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Toy makers settle lead lawsuit

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Lifsher is a Times staff writer.

Mattel Inc. and eight other toy makers Thursday agreed to pay $1.8 million and accelerate reductions in the levels of toxic lead in consumer products to settle an environmental lawsuit brought by the state and the city of Los Angeles.

California Atty. Gen. Jerry Brown, who filed the complaint against 17 toy manufacturers a year ago, said he was pleased to resolve the case.

“These consumer protection agreements will safeguard California’s children from lead-contaminated toys this Christmas,” he said. “Putting these agreements into effect immediately is absolutely critical because so many toys are sold between Thanksgiving and Christmas.”

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The case was pursued under California’s Proposition 65, an initiative approved by voters in 1986. Thursday’s agreement concluded a lengthy investigation and legal battle that followed a series of recalls of toys, lunchboxes and novelty items imported from China and other developing nations that contained unsafe levels of lead, the attorney general’s office said.

The agreement requires the companies to reformulate their products to ensure that lead levels remain below a series of thresholds set by new federal laws scheduled to take effect early next year.

El Segundo-based Mattel said it “worked cooperatively” with the state “to further enhance children’s safety” by meeting safety standards “that go beyond current requirements.”

Lead has been listed by the state since 1987 as a toxic material that damages the nervous system and other organs.

“Scientists have determined that there is no safe level of lead,” said Los Angeles City Atty. Rocky Delgadillo. “It is toxic even in the smallest amount.”

According to the settlement terms, nine companies began complying with the new lead standards on Dec. 1, more than two months before the Feb. 10 deadline set by Congress.

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The firms as a group also must pay $550,000 into a fund to test toys for lead and improve outreach during future recalls, $460,000 to reimburse government agencies for environmental enforcement activities, $548,000 in civil penalties and additional attorney fees.

In addition to Mattel and its subsidiaries, including Fisher-Price Inc., the settlement covers RC2 Corp., A&A; Global Industries Inc., Cranium Inc., Eveready Battery Co., Marvel Entertainment Inc., Toy Investments Inc., Kids II Inc. and Amscan Inc.

Eight other major toy makers or retailers are not covered by the settlement and continue to be the target of lawsuits, the attorney general’s office said. They are Costco Wholesale Corp., KB Toys Inc., Sears Holdings Corp. and its subsidiary Kmart Corp., Michaels Store Inc., Target Corp., Toys R Us and Wal-Mart Stores Inc.

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marc.lifsher@latimes.com

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