Sacramento, CA - Assemblymember Jared Huffman’s (D-San Rafael) legislation that would protect consumers by prohibiting the sale of recalled products that pose a safety hazard has been signed into law.  The bill, AB 1860, would keep hazardous toys and other products off store shelves, raise public awareness, and institute further safety measures.

“The past year was dubbed by Consumer Reports “Year of the Recall” because of the millions of products that were recalled, including toys containing lead and detachable magnets, cribs with defective side rails that were strangling babies, dishwashers and gas dryers that were catching fire due to faulty wiring, and arts and craft sets that contained a chemical that takes on characteristics of the “date rape” drug when ingested,” said Huffman.  “While everyone agrees that defective products like these are unsafe, few people realize that under current law these types of recalls are entirely voluntary.  Not only is it legal to keep recalled products on the shelves and continue selling them, manufacturers are not even required to inform consumers of the recall.”           

AB 1860 fills these critical gaps in the law by requiring the removal of recalled toys and other recalled consumer products from the marketplace when those products pose a safety risk.  AB 1860 would also prohibit the sale of recalled products, and to prevent the items from surfacing on the Internet or at second-hand stores, it would impose stiff fines against those who sell recalled products.  In addition, the bill requires proper disposal of recalled products, posting of recall notices on manufacturer websites and in stores, and a notification system whereby customers can be better alerted to product recalls that affect them.

One indication of just how badly AB 1860 is needed comes from a study for the journal Injury Prevention, published in August of last year.  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.  This and other studies show that all too 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 the products despite the recalls.  When 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.

“AB 1860 will hold manufacturers and retailers accountable for removing dangerous products from the marketplace, thereby protecting consumers from unknowingly harming themselves or their families,” Huffman concluded.