Warning labels would have 'chilling effect,' critics argue

SPRINGFIELD -- Stricter warning labels proposed for toys containing a legal amount of lead would have a "chilling effect" on consumers, one suburban lawmaker argued Tuesday.

"It basically would knock every piece of electronics off the shelves," said state Rep. Mike Fortner, a West Chicago Republican.

Still, a proposal to require manufacturers to include lead warning statements on products designed for those under age 16 narrowly passed an Illinois House committee 7-5 Tuesday. Critics said it would hurt businesses and isn't realistic. Numerous products have lead encased in plastic that is not inherently dangerous, they argued.

"I don't know how many licks it takes to get to the center of a car seat, but I have four kids and they haven't gotten there yet," said Rob Karr, spokesman for the Illinois Retail Merchants Association.

Any toy with the slightest electronic feature -- such as a blinking light that would contain lead to function -- could be placed under the proposed label requirements.

But state Rep. Harry Osterman, a Chicago Democrat pushing for the warnings, said adult electronic products like cell phones would be exempt, as well as "mom and pop dealers" to reduce the likely harsh effect on small businesses.

"Parents, caregivers should know that there is small amounts of lead in those products," said Osterman, who wants the labels on toys containing 40 parts per million of lead or more.

The legal threshold of lead in toys is 600 parts per million. The state plan is not aimed to lower that bar, as federal legislation on that issue is pending.

The American Academy of Pediatrics recommends that children's products contain less than 40 parts per million of lead, as higher exposure in children under 12 threatens brain development.

According to Illinois Attorney General Lisa Madigan's office, 17 million toys were recalled in 2007 because of excessive lead levels. Two million products have already been recalled this year.

If Osterman's plan becomes law, the labeling requirements would not go into effect until Jan. 1, 2010. It awaits a full debate in the House.