8/9/06 Highsmith Tests Lead Content in Toys
The OLC has learned that tests of certain bendable cat and dog toys distributed as part of a Collaborative Summer Library Program to many Ohio libraries by Highsmith Inc., a distributor of supplies, furniture and equipment to public, academic and special libraries, have tested in excess of the maximum allowable lead content permitted by federal regulations.
Highsmith issued a news release, August 8, 2006, reporting that the Indiana State Department of Health had conducted tests of these toys that produced a result above current allowable limits. Highsmith reported that independent tests in October, 2005 had shown compliance with applicable limits. Highsmith is conducting a second test, with results promised on August 9, 2006.
Until these further results are made available, the OLC recommends that libraries remove these toys from inventory, so that they are not further distributed to patrons. If the second test result confirms that Indiana State Department of Health test, we expect that Highsmith will be required, under applicable law, to provide all libraries with a recall poster that libraries can display within their buildings and with other recall information that the libraries can put on their Web sites.
At present, libraries have no independent duty to notify recipients of these toys. We suggest that libraries should speak with their legal advisors regarding any exposure to the library which could arise to the extent that libraries initiate efforts independent of Highsmith's to recall these toys.
Any questions should be directed to Lynda Murray, OLC Director of Government and Legal Services, (614) 416-2258.
