LANSING – The Michigan House of Representatives today passed a series of bills that will help parents better protect Michigan's children from toys containing toxic chemicals by requiring manufacturers to report what chemicals they use in the production of toys and other children's products 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.
"Toy manufacturers have a responsibility to consumers to disclose exactly what is in their products," said State Representative Rebekah Warren (D-Ann Arbor). "Unfortunately, we continue to hear about newly discovered toxic toys. Passing this plan today will ensure that Michigan consumers know what harmful substances are in their children's toys and help them make informed decisions for their families."
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.
From this initial list, DCH 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, household dust, human breast milk or cord blood. DCH will make this information easily accessible to the public through a Web site or other means.
"Prolonged exposure to toys containing chemicals can greatly affect our children's health and growth," said State Representative Dian Slavens (D-Canton). "We've learned the hard way that even small amounts of chemicals can have a negative impact on a child's ability to reach his or her full potential. The well-being of our children is simply too important to ignore."
Under the plan, large manufacturers and distributors of children's products that contain "chemicals of highest concern" will have to publicly identify which of their products contain the chemicals, how much they contain and the reason why the chemical is in the product.
"There is absolutely no reason for toy makers to use dangerous chemicals when safer alternatives exist," said State Representative Jennifer Haase (D-Richmond). "As lawmakers we have an obligation to put our residents' best interests first. Today, we are taking action to give parents peace of mind and help protect our children."
Manufacturers who fail to comply with the reporting requirements will face 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.
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.
"The toys that could harm our children come from manufacturers we have trusted since some of us were children ourselves," said State Representative Judy Nerat (D-Menominee). "We simply cannot stand idly by as manufacturers put dangerous toxins in our children's most beloved toys. There is no penalty strict enough when a product harms a child."
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. Many of these products are made overseas in China and other nations.
"As legislators and parents, its flat-out unacceptable that we can unknowingly put our children in harm's way by
giving them a toy we assume to be harmless," said State Representative Kate Segal
(D-Battle Creek). "Toys that contain chemicals like mercury and arsenic have no place on store shelves. This
comprehensive plan creates stronger consumer protection laws that hold manufacturers accountable and will help give
parents the tools they need to protect their children."