[Washington, DC] – Following months of recalls of Chinese manufactured toys, U.S. Senator Dick Durbin (D-IL) convened a Senate oversight hearing focused on toy safety today. The hearing included testimony from Consumer Product Safety Commissioners Nancy Nord and Thomas Moore; the CEO's of the nation’s largest toy manufacturer and retailer -- Mattel and Toys "R" Us; and representatives of the Toy Industry Association, Consumers Union and American National Standards Institute.
 
“More than 25 million Chinese-manufactured toys have been recalled this summer alone. That is a staggering number and an indictment of our toy safety system,” Durbin said. “For years CPSC has been neglected and under-funded, resulting in reductions of staff levels and weakened standards. The events of the last four months have shown us the dangers lax authority and limited resources pose to our children. We're here today to address the problem.”
 
Durbin noted that since it's inception in 1973, the CPSC's staffing levels have decreased by almost 60 percent – from an all time high of 978 inspectors and full-time employees in 1980 to 401 today – the lowest level in history. Meanwhile the number of products over which the CPSC has jurisdiction is enormous – the 401 employees at the agency today are responsible for overseeing more than 15,000 types of consumer goods. Today, a single individual is responsible for testing all toys at the CPSC.
 
“After discovering that a toy I purchased for my grandson was recalled in May, I asked myself the same question parents across the country are asking today - who is in charge? The answer is that there is one employee at the Consumer Product Safety Commission responsible for testing toys and ensuring toy safety throughout the country,” Durbin said. “That is not acceptable.”
 
Earlier this summer, Durbin introduced the Consumer Product Safety Modernization Act, which addresses some of the resource and regulatory issues facing CPSC.  Durbin's bill will increase the authorized funding level for the agency over the next five years; repeal the requirement that the CPSC have a quorum to engage in regulatory actions (a requirement that routinely hinders timely recalls); decrease the amount of time that firms have to respond to CPSC from 30 to 10 days; allow CPSC to waive normal regulatory requirements when human health is in danger and the firm is non-cooperative; institute civil penalties for retailers that knowingly sell recalled products and increase maximum fines for violations.
 
Because of the prominence of China in the recent toy and other product recalls, today's hearing also focused on the impact of that country’s safety standards. Today, two-thirds of recalled products are imports and two-thirds of those are from China. Mattel recently recalled millions of toys manufactured in China because of dangerous levels of lead contamination. Yesterday, CPSC met with a Chinese delegation to discuss safety standards and come to an agreement on toy safety standards. Durbin met with representatives from the Chinese government delegation immediately preceding the hearing.
 
“This morning, representatives from the Chinese consumer product agency told me they plan to ban lead in children’s products sold to the United States.  My reply was, ‘You’re a little late; the U.S. banned lead in 1978,’” said Durbin.  “I appreciate the fact that the Chinese are moving to fix the problem, but a willingness to make changes does not mean that they have solved the problem. I continue to have serious concerns about China's ability to layer modern standards on top of industrial practices that are anything but modern.”
 
            The hearing also featured testimony from toy manufacturers and retailers who have taken steps to improve internal quality control standards and to increase the volume of toys inspected for safety.  Also testifying at the hearing was the noted consumer advocacy organization, Consumers Union (the publishers of Consumer Reports) who have urged Congress to increase resources and statutory authority for the CPSC.

United States Senator Dick Durbin on Toy and Consumer Safety
 
Senator Durbin has been a leader in the Senate on issues dealing with consumer safety, specifically those focusing on toys.   Following one of the first toy recalls this year, reported by the Chicago Tribune this spring, Durbin began to aggressively engage the Consumer Product Safety Commission (CPSC) regarding its regulatory authority, budget, inspections and standards.
 
Durbin has been active on two bills dealing with product safety this Congress. The first, the Consumer Product Safety Modernization Act, which Durbin introduced last month, will dramatically expand the CPSC’s ability to protect American consumers by increasing the agency’s funding and giving it the regulatory tools and resources it needs to effectively monitor product safety.
 
The second bill is the Children’s Product Safety Act. This bill, introduced by Senator Bill Nelson (D-FL) and cosponsored by Durbin, will require all children’s products to be certified as having met rigorous product safety standards by independent laboratories.
 
Timeline on Durbin’s Efforts on Consumer Safety
 
September 6 -- Durbin announces first congressional oversight hearing on the issue of toy safety. Witnesses will include: CPSC Commissioners Nord and Moore; Bob Eckert, CEO of Mattel; Jerry Storch, CEO of Toys “R” Us as well as representatives of the Toy Industry Association, American National Standards Institute and Consumers Union. A representative of the Chinese government was also invited to testify about problems with products imported from that country.
 
August 27 -- Durbin and Senator Klobuchar meet with Jerry Storch, CEO of Toys “R” Us, and hold a press conference on the issue of toy safety. Durbin also announces that a follow up letter was sent to CPSC after they failed to address Durbin’s request that they investigate holding Chinese manufactured toys at the border until they could be tested.
 
August 24 -- Durbin meets with the Mattel’s CEO, Bob Eckert, in Chicago to discuss the steps Mattel is taking to ensure the safety of their products. Durbin also speaks with the CEO of Walgreens, a leading retailer, and the head of Wal-Mart’s toy division.
August 14 -- Following a second major recall by Mattel, Inc., Durbin calls for a meeting with the leading manufactures and retailers to discuss the growing issue unsafe, imported toys.
 
August 7 -- Durbin joins Senator Amy Klobuchar (D-MN) in sending a letter to CPSC information relating to all investigations regarding lead in children’s products. Citing a New York Times report on safety inspections, Durbin and Klobuchar were alarmed that more than twenty percent of toys manufactured in China posed a potential poisoning hazard. 
 
August 2 -- Durbin is one of the first members react to the announcement of a massive recall by Mattel. Durbin calls for new safety standards for toys and asks CPSC to look into holding Chinese manufactured toys at points of entry until they can be inspected and proven safe.
 
July 23 -- Durbin introduces the Consumer Product Safety Modernization Act of 2007.
 
July 19 -- Durbin, along with Senator Bill Nelson (D-FL), introduces the Children’s Product Safety Act of 2007.
 
July 10 -- Durbin includes language in the Senate Appropriations Committee’s Subcommittee on Financial Services and General Government (FSGG), increasing the CPSC’s FY08 funding to $70 million. Durbin is the Chair of the FSGG subcommittee. This increase is $7 million more then last year’s funding level and an almost 10% increase to the President’s request. On July 12th, the full Appropriations committee reported the Durbin Financial Services bill out of committee.
 
June 28 -- Durbin and Senator Klobuchar (MN) send letters to the CEO of RC2, Curtis Stoelting and to Nancy Nord, Chairwoman of the Consumer Protection Safety Commission (CPSC) asking them to detail the steps taken in the recall of 1.5 million units of Thomas and Friends toys and accessories. Certain models of Thomas and Friends toys were tainted with toxic lead paint. The recalled toys manufactured in China and sold by the RC2 Corporation, were voluntary recalled on June 13, 2007.
 
June 15 -- Durbin and Congressman Bobby Rush hold a field hearing of Durbin's Senate Appropriations Subcommittee on Finance Services and General Government in Chicago. Testifying at the hearing: Nancy Nord, Acting Chairwoman of CPSC, Dr. Kyran Quinlan of American Academy of Pediatrics, Lisa Madigan, Illinois Attorney General, Nancy Cowles, Executive Director of Kids in Danger - a nonprofit organization dedicated to protecting children, and Sharon Henry, the mother of a child injured by the Magnetix Building Set.
 
June 5 -- Durbin meets with Chairwoman Nord. In the meeting the two discussed the Magnetix case, but focused on the larger issue of regulatory authority and Chinese imports.
 
May 23 -- President Bush withdraws the Baroody nomination.
 
May 18 -- Durbin, along with Senators Nelson (FL) and Obama (IL), ask the White House for copies of a $150,000 severance agreement Mr. Baroody received from his current employer, the National Association of Manufacturers (NAM), an addendum to that package and additional documents regarding the possible conflict of interest that pay package may have caused.
 
May 17 -- Durbin sends a letter to President Bush strongly opposing his pick to chair the Consumer Product Safety Commission and urging the withdrawal of the controversial nomination. The nominee, Michael Baroody, was a lobbyist for the National Association of Manufacturers (NAM) and in that position, repeatedly worked against efforts to strengthen consumer protection. In addition, Baroody accepted a large severance payment from the NAM - which represents industry the CPSC regulates - causing a substantial conflict of interest.
 
May 8 - Following the publication of a series of reports on a toy which has caused more than two dozen life-threatening injuries to children and at least one death, Durbin sends a letter to Nancy Nord, Chairwoman of the CPSC, asking for information on the steps taken by the Commission with regards to this case. The toy in question, Magnetix Magnetic Building Sets, uses powerful magnets which, if dislodged, can be swallowed and attract internally, causing severe internal injuries.
 
March 14 -- Durbin holds an informational meeting on the Consumer Product Safety Commission’s annual budget.