Sacramento, CA - Assemblymember Jared Huffman has introduced legislation that would better protect consumers from products that are known to be unsafe. The bill, AB 1860, would keep hazardous toys and other products off store shelves, raise public awareness, and institute further safety measures.  Currently, recalls by the federal Consumer Product Safety Commission (CPSC) is on a voluntary basis and does not require retailers to remove dangerous products from store shelves.

“Dangerous products are recalled every week,” said Huffman.  “The federal government’s limited powers of enforcement and voluntary recalls are not enough to protect consumers, especially our children, from the dangers of lead poisoning and other hazards.  In the absence of federal laws requiring that hazardous products be removed from store shelves and further circulation, I have introduced AB 1860 to better protect consumers and companies from products that are known to be unsafe.”

In addition to requiring the removal of recalled toys and other recalled consumer products from the marketplace, the bill would also prohibit the sale of recalled products, and impose stiff fines against those who sell recalled products to prevent the items from surfacing on the Internet or at second-hand stores; and would require recalled products to be properly disposed of and for manufacturers to certify their disposal. It would also require manufacturers to establish a notification system when recalling products; and mandate that retailers post recall notices in a conspicuous fashion.

“Most consumers are dumbfounded when they learn that it is legal to sell recalled products and that manufacturers are not required to remove recalled products from their shelves,” said Elisa Odabashian, Director of the West Coast Office, Consumer Union.  “This bill will hold manufacturers and retailers accountable for removing dangerous products from the marketplace, thereby protecting consumers from unwittingly harming themselves or their families.”

 Many recalled products stay in circulation long after recalls have been announced—either because sellers don’t know about the problems or some choose to profit from them.  In a study for the journal Injury Prevention, published in August, researchers found 190 auctions of recalled products on EBay in just a 30-day period.  The study, which used a list of 150 randomly selected recalled children’s products, found that most of those recalled items - 70% - ended up being sold.  If the recalled products are taken out of circulation, it is unclear what happens to them—prompting many to believe that they are simply tossed in the garbage.  If these products contain lead or other hazardous materials, they could contaminate our landfills and groundwater.