N.Y. AG Sues Walmart, Target For Alleged Violation Of Toy Safety Laws

NEW YORK – Walmart Inc., Target Corp. and LaRose Ind., have been sued by New York State Attorney General Barbara D. Underwood for allegedly committing thousands of violations of multiple New York laws governing the safety of children’s toys sold in the state.

The action stems from testing conducted by the Attorney General’s office that found “Cra-Z-Jewelz” jewelry-making kits that were imported by LaRose, and sold by the retailers Target and Walmart in New York, contained parts with lead levels up to 10-times higher than the federal limit of 100 parts per million (ppm). The findings of the Attorney General’s investigation previously resulted in a nationwide recall of the toys.    

The lawsuit alleges that Target, Walmart, and LaRose violated multiple New York State laws as well as deceptive acts and false advertising by importing, distributing, selling, or holding for sale thousands of Cra-Z-Jewelz kits in New York between 2015 and 2016. The suit seeks civil penalties from the retailers and LaRose for the alleged violations, and a court order to require the companies to implement additional measures to ensure they do not again sell children’s toys containing high levels of lead in New York.

“No parent should have to worry that their child’s toy may be toxic. As we allege, these companies imported and sold toys with dangerous levels of toxic lead – jeopardizing the health of New York’s children and breaking the law,” Underwood said. “Our lawsuit seeks to hold these companies accountable for the failures that allowed lead-contaminated toys on store shelves, while forcing them to take responsibility for the safety of the products they sell.”

In 2015 and 2016, the Attorney General’s office purchased a number of Cra-Z-Jewelz jewelry-making kits from stores in New York City, Long Island, and the Syracuse and Buffalo areas. Tests revealed that the wristbands associated with several kits sold at Target and supplied by LaRose contained lead at levels of 120 to 980 parts per million (ppm) – levels that exceeded the 100 ppm limit established under the federal Consumer Product Safety Act for children’s products. The Attorney General’s office determined that the same kits supplied by LaRose were offered for sale by Walmart stores in New York.

Following the reporting of the Attorney General’s findings, the federal Consumer Product Safety Commission, LaRose, and the Attorney General’s office all conducted additional testing of the wristbands that corroborated the Attorney General’s initial findings of high lead contamination. LaRose then issued a national recall of the jewelry-making kits.

Attorney General Underwood’s lawsuit, which was filed in Albany County Supreme Court today, alleges that Target, Walmart, and LaRose violated multiple New York State laws – including those related to selling hazardous toys, as well as deceptive acts and false advertising – by importing, distributing, selling, or holding for sale thousands of Cra-Z-Jewelz kits in New York between 2015 and 2016. The suit seeks civil penalties from the retailers and LaRose for the alleged violations, and a court order to require the companies to implement additional measures to ensure they do not again sell children’s toys containing high levels of lead in New York.