CPSC Announces $600,000 Settlement with Target for Toy Lead Paint Violation
The Consumer Product Safety Commission has issued a notice of its provisional acceptance of a settlement agreement and an order containing a civil penalty against Target Corporation for allegedly violating the lead paint ban of 16 CFR Part 1303.
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Any interested person may ask CPSC not to accept this agreement or otherwise comment on its contents by filing a written request with the Office of the Secretary by May 28, 2010.
Target Agrees to Pay $600,000 to Settle Lead Paint Allegations
CPSC has entered into a provisionally accepted settlement agreement with Target and has issued an order imposing a civil penalty of $600,000 to settle allegations that in 2006-2007, Target knowingly1 imported and sold various Kool Toyz children’s products, Anima - Bamboo Collection Games, Happy Giddy Gardening Tools, and Sunny Patch Chairs with paints or other surface coatings that contained lead levels in excess of the permissible 0.06% limit.
(Target imported into the U.S. approximately 156,300 units of Various Kool Toyz children’s products, about 5,000 units of the Collection games, about 350,000 units of the Toy Tools, about 1,900 units of the Toy Chairs. In November 2006, May 2007, and September 2007, CPSC and Target recalled these toys.)
1“Knowingly” under 15 USC 2069(d) means: (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.
CPSC notice (D/N 09-C0037, FR Pub 05/13/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-11460.pdf
Settlement agreement available at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10001.pdf