LANSING – In a move to help parents better protect Michigan's children from toys containing toxic chemicals, House Democrats 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 that fail to comply with the reporting requirements will be forced to pay penalties and have their products pulled from the shelves.
"It is absolutely unacceptable that harmful substances such as arsenic and mercury are so commonplace as to be found in Barbie and Mr. Potato Head," said State Representative Rebekah Warren, sponsor of the package. "Parents have a right to know that these dangerous toxins are in their children's toys so they can make informed decisions for their families. This plan will ensure that Michigan consumers can do just that by requiring manufacturers to fully disclose the contents of these toys."
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.
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's bodies, 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.
"Too many toxic toys and other dangerous products have flooded our markets from other nations," said State Representative Mark Meadows (D-East Lansing). "Michigan consumers need to know if dangerous toxins like lead, bromine, DECA and mercury are in children's products in order to protect Michigan's children."
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.
"Forcing toy manufacturers to disclose what chemicals are in their toys will be a crucial step in making these products safer," said State Representative Joan Bauer (D-Lansing). "I'm confident that the plan outlined by my colleagues and I will help protect our children and ensure their health isn't put at risk."
Manufacturers that 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.
"If a manufacturer refuses to report dangerous chemicals in children's products, they will have their products removed from store shelves and face stiff penalties," said State Representative Dian Slavens (D-Canton), a health care provider with more than 20 years experience. "This plan is protecting our kids from the dangers of toxic toys – often manufactured overseas – and holding bad actors accountable when they put our children at risk."
Manufacturers that 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.
"There is absolutely no excuse to use these toxins when safer alternatives exist that will allow us to better protect our children," said State Representative Barb Byrum (D-Onondaga). "Our plan will force the disclosure of harmful chemicals and promote better, safer alternatives so we can keep our kids safe."
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.
"Our children are too important to be left in harm's way of these hazardous chemicals," said State Representative Doug Geiss (D-Taylor), a sponsor of the plan. "For our children's sake, it is time for Michigan to take action to ensure that our parents have peace of mind when they purchase toys and other products for their children."