By Feb. 10, the new benchmark would be a total lead content of 600 parts per million, which will be set to 300 ppm by Aug. 10 and may be further adjusted to 100 ppm after three years, if the new standard will be feasible.
Companies have only until Feb. 10 to sell their products that would fail to meet CPSC's standard, including exports. Beyond that date, producers and retailers had to take off the shelf and maybe destroy the products that fail to meet the higher benchmarks, Gary Wolensky, a partner of the law firm which represents companies in product-liability cases, told Washington Post.
The new standards became law Aug. 14. Toys "R" Us said play items in their outlets already meet the benchmarks, while RC2 had already recalled millions of Thomas and Friends toys which failed to pass the lead standards. The lead limits are applicable on products for children up to age 12, a limit set by Congress which surprised clothing and electronic manufacturers.
Frederick Locker, a lawyer who represents producers of children's products, criticized the decision of CPSC general counsel Cheryl Falvey as too narrow. If it would be applied retroactively, Locker said the economy would be harmed.
The new law also prohibited the use of the plastic chemical phthalates, which has been linked to problems in reproductive health.
Meanwhile, 24 stores led by Toys "R" Us and Kmart have voluntarily recalled bassinets with Graco logo and Winnie the Pooh motif which were part of the Simplicity recalled announced by the CPSC Aug. 28. The 24 outlets will refund or grant store credits to buyers who return the deadly bassinets.
The recall was prompted by the Aug.21 death of a six-and-a-half-month old infant girl from Kansas who strangled to death when she was trapped between the bassinet's metal. It was the second incident of deaths involving co-sleeper bassinets.
