Washington State’s tough toy safety legislation

It is likely that many of you have been watching the battle going on in Washington State over legislation that, if passed, would provide that state with the nations most stringent toy safety laws. If you have not, you may want to read a column by Nichole Brodeur in The Seattle Times entitled “Don’t toy with this industry.”

The column is refreshingly nuanced and funny as it looks at Bill 2647 which, according to Brodeur, “would reduce the allowable level of lead and set limits on the metals and chemicals in toys that have been linked to childhood-development problems.”

What is noteworthy is what Brodeur says next: “But the "toxic toys" law would cost manufacturers too much to obey. They would have to pay for testing, as well as registering and getting approval from the state for every chemical used in every product. One toy manufacturer said that would add at least 10 percent to the cost of each toy.”

The column goes on to discuss the impact on retailers and consumers as toy manufacturers, rather than pay the cost of Washington states onerous law, would opt out of its 2% contribution to national toy sales. In addition, toy shipments would be routed away from the Port of Seattle and towards other west coast ports.

What the toy industry wants is one national and reasonable set of regulations. It does not want to be piling cost on top of cost as it meets a mix of standards set by various states. 

It is interesting to note that modern technology is the Achilles heel of any one states desire to control products flowing across its borders. Certainly, a parent compelled to buy a toy that they can’t find in Washington State could easily go on line and buy it from any number of ecommerce websites. After all, even if a law tried to compel consumers not to purchase toys via the Internet, it would be unenforceable. It would not be possible to open every parcel arriving through the US Mail (a Federal institution), UPS, FedEx or DHL.

Brodeur does not think the law is likely to pass as written. If it does, she say that “[t]he law could turn Washington into something like the Island of Misfit Toys, a place passed over by toy companies scared off by the regulations.” As Brodeur wryly puts it: “We’d need a new state mascot. A crying baby or a morose-looking boy holding a boat carved out of a sweet potato.”