Sokolove Success Blog – Our Perspective on Legal News that Matters

No of course, Dora the Explorer is not made with asbestos, but based on the news of Mattel’s recent settlement, the defects and subsequent recalls of the toy giant’s products are certainly hitting Mattel’s wallet in an asbestos-like way.

News hit last week that out of Federal Court in California that Mattel has reached an agreement to settle 22 separate class actions over millions of toys that were made in China and found to contain excessive levels of lead. The reported settlement could reach into the “tens of millions” according to reports.

According to Law 360 (subscription required):

“Mattel recalled over 14 million toys in the U.S. alone in 2006 and 2007. The toys were found to have lead levels that exceeded legal limits or to have small magnets that could become loose and harm children if ingested, according to a statement from Mattel.

More than 95 different types of children’s toys were affected, including some of the companies’ most popular items, like some Sesame Street toys, Dora the Explorer and Diego toys made by Fisher-Price, and Mattel toys such as Batman, Polly Pocket, Barbie accessories and Sarge cars, according to the company.”

There’s a lesson to be learned in the Mattel tragedy, and that is that too many manufacturers are still willing to cut corners and put consumers at risk.  When they do, civil litigators act as an appropriate safety net to compensate victims.

But civil litigation also makes products safer and changes policies.  Consider the following as has been reported publicly:

•    As part of the settlement, Mattel will donate $275,000 to the National Association of Children’s Hospitals and Related Institutions, a not-for-profit group of 150 children’s hospitals and pediatric units.
•    The six Mattel-related recalls in 2007 triggered recalls by dozens of other companies resulting in 21 million potentially toys being recalled.
•    The recalls drove Congress to pass a new law that sets strict limits for lead, lead paint and other chemicals.
•    Last year, Mattel and Fisher-Price agreed to pay $12 million to 39 states to end a lengthy investigation into the lead-tainted toys.
•     In June, Mattel also agreed to pay a $2.3 million civil penalty for violating the lead paint ban.

At Sokolove Law, we are actively marketing legal services in a number of categories related to product liability. If you’re interested in partnering with us, please get in touch with my colleague Marc Stern.