Law to Keep Dangerous Toys Away from Children

After the discovery last year that some one million cribs equipped with side rails that could strangle infants and 175 million pieces of children's jewelry containing lead were being sold, 2007 was dubbed "Year of the Recall" by Consumer Reports. Though it is obvious that potentially deadly products should be removed from the market, recalls like the ones for crib rails and leaded jewelry had previously been entirely voluntary. There was no obligation to take the products off the shelves or even give consumer notice of the recall.

AB 1860 now requires that recalled toys and other consumer products be removed when they pose a safety risk. AB 1860 also prohibits the sale of recalled products as a way to prevent the items from surfacing on the Internet or at second-hand stores. It also imposes stiff fines against those who sell recalled products. Additionally, the bill requires proper disposal of recalled products, posting of recall notices on manufacturer websites and in stores along with a notification system to alert consumers to product recalls.

In August 2007, Injury Prevention, an international journal for health professionals, published a study that found 190 auctions of recalled products on eBay in a 30-day period. The study, which used a list of 150 randomly selected recalled children's products, found that 70 percent of those recalled items were ultimately sold.

"AB 1860 will hold manufacturers and retailers accountable for removing dangerous products from the marketplace, thereby protecting consumers from unknowingly harming themselves or their families," Assemblymember Jared Huffman, D-San Rafael concluded.

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