Mattel Toy Recall: Not All Stores Have Removed the Toys

Phoenix, AZGovernments across the United States are responding to the recent recall of Mattel Toys due to possible lead paint poisoning. The concern is that some stores are still selling recalled products. Consumers are also responding to the recall with at least one class action lawsuit announced and others likely to follow.

An Arizona prosecutor has said that investigators will be sent into stores to search for recalled toys and to inspect other toys to see if they pose any risk to children. Retailers who keep toys on the shelf could face criminal nuisance charges, up to 30 days in jail and a fine of $500 for each violation.

In New York, health inspectors will visit stores looking for any toys that should have been taken down. Retailers who do not do so could face fines and legal action. According to the New York Attorney General, at least one in 10 stores in New York was still carrying the recalled toys a few days after the recall was announced.

A U.S. congressional committee is also getting involved by demanding that Mattel Inc. and other companies that recalled children's products tainted with lead provide information for a hearing. A hearing will also be held by the U.S. House subcommittee on commerce, trade and consumer protection on how to protect children from imported products that contain lead paint.

Meanwhile, a family has filed a class action lawsuit against Mattel Inc., alleging the company should be responsible for paying for testing to determine if children developed lead poisoning from playing with the company's toys. The suit claims that Mattel was negligent in allowing the toys to be painted with lead paint and should set up a fund to pay for medical monitoring.

Mattel recently recalled around a million toys after learning they were contaminated with lead paint. Recalled toys include Dora the Explorer, Sesame Street, and CARS characters. Exposure to lead can cause brain damage, seizures, developmental and behavioral difficulties, and in some cases death. Lead is permitted in paint that coats toys, but it must be in an amount of less than six parts per million. Lead paint is particularly problematic when it cracks, peels and flakes and can therefore be more easily ingested.

Parents who have recalled toys should get their children lead tested and join the class action lawsuit. If your children played with the recalled toys contact a lawyer to discuss your options.