Package requires businesses to quickly pull dangerous items off shelves
LANSING — In response to the alarming rash of product recalls this year that have put Michigan consumers at risk, House Democrats today unveiled a comprehensive plan that will require businesses to quickly remove dangerous products from their shelves and require the Attorney General's Office to take extra precautions to notify consumers of potential threats. The plan also gives Michigan residents full access to justice when they are harmed by hazardous recalled items.
"With the holiday season here, Michigan shoppers should be concerned with finding the best gifts for their loved ones — they shouldn't have to worry about whether the products they buy will hurt their child, family member or best friend," said State Representative Marie Donigan (D-Royal Oak). "So many products have been recalled recently that it's hard to keep track of what's safe and what isn't. Our plan will require businesses to respond quickly and thoroughly to prevent more unnecessary tragedies from happening."
The House Democrats' "Contract with Consumers" will:
- Require businesses to remove recalled items from their shelves by the beginning of the next business day after a recall is announced. Businesses that don't comply would face fines.
- Require the Attorney General's Office to monitor recalls and determine if further steps must be taken to notify the public, including contacting local media or posting a prominent display in front of the store that features a picture of the product and a description of the risks faced by consumers.
- Give consumers full access to legal recourse when they are harmed by dangerous recalled products by holding all parties from the assembly line to the checkout line equally responsible.
"Earlier this year, Mattel recalled over 18 million popular children's toys containing magnets that can connect across intestines and rip through bowels when swallowed," said State Representative Barb Byrum (D-Onondaga). "While the vast majority have been removed, some of these toys may still be on the shelves. We all lead busy lives, and it's easy for recall announcements to fly under our radars. Having all the up-to-date information on a recalled product can mean the difference between life and death for our residents — especially our children."
This year has seen a record number of recalls, according to an Oct. 30 report compiled by Consumers Union, the nonprofit publisher of Consumer Reports magazine ¹. One million cribs that can separate and strangle infants, 175 million pieces of children's jewelry made with hazardous levels of lead, and 30 million pounds of ground beef contaminated with the E. coli bacteria all appeared on the list of recalls for 2007, the report said.
In the past month since that report was released, 175,000 Curious George plush dolls were recalled due to excessive levels of lead, 4.2 million Aqua Dots bead kits were recalled because a chemical contained in the coating on the beads can convert into the toxic "date rape" drug GHB when ingested, and 235,000 Nike football helmet chin strips were recalled because the chin strap's plastic cup can break as a result of contact, exposing the player to face or head injuries.
In 2006, 467 recalls were announced, and around half of those were for products made in China. Chinese products now represent 60 percent of all product recalls, compared with 36 percent of all product recalls seven years ago ². According to testimony given at an Oct. 27 hearing of the U.S. Senate Committee on Finance ³, more than 20 million toys manufactured in China were recalled over the summer. China now produces 80 percent of all toys sold in the United States.
"It is extremely important when a product has been recalled that this issue is immediately addressed and resolved," said House Speaker Pro Tempore Michael G. Sak (D-Grand Rapids). "The citizens of Michigan need to know that all products for the general public are safe. If they are found not to be, these companies will be held accountable."
This plan is part of House Democrats' broad approach to protecting consumers from dangerous products. In June, the House passed a plan that virtually eliminates the amount of lead that can be applied to children's toys sold in Michigan. In February, the House passed a package of bills to end the absolute immunity enjoyed by the big drug companies in Michigan when dangerous drugs such as Vioxx harm or kill.
¹ "2007: The Year of the Recall," http://www.consumersunion.org/pub/core_product_safety/005079.html
² Jeremy Quittner, The China Code, Business Week, Aug. 17, 2007, http://www.businessweek.com/smallbiz/content/aug2007/sb2007089_
716295.htm?chan=smallbiz_smallbiz+index+page_top+stories
³ Testimony of Jean Halloran, director, Food Policy Initiatives Consumers Union, http://www.senate.gov/~finance/hearings/testimony/2007test/101807testjh.pdf
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