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Contact: Deborah Sturm Rausch (518) 473-9472 For Immediate Release: January 15, 2008

The New York State Consumer Protection Board Applauds National Recall of
Tainted Toy First Identified by Safe Toys NY Program

The New York State Consumer Protection Board (CPB) applauds the U.S. Consumer Product Safety Commission’s (CPSC) for today’s announcement of a voluntary national recall of the toy wrestling figures distributed by A.A. of America, Inc. saying that “consumers should take the toy away from children immediately and return it to the place of purchase for a full refund.” The toy, which was first identified as hazardous by the Safe Toys NY program, has toxic lead levels that exceed federal standards. Governor Spitzer had issued a statewide recall of the product on December 10, 2007, and at that time called on the CPSC to issue a nationwide recall.

“The State's health and consumer protection officials took proactive steps to assure the safety of our children,” said Governor Spitzer. “By issuing a Summary Order in December to recall the product and bar its sale in our State, we protected New Yorkers in advance of a national recall. I am glad to see that the federal CPSC, which has the responsibility of protecting the public from unsafe toys, has now joined our State in taking action to protect all children from potential harm that could be caused by these action figures.”

“It is gratifying to see our leadership advance the health and safety of our country’s children,” said Mindy A. Bockstein, Chairperson and Executive Director of the CPB. “The CPB found the ‘Wrestle Mania’ toy during one of our many sweeps of stores in New York State conducted as part of our Safe Toys NY program. Governor Spitzer’s decisive action to protect children paved the way for this national recall. We are pleased to be New York State’s designee to the CPSC, and as such, we continue to work with them toward the issuance of a national recall of the remaining two products we first identified in December. Further, we are drafting State legislation that will be considered this legislative session to assure greater protections for New Yorkers.”

The Toy Wrestler Figures (labeled on the package as “Wrestle Mania”) was manufactured in China. The manufacturer is listed as A.A. of America, Inc., of Brunswick, NJ. There were approximately 5,400 units manufactured and sold at dollar and discount stores nationwide from January 2007 through December 2007 for about $1.00. The recalled toy is a package of four action figures. Each figure is about 5¾ inches high. The UPC number 604111230003 is printed on the product’s packaging. The surface paint contains high levels of lead, violating the federal lead paint standard.

"Nearly 5,000 children a year are diagnosed with lead poisoning in our State, mostly from lead paint in older housing," New York State Health Commissioner Richard F. Daines, M.D., said. "Lead exposure in children and fetuses can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems and headaches. I'm pleased that the CPSC has followed our example, and I want to remind parents that their children should be screened by their doctors for lead exposure at ages 1 and 2, and up to age 6 if the early tests warrant follow-up."

In August 2007, with mounting recalls of toys and other products, Governor Spitzer directed the State CPB to launch a full-scale campaign around toy safety, and announced initiatives to help keep lead-contaminated and hazardous toys off store shelves. The CPB, along with the efforts of the Departments of Health (DOH) and Agriculture and Markets, conducted sweeps of more than 2,800 stores looking for recalled products and found approximately 620 recalled toy items still on store shelves. In addition, following strict protocols, a random sampling of toys was collected in three rounds from retail outlets in Albany and in New York City and tested by DOH’s Wadsworth Center. The Center performed chemical analysis of the paint from each toy for lead content. The CPB was then able to track distributor information so that the appropriate actions could be taken, including today’s national recall.

There were three tainted toys affected by the DOH Summary Order issued in December 2007, all of which were purchased in dollar stores and made in China. They all had paint with lead that exceeded the federal standard allowed, which is 600 parts per million (0.06 wt% lead). None of the toys had identification numbers on the packaging. In addition to the “Wrestle Mania” figures, the other toys deemed toxic by the State, and not yet subject to a national recall were:
  • “Army Force” Car Set which are green and black, Lot # ES35146, UPC Code 6010785146 imported by Encore Sales, Concord, Ontario, Canada
  • “Sprite Tractor Trailer” toys, which are green and orange and have no identifying information on the packaging.
"World Wrestling Entertainment commends the New York State Consumer Protection Board for its efforts to get this toy, which is a counterfeit product that was manufactured without the knowledge or permission of WWE, off the shelves," said Gary Davis, WWE Vice President of Corporate Communications. "We are glad to see this national recall by the CPSC as this product was manufactured by a company unknown to us that does not have a license agreement to use our trademarks, copyrights or other intellectual property. We are pursuing appropriate legal action."

New York State Agriculture Commissioner Patrick Hooker said, “New York State has taken an aggressive stance in protecting our citizens and in particular, our children from unsafe toys and food. Unsafe levels of lead, in addition to numerous other unapproved additives in food and toys, are not tolerated here in New York and I am pleased that our food inspectors were able to share their expertise in the Governor’s Safe Toys NY program.”

Further information about this and other recalls may be found on the CPB website at: http://www.nysconsumer.gov/important_recalls.htm. Or, consumers may link directly to the CPSC press release at http://www.cpsc.gov/cpscpub/prerel/prhtml08/08164.html.

The Consumer Protection Board, established in 1970 by the New York State Legislature, is the State's top consumer watchdog and think tank. The CPB's core mission is to protect New Yorkers by publicizing unscrupulous and questionable business practices and product recalls; conducting investigations and hearings; enforcing the “Do Not Call Law”; researching issues; developing legislation; creating consumer education programs and materials; responding to individual marketplace complaints by securing voluntary agreements; and, representing the interests of consumers before the Public Service Commission and other State and federal agencies.


To file a consumer complaint with the NYS Consumer Protection Board (CPB), call our toll-free hotline at 800-697-1220 or visit CPB’s website at www.nysconsumer.gov. In addition to the online complaint form, the website is home to important consumer safety information. To join the CPB’s Do Not Call Reminder list, send an e-mail to CPB's Do Not Call Reminder list