RE - Attorney General Of New York

Transcription

STATEOFNEWYORKOFFICE OF THE ATTORNEY GENERALERICT. SCHNEIDERMANDIVISION OF SOCIAL JUSTICEATTORNEY GENERALENVIRONMENTAL PROTECTION BUREAUApril 21, 2016Chairman Elliot KayeUnited States Consumer Product Safety Commission4330 East West HighwayBethesda, Maryland 20814RE:Request for National Recall of Cra-Z-Art Children's Products Containing Lead inExcess ofConsumer Product Safety Standard of JOO parts per millionDear Chairman Kaye:Please accept this letter on behalf of the Office of the New York State Attorney Generalto convey to the Commission the results and findings of an investigation into the sale anddistribution of Cra-Z-Art children's products in New York that contain lead concentrations inexcess of 100 parts per million. Distribution of these products constitutes a violation of theConsumer Product Safety Improvement Act, 15 U.S.C. § 1278a(a)(2)(C), and warrants theCommission's initiation of an immediate nation-wide recall.In October 2015, November 2015, and February 2016, investigators from the AttorneyGeneral's Office visited several stores throughout New York State and purchased a number ofproducts intended for use by children. We sent those products to a laboratory accepted asaccredited to perform analytical testing for lead under 15 U.S.C. § 2063. The analytical resultsindicated that certain children's products exceed the CPSC's lead standard.The following children's products contain lead above 100 ppm: · Shimmer N' Sparkle Cra-Z-Art Cra-Z-Jewelz Gem Creations Ultimate Gem Machine(UPC 884920174504) Shimmer N' Sparkle Cra-Z-Art Cra-Z-Jewelz Gem Creations Gem Charm and Slider- Bracelets (UPC 884920174849) My Look Cra-Z-Art Cra-Z-Jewelz Gem Creations Ultimate Machine (UPC884920466340)Specifically, the components of these children's products that contained excess levels oflead were bands that resemble leather. Lead content in the products tested ranged from 120 ppmto 980 ppm. Attached are the sampling results showing that they contain lead in excess of 100THE CAPITOL, ALBANY, N.Y. 12224-0341. PHONE(518)776-2400. FAX(518)650-9363. www.ag.ny.gov

ppm, along with photographs of the products (Exhibit A). We believe these items present a riskto children due to their high lead content and that a national recall is warranted.RetailersThe following retailers sold and offered for sale the products listed above in stores inNew York and/or on-line via internet sites:Offered for Sale In-Store and On-LineOffered for Sale On-LineToys "R" UsKmartTargetAmazon.comWalmart. comSears.comYoyo.comFishpond. comJet.comDistributorsWe have identified the following distributors who we believe have imported, distributed,or caused these products to be available for sale:Shepher Distr 's and Sales Corp.LaRose Industries LLC d/bla Cra-Z-ArtNote that there may be additional importers and distributors of these products.It is in the public interest to remove these products, and any items that might be made ofsimilar materials, from store shelves and from internet sites. We therefore request that the CPSCimplement a nationwide recall of these products and any other products that contain excessiveconcentrations of lead.The Attorney General's Office has notified the stores and distributors of the testingresults and has requested that they initiate a voluntary recall. We have informed the retailers anddistributors that these products should immediately be removed from shelves and fromavailability over the internet, but should not be destroyed or otherwise made unavailable.The Attorney General is committed to protecting the health and safety of the children ofour State and takes CPSIA compliance issues very seriously. Our focus on children's exposureto toxic chemicals is critical to that commitment. Peer-reviewed studies have documented lead'shigh toxicity, especially to children under 7 years of age, and have confirmed that there is no safelevel of lead in blood. Indeed, even small amounts of lead are known to cause neurologicaldamage, learning disabilities, attention deficits, hyperactivity, irritability, and other behavioralproblems. At high levels, lead can cause brain damage and even death. Many of lead's healtheffects can be permanent. Children are at special risk due to their small body mass and rapidphysical development. Ensuring the safety of children's toys is therefore crucial.2

Thank you for considering our request for attention to this important matter and we lookforward to working with you further on assuring that children's products meet the CPSC's safetystandards. We are available to discuss this matter further with a CPSC representative.Very truly yours, ----.:Maureen F. LearyAssistant Attome GeneralNicholas C. ButtinoAssistant Attorney General(518) 776-2406Nicholas.Buttino@ag.ny.gov3

Exhibit A"Cra-Z-Art" Children's Products With Parts Found to Contain Lead InExcess Of 100 ppm Federal Child Safety LimitItem NameMy Look Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsGem Charm andSlider BraceletsUPC CodeItem Part884920466340Tan Material (Band)770884920174504Tan Material (Band)880Tan Material (Band 1)Tan Material (Band 2)884920174849Pink Material (Band 3)Tan Material (Band 3)Pink Material (Band 4)Tan Material (Band 4)ShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineMy Look Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle 80Tan Material (Band)670Pink Material (Band)120884920466340Tan Material (Band)550Pink Material (Band)210Tan Material (Band)640Pink Material (Band 1)120640884920174504884920174849Tan Material (Band ,Westbury,NY 11590Toys "R"Us117 OldCountryRoad,CarlePlace, NY11514Kmart250 w 34thSt, NewYork, NY10119Target340 TowneDr,Fayetteville, NY 13066Kmart8007OswegoRoad,Liverpool,NY 13090Toys "R"Us4155 NY31 Great

Art Cra-Z-JewelzGem CreationsGem Charm andSlider BraceletsPink Material (Band 2)Tan Material (Band 2)Tan Material (Band 3)Tan Material (Band 4)My Look Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsGem Charm andSlider BraceletsShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineMy Look Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachineShimmerN'Sparkle Cra-ZArt Cra-Z-JewelzGem CreationsUltimate GemMachine884920466340Target600 GreeceRidgeCenterDrive,RochesterNY 14623not testedKmart3049 WestRidgeRoad,Rochester,NY 14626not testedToys "R"Us1530 RidgeRoad West,RochesterNY 14615not tested884920174504884920174849NorthernMall, Clay,NY 13041120470650590884920174504Tan Material (Band)540Kmart884920466340Tan Material (Band)580TargetPink Material (Band)210884920174504Tan Material (Band)5740Toys areAvenue,Buffalo,NY 142163030SheridanDrive,Amherst,NY 14226

Photographs of the products are below:6

NEW!76

Ultimate Gem Tan Material (Band) 550 Fayetteville , NY 13066 Machine ShimmerN' Sparkle Cra-Z- Pink Material (Band) 210 8007 Art Cra-Z-Jewelz Oswego Gem Creations 884920174504 Kmart Road, Ultimate Gem Tan Material (Band) 640 Liverpool, Machine NY 13090 ShimmerN' Pink Material (Band 1) 120 Toys "R" 4155 NY-884920174849