Tag Archives: toxic toys

More Lawsuits: AG Brown Sues Mattel, Automakers Sue State

Let’s turn Calitics into Court TV for a little while, shall we?  In addition to Debra Bowen suing ES&S, Jerry Brown has made the strongest move to date against companies who profited from toxic toys made in China, suing Mattel, Toys “R” Us and about 20 other companies for “knowingly” selling the products with illegal amounts of lead.

The suit, filed in Alameda County Superior Court, alleges the companies knowingly exposed children to lead and failed to provide warning of the risk, which is required under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65.

If the suit is successful, the companies could pay a $2,500 fine for each violation, according to the complaint […]

The suit, which was joined by the Los Angeles city attorney’s office, also named as defendants Wal-Mart, Target, Sears, KB Toys, Costco Wholesale and others.

That could add up in a hurry, when you consider the millions of lead-filled toys in California that have been sold.

Meanwhile, the state isn’t the only with prosecuting attorneys, as the auto industry is challenging the state’s global warming law in a Fresno District Court.

Lawyers for car manufacturers, dealers and trade associations said California’s 2002 law, the model for statutes in 11 other states, amounted to a requirement for higher gas mileage, a subject that only the federal government can regulate.

Although federal law allows California to take a lead role in reducing air pollution, Congress never “intended a single state to have such sweeping authority to unilaterally set national fuel economy policy … and profoundly affect a vital national industry,” said Raymond Ludwiszewski, lawyer for a trade group of international automakers.

But U.S. District Judge Anthony Ishii suggested that the industry’s argument had been undercut by a U.S. Supreme Court ruling in April upholding the federal government’s authority to limit emissions of greenhouse gases.

The district judge will follow precedent here; this lawsuit is frivolous.  But the point is to buy time.  Meanwhile, the EPA is still foot-dragging on granting a waiver that would put the 2002 tailpipe emissions law into effect, and the state has sued the federal government over that.

Thanks to everyone who helped us ban toxic toys!

(No, Thank you Assemblymember Ma! Minor spacing edits and the added picture of the ducky. – promoted by Brian Leubitz)

IMG_2745On Sunday, Governor Schwarzenegger signed AB 1108, the bill I introduced to remove toxic toys from our shelves. 

It was only a few weeks ago that we started an online campaign urging Governor Schwarzenegger to sign this crucial piece of legislation.  We had hundreds of grassroots supporters email the Governor demanding that he pass the ban — now, parents will be no longer have to worry about the safety of the products that they buy for their toddlers.  Thank you to everyone who supported this bill and pushed for its passage!

As many of you may know (especially if you’ve been reading Calitics!), AB 1108 prohibits manufacturers from selling plastic products intended for young children that contain the toxic chemical phthalates.  Phthalates are used by manufacturers to make plastics softer — and can be found in children’s products like rubber duckies and soft bathtub books.  According to the Environment California Research and Policy Center, these chemicals can be particularly harmful for children under the age of three, with exposure leading to hormonal disruptions, early onset of puberty, reproductive impairment, ADHD, and even cancer.

That’s why I’m so thrilled with our success in passing the ban against these toys here in California.  It was a real struggle to convince the Governor to sign the bill particularly because, unsurprisingly, the chemical industry lobbied hard against this common-sense legislation.  But thanks to your dedication, we overcame the challenge and persuaded the Governor to pass AB 1108. 

California is now leading our nation in the fight against these unnecessary additives in baby products — as we should. With phthalates now banned from children’s toys here in our state, I look forward to working with Americans across the country to ensure that these dangerous products are banned throughout the nation as well! 

If you’d join me and thousands of other Californians as we work to improve our state on issues ranging from the economy to education to health care,  you can click here to sign up for the Ma Squad today!