also addresses limits on the metal cadmium and phthalates, chemicals used to soften plastic.

In a rundown of current state proposals, the Wall Street Journal reports 29 state legislatures are looking at toy safety bills, phthalates will be banned from toys for kids under age 3 in California next year, and Michigan and Illinois have passed new lad laws, though they are less severe than Washington's proposed rules. Not all bills address the same materials or limits. Most cover lead and phthalates, and some set restrictions on mercury and various toxins.

Some companies have already have action. Late last year Target announced it would reduce or eliminate PVC in its own products and packaging as well as phase out phthalates from its own brand of toys by this fall. Toys "R" Us recently set new lead restrictions for items manufactured exclusively for itself, allowing up to 90 ppm for lead in surface coatings of products and 250 ppm for lead in substrate materials. The company plans to phase out phthalates by the end of the year for juvenile products sold at Toys "R" Us and Babies "R" Us stores.

Some toy companies oppose the increased enforcement for a myriad of reasons. Complaints range from saying a patchwork of regulations that vary state-by-state would make doing business difficult, to decrying the extra cost of testing their products to ensure they meet the standards.

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