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Calif. sues 20 companies for exposing consumers to lead

Last Updated: Tuesday, November 20, 2007 | 10:17 AM ET

Mattel, Toys "R" Us, Wal-Mart and Sears have been named in a suit filed by California's attorney general alleging the companies knowingly exposed children to lead and did not warn consumers of the associated risks.

The suit, filed Monday in Alameda County Superior Court by Jerry Brown, involves a total of 20 companies including Kmart, Marvel Entertainment, RC2 Corporation, Costco Wholesale, Target, Michaels and Eveready Battery Company.

"Companies must take every reasonable step to assure that the products they handle are safe for children and their families and fully comply with the laws of California," Brown said in a release.

"Despite the lengthening global supply chain, every company that does business in this state must follow the law and protect consumers from lead and other toxic materials," he said.

The state's Safe Drinking Water and Toxic Enforcement Act of 1986, also referred to as Proposition 65, says that companies cannot expose citizens to hazardous chemicals without warning. The complaint says companies that violate Proposition 65 are liable for penalties up to $2,500 US for each violation.

The lawsuit follows a string of recalls involving made-in-China toys withdrawn from the marketplace for unsafe lead levels. Mattel, RC2 Corp. and Marvel have all issued massive product recalls for toys containing high levels of lead.

High amounts of lead can harm the kidneys and other major organs. Anemia, a decline in red blood cells, can occur, as well as damage to the nervous system that may impair mental function. Lead poisoning, though rare, can also cause seizures or death.

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