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Getting the lead out by Bill Cawthon

There’s been a lot of buzz in the media about toys recalled because of paints with unacceptably high levels of lead. Naturally, it’s spilled over into the model railroad discussion groups, where the old-timers reminisce about the good old days when we were tough and heavy metals were part of our diet, or at least our lifestyle; others facetiously wonder how many boxcars one would have to eat before showing symptoms of lead poisoning, or complain about an intrusive government and trial lawyers. In other words, a lot of folks miss the point.

Lead paint is toxic, especially to small children in whom it can cause anemia, learning and developmental problems, lowered intelligence, and other health difficulties. Recent research reveals what was thought to be acceptable level of ten — meaning ten micrograms of lead per deciliter of blood — may still be too high and the only acceptable lead level in a child’s blood may well be zero.

Whatever you think of the regulations, they have produced real benefits. Lead has been removed from gasoline, house paints, and toys, and the average child’s lead level has declined from thirteen in 1970 to about two today. It’s still a problem in inner cities and among children of disadvantaged families, but even there, progress is being made.

While good citizenship and concern for children’s health plays a role, a big reason American and European toy and hobby products companies require lead-free paint is the risk of getting hit with a lawsuit or recall. The current recalls are forcing toymakers to set aside tens of millions of dollars to handle claims, refunds, lawsuits, etc. This kind of money would bankrupt most model railroad companies.

Most of the manufacturing done in China is on a contract basis. XYZ Model Tramways doesn’t have a plant in Guangdong Province; they farm out the tooling and production to companies, generally a project-by-project basis. In turn, those companies buy paint, plastic, and other products from other suppliers. By the book, these materials are supposed to be certified by an independent laboratory and the factories are subject to periodic inspections but, in reality, the fox is usually the one guarding the henhouse.

What usually works in our favor is that production for our hobby is a very small piece of the total industry. The Chinese plants, which can be huge, are primarily engaged in making toys or premiums for cereal makers or fast-food chains. These account for the vast majority of the factories’ output; McDonalds is the world’s largest toy company and Mattel uses thousands of factories for its toy production. The contracts the owners sign to get this kind of business contain very strict conditions. So there is nothing to be gained by buying cheaper, uncertified, paint and risk a surprise inspection by Mattel or McDonalds who, upon finding it, would promptly cancel their contracts and sue the offending supplier into oblivion.

I can’t imagine why Zhang Shu-hung, the president of the company Mattel identified as the source of its contaminated toys in the first of the major recalls, would risk so much to shave costs in this way. It has been reported Zhang was sold the defective paint by his best friend. Whatever reason, he bought it, used it, and paid the ultimate price when the piper demanded his due.

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