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Lead-containing paint and on toys and furniture coated with such paint

CPSC Recall #77-096 - September 1, 1977

Recall Summary

Recall Number77-096
Recall DateSeptember 1, 1977
Remedy Type-

Product

Lead-containing paint and on toys and furniture coated with such paint

Description

WASHINGTON, D.C. (Sept. 2) -- The U.S. Consumer Product Safety Commission (CPSC) has culminated a major regulatory proceeding by issuing a final ban on lead-containing paint and on toys and furniture coated with such paint. This action was taken to reduce the risk of lead poisoning in children who may ingest paint chips or peelings. Until now, the maximum level of lead allowed in consumer paints has been 0.5 percent. CPSC has lowered this amount to 0.06 percent, a level conforming with the maximum permissible under the Lead-Based Paint Poisoning Prevention Act. This Act, administered primarily by the Department of Housing and Urban Development, prohibits application of lead-based paint to housing constructed or rehabilitated with federal assistance. Exempted from the new ban are mirrors backed with lead-containing paint which are part of articles of furniture, as well as artists' paints and related materials. Also exempted, provided they bear specified cautionary labeling, are certain agricultural and industrial coatings, touch-up coatings for appliances and lawn and garden equipment, graphic arts coatings, and certain coatings for powered model aircraft. This ban under the Consumer Product Safety Act will take effect 180 days after publication September 1 in the Federal Register and will apply to products manufactured on and after that date.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a remedy at no charge. If you experienced an injury, report it at SaferProducts.gov.

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Frequently Asked Questions

Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly, either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (refund, replacement, or repair) at no cost to you.

Yes. If you were injured by a defective consumer product, whether recalled or not, you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.

In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.

If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney, parent companies, distributors, and retailers may still bear liability in some circumstances.

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