July 12, 2004
Empire State Consumer Association
Environmental Advocates Of New York
Mercury Policy Project
National Wildlife Federation
New York Public Interest Research Group

GROUPS PRAISE STATE LEADERS FOR ENACTING MERCURY LABELING AND REDUCTION LAW
CALL ON KELLOGG'S TO IMMEDIATELY WITHDRAW TOXIC "SPIDEY" TOYS FROM CEREAL BOXES IN NEW YORK

Consumer and environmental groups praised the New York State Legislature and Governor Pataki for enacting a law today that will require labeling and proper management of consumer products sold in New York State that contain mercury, and will ban the sale or distribution of mercury-added novelty products such as toys containing mercury as of January 1st, 2005.

The groups called on Kellogg's cereal company to immediately comply with the spirit of the law and recall cereal boxes in New York that contain "Spidey-Signal" toys. The toy is powered with a mercury battery and is designed to project a web-shaped light. The cereal boxes contain the warning label, "Battery in toy contains mercury, dispose of properly."

Kellogg's has already withdrawn these products from New Hampshire and Connecticut, whose laws are similar to the one New York has now enacted.

"Kids shouldn't be given toxic toys in their cereal boxes," said Laura Haight, NYPIRG's senior environmental associate. "Unlike comic book heroes, children don’t gain superpowers from toxic chemicals."

"After a few hours of fun, most of these toys will end up in the garbage, and ultimately, will pollute our land, air, and water," said David Higby, Environmental Advocates of New York solid waste project director. "Mercury can cause irreversible damage to infants and children."

"While the toy comes with a warning, the battery is not easily removable, not replaceable, and no instructions are provided on how to dispose of it properly," said Michael Bender, director of the Mercury Policy Project in Montpelier, Vermont. "We hope that Kellogg's has learned a valuable lesson — putting mercury in children's toys is unacceptable. With great power comes great responsibility."

Across the country, groups have urged local supermarket chains to stop selling cereal boxes containing the Spidey-Signal toys. Hannaford Bros., one of New York's major supermarket chains, has stopped selling them at all 34 of its stores in New York.

"We're very pleased that the Governor has signed this important law," said Judy Braiman, president of the Empire State Consumer Association. "We urge our local supermarkets to follow suit and remove the cereals that contain mercury batteries which pose an environmental hazard."

Braiman received a letter from a Kellogg's company representative stating: "We have made a decision that moving forward we will source non-mercury added batteries for all children's toys." However, the company plans to continue to distribute the Spidey-Signal toy in cereal boxes throughout the U.S. except for Connecticut and New Hampshire. The groups urged consumers to call Kellogg's hotline, 1-800-237-1132, with their complaints about the toy.

The mercury bill was signed into law by Governor George E. Pataki at a press conference in White Plains today. The new law was sponsored by Assemblyman Thomas P. DiNapoli and Senator Carl Marcellino, the Assembly and Senate Environmental Conservation Committee chairs.

The groups also praised Westchester County Executive Andy Spano for speaking out on this issue. In a press statement dated July 6th, Spano called on residents and stores to boycott Kellogg's cereal products, saying, "We need to send a message that we won't tolerate such corporate irresponsibility." ###