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FOR IMMEDIATE RELEASE

July 21, 2006

CONTACT: Charles Margulis, 510-697-0615 (cell); Michael Green or Alexa Engelman, 510-594-9864; 510-378-7333 (Michael Green cell)

FDA URGES PRODUCERS TO STOP MAKING LEAD-TAINTED VINYL LUNCHBOXES

Agency warns manufacturers that vinyl lunchboxes may leach lead into food, posing health risks to children

Oakland, CA – The Food and Drug Administration (FDA) notified makers of soft vinyl (PVC) lunchboxes yesterday that they should stop marketing vinyl lunchboxes that may leach lead into foods. FDA’s letter to manufacturers states that any lead on the surface of a lunchbox lining can be expected to contaminate food and would therefore be a prohibited food additive. Last year, the Center for Environmental Health (CEH) brought national attention to the issue of lead-tainted children’s lunchboxes when the nonprofit sued makers and retailers of vinyl lunchboxes for violating California law.

FDA’s notice is the first federal action to stop the sale of lead-tainted lunchboxes. “We applaud FDA for taking this decisive action to protect children’s health,” said Michael Green, Executive Director of CEH. “It is past time for strong government action to insure our kids are safe from lead at lunchtime.” An email from FDA Consumer Safety Officer Kenneth McAdams to CEH investigative staff stated, “[T]hank you and CEH again for your work on this that first alerted us to the issue, and the help you provided us.”

FDA’s letter to lunchbox makers states that the agency’s position is based on lunchbox testing performed by the Consumer Product Safety Commission (CPSC). But CPSC has refused to take action to prevent lead poisoning risks from lunchboxes, and stated after conducting “preliminary” tests that lead from lunchboxes would not pose health risks. In contrast, FDA’s notice clearly warns lunchbox makers of lead-poisoning risks, stating that since…some migration of lead [from lunchbox interiors] to food…may be reasonably expected, we urge companies to refrain from marketing such lead-containing lunchboxes....it has been a longstanding objective of the FDA to reduce, to the extent possible, consumer exposure to lead from foods. The adverse health effects of elevated lead levels in children are well-documented and may have long-lasting or permanent consequences.

Recently, many lunchboxes found in stores by CEH include labels suggesting that the products are “lead safe,” or “lead free.” But there is often no explanation of what testing companies did to determine the amount or availability of lead from the lunchbox. For example, CEH purchased Thermos-brand lunchboxes at Target labeled “Tested Lead Safe.” When CEH called Thermos for information, a company representative could not describe the testing method, and instead referred CEH to a June 1 company press release stating that CPSC has found that lead in lunchboxes “would not present a health hazard to children.” Another lunchbox purchased at Wal-Mart is labeled as “Tested Lead Safe,” and contains a tag stating that “Representative samples of this product have been tested for lead according to the U.S. Consumer Product Safety Commission…and found to comply with their guidelines.”

In response, CEH has issued a renewed caution: “Parents should take notice that a “lead safe” label on a lunchbox may not provide adequate assurance, if companies are using CPSC’s outdated standard,” said Green. “We urge retailers to be vigilant in informing suppliers that lunchboxes are not safe if they contain any lead that can contaminate food.”

A CEH investigation begun in 2005 has found lead in dozens of children’s lunchboxes bought at major retailers, including Target, WalMart, JC Penny’s, Toys “R” Us and Walgreens. But the retailers were slow to respond, and CEH’s announcement of lead in lunchboxes prompted hundreds of parents from across the country to mail lead-positive lunchboxes purchased at these and other stores to CEH headquarters in Oakland, California. Lunchboxes featuring Superman, Tweety Bird, Powerpuff Girls, and other familiar characters were found with high lead levels.

For more information about CEH’s investigation, including photos of lunchboxes and of “lead safe” notices on lunchboxes, see www.cehca.org/lunchboxes.htm


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