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Breaking: Melissa & Doug, Imaginarium toys recalled in Canada appear to violate U.S. limits
By Jennifer | December 01, 2009 | 21 comments / Comment now
Over the past few days, the internet has lit up with conversation about the November 20 Canadian recall of three Melissa & Doug toys - a Slice and Bake Cookie set, Shape Sorting Cube, and Pound a Peg pounding bench - which failed Canadian tests for barium limits in their paint. We only write detailed posts about recalls when we find them particularly newsworthy but there has been a lot of interest and concern among U.S. readers for this Canadian recall, so we started making inquiries last week, and we're ready to tell you something that is going to surprise you: Although the toys have only been recalled in Canada, all signs seem to suggest that these same toys also fail CPSIA standards for heavy metals, which went into effect in February 2009.
First, an aside: We would love to have our assessment of the situation confirmed with Melissa & Doug, but our six-day-old unanswered email and inability to get beyond the customer service desk this afternoon (a rep took our callback info but could not provide an estimated time frame for a return call or a name of the person we'd be put in touch with) confirm that we're on to something, and we think we're on solid footing. We'll edit liberally (with notes) if we have to, but here are the details as they currently appear.
Update: Since the publication of this post, we have been in communication with Doug Bernstein, President of Melissa & Doug, and have received the following statement from them regarding compliance with current U.S. standards (emphasis his): "What is the status of these items in the USA? The answer to that is simple and emphatic - These items absolutely pass EVERY single test in the USA. And yes, we have passing test reports for these from certified and scientific 3rd party testing laboratories, including those laboratories considered to be the most reputable in the world. These tests were done CONTEMPORANEOUSLY at the time of production, not after the fact."
Mr. Bernstein stated that the toys' failure in Canadian tests do not indicate that those specific toys or any toys would fail U.S. tests, as the two governments use a different testing protocol for barium. (Our inference from this is that the method used for extracting barium is different, which may yield different levels found.) However, in the course of our correspondence, we asked several questions which Bernstein declined to answer. After Bernstein excused himself from further correspondence, citing the holiday rush, we narrowed our request considerably and sent it to him with the explanation that we would be publishing this email for readers. Wewill post it shortly have posted it here and will keep readers informed of how Melissa & Doug chooses to respond.
This is what Canada has to say about the reason for limiting barium in children's products in the M&D recall announcement:
The Consumer Product Safety Improvement Act imposed not only limits on lead content but on other heavy metals, drawing its limits from an existing industry standard (ASTM F963-07e1, for those keeping score at home). Here's where they say as much.
The limits that will be enforced beginning in 2010, which we found in an unrelated company's test results here, appear to be (emphasis mine):
So, 1,000 parts per million (a rough translation of mg/kg).
Here's where things get interesting. Guess what Canada's current limit - the one Melissa & Doug's three toys failed - is? That's right. 1,000 mg/kg. (Thanks, Annie!)
Annie also made the keen observation that an Imaginarium Shape Sorting Cube (Toys 'R' Us' house brand) is a spitting image of the Melissa & Doug model. There are a couple of possible explanations for this. Either Melissa & Doug might contract with TRU to produce their Imaginarium toys, or that one in particular; or Toys 'R' Us buys that product from the same Chinese factory that Melissa & Doug does.
What does this mean for U.S. consumers? It means that actual, physical products that have been recalled in Canada for unsafe levels of barium do not meet current U.S. standards, although U.S. companies will not have to prove this until sometime next year, and then only for products manufactured after February 2009. (Toys on shelves now could conceivably have been manufactured before that date.)
Forgive us for being a bit cynical regarding the scope of the Canadian product recall, which covers toys sold between November 2008 and November 2009. We had a Melissa & Doug Shape Sorter for our daughter when she was an infant - probably purchased in 2004. Based on this recall, if we hadn't passed that toy on to Goodwill three years ago, I'd throw it out today. (November 2008 happens to be the date from which U.S. manufacturers were required to provide Certificates of Conformity for their products under the CPSIA. Coincidence? We'll see.)
(Update: Just remembered that it was that recall in part that spurred us to turn to Imagiplay for our 2009 Holiday Gift Guide's kitchen edition. We did not have access to the full story outlined here at that time, and have still received no return contact or information from Melissa & Doug.)
Melissa & Doug has a safety statement on their website (although, surprisingly, no section alerting consumers to recalls of their products). It reads, in part:
We'd love to see those test results.
This situation raises some great, and hairy, questions about the role of international recalls in U.S. consumers' perceptions of product safety. If you're interested in knowing when products that are sold in the U.S. are recalled in Canada or the European Union for failing their regulatory standards, we encourage you to follow ZRecs_Safety on Twitter - we've been tweeting info about Canadian and EU recalls of U.S. available products for several months now (including this one when it came out on Nov. 20), and would love to share them with you!
First, an aside: We would love to have our assessment of the situation confirmed with Melissa & Doug, but our six-day-old unanswered email and inability to get beyond the customer service desk this afternoon (a rep took our callback info but could not provide an estimated time frame for a return call or a name of the person we'd be put in touch with) confirm that we're on to something, and we think we're on solid footing. We'll edit liberally (with notes) if we have to, but here are the details as they currently appear.
Update: Since the publication of this post, we have been in communication with Doug Bernstein, President of Melissa & Doug, and have received the following statement from them regarding compliance with current U.S. standards (emphasis his): "What is the status of these items in the USA? The answer to that is simple and emphatic - These items absolutely pass EVERY single test in the USA. And yes, we have passing test reports for these from certified and scientific 3rd party testing laboratories, including those laboratories considered to be the most reputable in the world. These tests were done CONTEMPORANEOUSLY at the time of production, not after the fact."
Mr. Bernstein stated that the toys' failure in Canadian tests do not indicate that those specific toys or any toys would fail U.S. tests, as the two governments use a different testing protocol for barium. (Our inference from this is that the method used for extracting barium is different, which may yield different levels found.) However, in the course of our correspondence, we asked several questions which Bernstein declined to answer. After Bernstein excused himself from further correspondence, citing the holiday rush, we narrowed our request considerably and sent it to him with the explanation that we would be publishing this email for readers. We
This is what Canada has to say about the reason for limiting barium in children's products in the M&D recall announcement:
Some forms of barium are safely used in medical and commercial applications, while other forms of barium can be toxic, causing adverse health effects such as nausea, vomiting, diarrhea, and cramps as well as more severe symptoms. Children's toys coated with paint containing barium in excess of the allowable limit are strictly prohibited in Canada.
The Consumer Product Safety Improvement Act imposed not only limits on lead content but on other heavy metals, drawing its limits from an existing industry standard (ASTM F963-07e1, for those keeping score at home). Here's where they say as much.
The limits that will be enforced beginning in 2010, which we found in an unrelated company's test results here, appear to be (emphasis mine):
Paint and other similar surface-coating materials applied to toys shall not contain compounds of which the metal content of the soluble material exceeds the levels by weight (mg/kg) of the contained solid including pigments, film solids, and driers [Antimony (Sb) 60, Arsenic (As) 25, Barium (Ba) 1000, Cadmium (Cd) 75, Chromium (Cr) 60, Lead (Pb) 90, Mercury (Hg) 60, Selenium (Se) 500]
So, 1,000 parts per million (a rough translation of mg/kg).
Here's where things get interesting. Guess what Canada's current limit - the one Melissa & Doug's three toys failed - is? That's right. 1,000 mg/kg. (Thanks, Annie!)
Annie also made the keen observation that an Imaginarium Shape Sorting Cube (Toys 'R' Us' house brand) is a spitting image of the Melissa & Doug model. There are a couple of possible explanations for this. Either Melissa & Doug might contract with TRU to produce their Imaginarium toys, or that one in particular; or Toys 'R' Us buys that product from the same Chinese factory that Melissa & Doug does.
What does this mean for U.S. consumers? It means that actual, physical products that have been recalled in Canada for unsafe levels of barium do not meet current U.S. standards, although U.S. companies will not have to prove this until sometime next year, and then only for products manufactured after February 2009. (Toys on shelves now could conceivably have been manufactured before that date.)
Forgive us for being a bit cynical regarding the scope of the Canadian product recall, which covers toys sold between November 2008 and November 2009. We had a Melissa & Doug Shape Sorter for our daughter when she was an infant - probably purchased in 2004. Based on this recall, if we hadn't passed that toy on to Goodwill three years ago, I'd throw it out today. (November 2008 happens to be the date from which U.S. manufacturers were required to provide Certificates of Conformity for their products under the CPSIA. Coincidence? We'll see.)
(Update: Just remembered that it was that recall in part that spurred us to turn to Imagiplay for our 2009 Holiday Gift Guide's kitchen edition. We did not have access to the full story outlined here at that time, and have still received no return contact or information from Melissa & Doug.)
Melissa & Doug has a safety statement on their website (although, surprisingly, no section alerting consumers to recalls of their products). It reads, in part:
Additionally, we specifically test our paints and coatings very frequently, to be sure our toys meet or exceed government recommendations limiting heavy metals and lead in children’s items. We have cabinets full of thousands of passing test reports, and these passing results have been verified by 3rd party independently accredited testing laboratories, considered by many to be the best scientific laboratories in the world.
We'd love to see those test results.
This situation raises some great, and hairy, questions about the role of international recalls in U.S. consumers' perceptions of product safety. If you're interested in knowing when products that are sold in the U.S. are recalled in Canada or the European Union for failing their regulatory standards, we encourage you to follow ZRecs_Safety on Twitter - we've been tweeting info about Canadian and EU recalls of U.S. available products for several months now (including this one when it came out on Nov. 20), and would love to share them with you!
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Ugh this whole thing is so dissappointing! I though they were one of the “ good” brands. We have that shape sorter toy, too. =(
Thanks for covering this, will keep up with Twitter updates!
@mightymarce
How crazy. I can’t wait to hear what they have to say. Nothing that’s not going to have a whiff of evasion about it. It’s a shame too, because I considered them one of the better companies in big box stores to give my $$$ to.
We bought the cookie set for V for Xmas, but it’s going back to Amazon. Any ideas how to verify when shopping online whether you are getting a new one or a recalled one?
Thanks for the excellent reporting, as always.
I think part of the problem is that formerly voluntary standards of ASTM F963 became mandatory on 2/10/09, and products manufactured after that date (not sold) must meet the limit for soluble barium. So, the products recalled in Canada probably do meet the US limits that were in existence when they were manufactured - I would bet that the toys sold 11/08 through 11/09 were manufactured in 2007. And even though General Conformity Certificates have been required, they only apply to those requirements that were applicable. And if the toys were made before 2/10/09, the US CPSIA barium standard wouldn’t apply.
At the same time, as you mention, the testing and certification requirements under the CPSIA were pushed back until 2/10/10 except for certain things, like lead in surface coatings/paints, pacifiers, cribs, small parts, and lead in metal children’s jewelry. So, you have a CPSIA standard that is applicable right now for those toys made after 2/10/09, but the testing and certification is not yet required.
So, being cycnical, one would anticipate that Melissa and Doug’s testing may well show that the toys pass - meaning pass the standards applicable at the time.
Ugh, we have a number of Melissa and Doug toys in our house because we prefer wood toys over plastic. Does this mean we should start questioning the paint in all their products?
Firstly, an incredible detailed story on such an consistently disturbing issue. Why cannot companies be up-front with their products, and remember who is getting them in the end - our children. I am incredibly passionate about this and wonder if anything that is brightly painted and then varnished can be safe. For us in our home it is only Natural beeswax or plant-dyed paints with no finish. I am very grateful to ZRECs to brining this issue to the forefront.
ARGH! I specifically have bought Melissa & Doug toys in the past b/c a). they were wooden versus plastic (possibility of BPA versus possibility of lead - or barium- in the paint) and b). they’re widely available (easily available at the local Marshall’s or TJMaxx).
VERY frustrating.
I called M&D;customer service two days ago asking about this recall and still have not received a call back...I wonder what is going in at their headquarters right now...and when they will post information on their website!
Um, the recalled shape sorter is advertised as a sale item over there on your amazon ad. Kind of ironic at best?
@Jennifer: That “meets rules in place at the time” situation is precisely why we’d like to see the test results. And why I’m pretty sure we won’t get them.
@Mika: To me the paint issues are the worst with the youngest children. I know our Shape Sorter blocks were mouthed by Z many times.
@Robin: Our advertising is full of ironies. We do not directly oversee or approve some slots, Amazon offers changing products based on targeting, and Google ads are all over the map. With ad slots we do manage directly, we have very rarely rejected campaigns. Our editorial content presents our stand and we rely on readers to judge advertising messages for themselves. We have broken this rule once regarding a childbirth issue.
Within our editorial content we try to be mindful of not using affiliate links on Z Recommends for products we are reporting on as unsafe, because it would seem weird. However, in the ZRecs Guide we do use affiliate links to all products sold on Amazon, because there are varying gradations of risk and recommendation there, and we want to remain even-handed and agnostic regarding the ultimate choices parents make for their children.
Probably more than you needed to hear on this topic. But just wanted to let you know that we do think about these issues, and have opinions about them.
I have one of the shape sorters from Toys R Us purchased in November or December 2008. I’d be willing to send it to you if you are interested in testing. Otherwise, I’m trashing it.
You read my mind! I bought the cookie set for my toddler for Christmas (in Canada) and when I got the recall notice, I found it very curious that Melissa and Doug had no mention of it on their website. I got a feeling they were hoping to keep it quiet to prevent US customers from wanting to return theirs as well, despite the fact that they are apparently made in exactly the same place. I was actually composing a blogpost about it last night, which isn’t finished yet. I’ll link to you when I finish it. Thanks for holding corporations accountable and providing us all (in Canada and the US) with the best info! I’m somewhat concerned that maybe the Sushi set and the Food Groups set I also bought for Christmas could have the same barium levels!
i looked at the package on a bunch of M$D puzzles and they were all made in china - does this matter?
our peg pounder is in storage and that’s where it will stay til I can throw it out. i’ve avoided M&D;toys in the past when some of their items were part of the lead recalls.
My daughter was given the cookie set last year for Christmas-I’ll be collecting those pieces now for the trash bin. Sad...she loved the cookies.
Will be sending an email to M&D;.
I wish companies would just do the right thing. If it’s not OK in Canada- but meets legal limits in US(whenever that was) wouldn’t it be prudent to just pull them all? Hello M&D;. We are watching- and you’re not making any friends by trying to deceive us!
Everyone, I have no idea why our blogging platform puts a semicolon after ampersand followed by a D. It’s a bug. Does the same for R&D;.
@Krista: Could you hold onto it for a week or so and we’ll get back to you?
anji: You’re welcome! Thanks for sharing your own views on these issues and for any mention you might make of our work.
Renee: That’s what I’m wondering too - why not just make it meet standards all the way around. Other companies making wooden toys distributed in Canada don’t seem to have these problems with barium. (Of course, who knows what other recalls may be in the works...)
I’m with Krista. I have the pound a peg toy (purchased in 2008) and I was planning on throwing it away, but if you guys want to test it, I’ll ship it to you!
We also have the Imaginarium shape sorter that we are planning on trashing. If you want it for testing, let us know!
? - I believe that European standards are stricter than the US, right? Is there a list or link to brands sold in the US that comply with EU standards? I think I’d prefer to only buy from brands I can really trust now :(
Yes, European standards are stricter than the US. I’ve heard that Chinese manufacturers sometimes make 2 different versions of toys: one for Europe (without phthalates, for example) and another for the US that’s not as safe. Stuff like this makes me avoid big box toy stores and only shop at specialty stores like Oompa.com.
Thanks for the info! We have the kitchen and the whole set too! What a huge bummer! I was sooo close to buying the shape sorter, which is sold for about $20 at Old Navy this season!
Everyone, please see our new post on this for an update and a Q&A;with Melissa & Doug about this recall and these toys. Whether you choose to stop using the toy based on a Canadian recall is a personal choice, but if you do choose to stop using them, would you consider waiting to discard them until we publish another announcement?
Just an aside…
The CPSIA in the U.S. is retroactive. So if a level BECOMES too high due to new standards, even toys manufactured BEFORE the new standard was put into place are then banned and considered hazardous.
It is the retroactivity that makes this law particularly loathsome, actually. Every toy your child, grandchild, niece or whoever owns, according to this new law, becomes illegal when the retroactive new step-down standards are put in place until they are tested to confirm compliance with the new standard. Hand-me-downs and keepsakes and that beautiful hand-carved wood rocking horse great-grandpa made 50 years ago are now, legally speaking, illegal hazardous material that must be disposed of by Hazmat licensed practitioners UNLESS each and every component on that horse (screws, nails, paint, varnish, wood, button eyes, leather ears, yarn mane and tail, etc) are tested to confirm compliance (to the tune of approx $1000/component).
Just saying…