The Aug. 2 recall by Mattel, Inc. of 1.5 million toys that may contain excessive levels of lead paint once again calls into question the Consumer Product Safety Commission's (CPSC) voluntary approach to regulating industry. Mattel's recall follows the June recall of 1.5 million toys by the RC2 Corp. for the same lead-based paint danger.

CPSC recalled certain Mattel toys manufactured between April 19 and July 6, 2007, bearing the Fisher-Price label. According to the announcement, "Surface paints on the toys could contain excessive levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects." The June recall involved wooden toy trains coated with lead-based paint.

Sens. Dick Durbin (D-IL), Bill Nelson (D-FL), Chuck Schumer (D-NY) and Amy Klobuchar (D-MN), sent a letter Aug. 2 to Nancy Nord, chair of the CPSC, asking CPSC to conduct a risk analysis of Chinese toys to determine the need to issue a "detain and test" program similar to one the U.S. Food and Drug Administration issued for Chinese seafood after the recent discoveries of contaminated seafood products. CPSC is to respond to the letter in seven days.

A BNA article ($) notes that this is the fourth recall by Mattel or its Fisher-Price subsidiary in the last 12 months and the 26th toy recall this year, all involving toys made in China. BNA quotes a Consumer Reports spokesperson as saying there is a clear need for "better vigilance" on the part of manufacturers, but he goes on to say "As we have previously stated, we believe that independent, third-party inspections and certifications are crucial to keeping dangerous products off of U.S. shelves."

The problem with lead in toys is especially troublesome since 80 percent of toys bought in the U.S. are made in China, according to a Washington Post article about the recall. The toy industry is considered diligent and Mattel is supposed to have some of the strictest safety standards in the industry. Toy companies are required to report safety problems to the CPSC. The Post story quotes an independent toy industry analyst as saying the recall represents "a breakdown of that system. It raises a question of whether the industry can continue to be self-policing."

Furthermore, the CPSC's ability to set penalties, sue manufacturers and write rules for product safety was hampered by a lack of a quorum of its commissioners. As OMB Watch reported in an earlier Watcher article, CPSC had been operating without a quorum since January due to a commissioner vacancy. The law allowed the CPSC to operate for six months with just two of the three members of the commission. But since January, when the six months elapsed, they had not been able to take certain official actions. On Aug. 3, the problem was temporarily addressed when President Bush signed S. 4, Improving America's Security Act of 2007, into law. The bill contains a provision creating a waiver of the voting quorum for six additional months. The vacancy remains, however.

CPSC has also been plagued by diminishing resources. The commission was level-funded in 2006 and 2007, causing a significant staff decline. Both the House and the Senate FY 2008 Financial Services and General Government appropriations bills call for increasing the agency's budget above the small increase Bush requested for CPSC, according to a Senate appropriations report.

Durbin and Nelson introduced legislation July 23 to address some of the problems at CPSC. The Consumer Product Safety Modernization Act of 2007 reauthorizes the Consumer Product Safety Act (15 U.S.C. 2081), increases funding and permanently reduces the quorum requirement to two commissioners instead of three. It expedites the disclosure of several types of safety information and increases the maximum financial penalties the commission can impose. The bill has been referred to the Senate Committee on Commerce, Science and Transportation.