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Sierra Club Takes Action to Protect Children from Lead Exposure

Case Updates:

February 1, 2008

As part of the settlement with Sierra Club and Improving Kids’ Environment, the Environmental Protection Agency has published a rule requiring importers of children’s products to disclose previously unpublished health and safety studies regarding lead in those products. This final step in the settlement creates a proactive system to lessen children’s exposure to lead.

"We are pleased that the EPA is finally using its authority to begin to correct this widespread problem," said Jessica Frohman, Co-Chair of the Sierra Club’s National Toxics Committee. "If enforced, the added benefit of industry’s studies should help EPA protect kids from dangerous lead toys."

Despite the developmental damage lead causes, the federal government has had no idea which children's products contain lead. With the help of the new rulemaking, EPA will now be able to access more information about imported children’s products. The rulemaking requires companies to submit all unpublished health and safety studies that relate to lead content of consumer products that are ‘‘intended for use by children’’ and those studies that assess children’s exposure to lead from such products. Children’s metal jewelry is exempt because EPA indicated it already has enough information on the danger posed by those products.

The rulemaking can only make a difference if industry complies appropriately. While the Sierra Club is thrilled to see the rulemaking completed, the organization will remain vigilant of both industry and EPA to ensure compliance for children’s health protection.

November 9, 2007

Check out the Sierra Club's new animation to raise awareness  about the threats to our children's safety! 

October 18, 2007

On Thursday October 18, 2007 Sierra Club product safety expert Tom Neltner testified at the Senate Committee on Environment and Public Works hearing to address recent product recalls and the effects of lead on children. With product recalls continuing and the holiday gift-giving season approaching, the Sierra Club called for tougher rules and enforcement mechanisms to protect our children.  Read his testimony here!

Experts from the Sierra Club and other organizations testified that parents, local health departments, and children’s health advocates have lost faith in the federal government’s ability and commitment to protect children from lead poisoning.

August 2, 2007

On August 2nd, 2007 the Sierra Club issued a statement in reaction to Mattel Corporation's recall of nearly 1 million lead painted Fisher-Price toys;  read the statement of Sierra Club Executive Director Carl Pope here!

July 25, 2007

Today the Sierra Club took the next step to  limit children’s exposure to toxic lead- putting 10 companies on notice for failing to notify EPA of  health risks associated with their products; all 10 notice letters are available at the bottom of this page. With almost 30 recalls of lead-containing children’s products this year alone, most of which were manufactured and imported from China, the Sierra Club is acting to protect U.S. children from further potential hazards by ensuring the laws protecting our children are adequately enforced.

“Companies need to be held accountable for failing to report dangers posed by their products,” said Jessica Frohman, co-chair of the Sierra Club’s National Toxic Committee. “The fact that we are seeing some repeat offenders proves that we are unfortunately unable to trust that violators will voluntarily reform themselves. Laws ensuring product safety reporting need to be strictly enforced to protect this country’s kids.”

Read the full press release and learn more about this case here!

June 24, 2007

Read the Tampa Tribune's feature on "Toxic Trinkets" which explores the prescence of lead in children's products!

April 18, 2007

In a momentous settlement with the Sierra Club and Improving Kids' Environment, the EPA agreed on April 13 to take the first critical steps to safeguard children from toxic toys. Amongst the EPA's actions, it will send a letter to up to 120 companies warning them about the danger of lead in consumer products and their duty to notify EPA about risks that may lead to a recall. The agency must also alert the Consumer Product Safety Commission to the need to consider quality control problems by companies importing and/or distributing children's jewelry.

 Read the settlement agreement.
 Read the Sierra Club press release.
 In the news:  EPA agrees to cut lead in kids' products.
 Read comments submitted to the Consumer Product Safety Commission.

December 8, 2006

In a victory for children's health and the environment, a key federal agency took an important step to protect millions of America's children from toxic lead poisoning by banning leaded toy jewelry.  In response to the Sierra Club's legal challenge, the Consumer Product Safety Commission voted to invoke a nationwide ban on toy jewelry marketed to children containing more than 0.06% lead.  In the decision issued on December 11, 2006, acting chairman Nancy A. Nord stated "The Commission has a long history of protecting children from lead hazards and the vote today to grant the petition".

The Sierra Club petitioned both EPA and the Consumer Product Safety Commission earlier this year after a child in Minnesota died as a result of eating a pendant containing lead on a pair of Reebok shoe.  In their petition the Club urged the agencies to take preventative action.  In marked contrast to the proactive approach of the Commission, EPA denied the Sierra Club's petition.  Specifically, the agency refused to require companies to submit health and safety studies regarding lead in their products and to require companies who already had products recalled for lead to document that they have protections in place to stop it from happening again.  In September, the Sierra Club, with support from the state attorneys general from New York and Illinois, went to court to force EPA to take action to protect families. 

September 14, 2006

On September 14th, 2006 the Sierra Club took action to protect children from the dangers of lead when it asked a federal court to force the Environmental Protection Agency (EPA) to use its authority to address the problem of lead in toy jewelry. In response to the dangerously common use of lead in toy and costume jewelry, in April 2006 the Club asked the EPA to take measures necessary to protect America’s children by regulating lead usage. The EPA denied the Club’s petition, refusing to deal with this serious threat. The harmful health effects of lead poisoning in children are well-documented, with consequences that are long-lasting and potentially fatal; EPA regulations are necessary to prevent children from being exposed to this toxin.

Read more:

Sierra Club Press Release
September 14, 2006

How to Keep Your Children Safe From Lead
Sierra Club Safe and Healthy Communities Initiative

Details and Documents:

News Articles:

Expert Urges Congress to Lower Safe Lead Level
October 18, 2007 by Todd Zwillich, WebMD Medical News

'Robbie Ducky' Kids Watering Cans Recalled
August 27, 2007 by Reuters, Consumer Affairs

US, China have fought tightening rules on lead
August 21, 2007 by Kevin G. Hall, The Seattle Times

Huge Toy Recall Scares Parents
August 15, 2007 by Mary Shedden and Baird Helgeson, The Tampa Tribune

Consumer Product Safety Commission wants lead out of children's products
August 15, 2007  by Jane Kay, The San Francisco Chronicle

Durbin calls for product safety changes
August 14, 2007  by Mary Tallon, Herald and Review

Bid to root out lead trinkets falters in US
August 6, 2007  by Eric Lipton and Louise Story, The New York Times

Toy recall will cost Mattel $30 million
August 2, 2007  Miami Herald

Activists Threaten Suit Over Lead-Laden Goods
July 30, 2007 by Gordon Fairclough and Kathy Chen Wall Street Journal

Recall targets 'baby bling' pacifier, including products of two South Florida companies
July 27, 2007 by Diane C. Lade South Florida Sun Sentinel

Regulators move on ban of children's jewelry containing lead
December 28, 2006 by Natasha Metzler (AP) San Francisco Gate

Limit set on amount of lead in children's jewelry
December 12, 2006 by Jayne O'Donnell USA Today

Toxic levels of lead found in Washington tourist trinkets
December 12, 2006 by Adam Sichko San Jose Mercury News

Government Considers Banning Lead in Children's Jewelry
December 7, 2006 by Annys Shin and Juliet Eilperin Washington Post

Suit filed to ban toy jewelry with lead
September 15, 2006 by Terrence Chea (AP) Seattle Times

Often undetected, lead poisoning new risk to kids
September 5, 2006 by Tammy Webber Indiana Star

Case Documents:

Notice Letter to A&A Global Industries
July 25, 2007

Notice Letter to Atico International USA, Inc.
July 25, 2007

Notice Letter to Cardinal Distributing Co., Inc.
July 25, 2007

Notice Letter to Dollar General Merchandising, Inc.
July 25, 2007

Notice Letter to Mattel, Inc.
August 4, 2007

Notice Letter to Oriental Trading Company, Inc.
July 25, 2007

Notice Letter to RC2
July 25, 2007

Notice Letter to Rhode Island Novelty
July 25, 2007

Notice Letter to Samara Brothers LLC
July 25, 2007

Notice Letter to Target Stores
July 25, 2007

Notice Letter to US Toy Co., Inc.
July 25, 2007

Sierra Club's Petition to the Environmental Protection Agency and the Consumer Products Safety Commission
April 17, 2006

Environmental Protection Agency's Denial of the Club Petition
July 19, 2006

Sierra Club's Complaint Against the Environmental Protection Agency's Denial of the Club Petition
September 14, 2006

CPSC Federal Register Notice
Published January 2, 2007 and open for comments until March 27, 2007

Sierra Club's Comments to the Consumer Product Safety Commission
February 7, 2007

Comments in support of the Club's petitions asking the U.S. Environmental Protection Agency (EPA) and the U.S. Consumer Products (CPSC) Safety Commission to take action to protect children from toy jewelry containing lead:

Attorney General for the State of New York to both EPA and CPSC

The City of New York Department of Health and Mental Hygiene to CPSC

Attorney General for the State of Illinois to CPSC

Attorney General for the State of Illinois to EPA

The City of Chicago Department of Public Health to EPA

The Minnesota Pollution Control Agency to EPA