July 15, 2004
Empire State Consumer Association
Environmental Advocates Of New York
Mercury Policy Project
National Wildlife Federation
New York Public Interest Research Group

KELLOGG'S TO STOP DISTRIBUTING TOXIC SPIDERMAN TOYS
GROUPS PRAISE NYS ATTORNEY GENERAL SPITZER

Consumer and environmental groups applauded New York State Attorney General Eliot Spitzer for negotiating an agreement with Kellogg's to stop selling cereal boxes in New York that contain "Spidey-Signal" toys that are powered with a mercury battery. The toys, which project a web-shaped light, are a promotional tie-in with the Spiderman II movie.

Under a new law signed by Governor Pataki on Monday, novelty products such as the "Spidey-Signal" toy containing mercury cannot be sold or distributed in New York after January 1st, 2005. The law was passed in order to reduce the amount of mercury entering New York's solid waste stream. Kellogg's had previously retracted its sales of this product in Connecticut and New Hampshire, which already had similar laws in place.

Under the agreement, Kellogg's has agreed to:

• discontinue distributing the Spidey-signal toys in New York State and nationwide by September 30, 2004
• provide, through their website and toll-free number, pre-paid mailers for parents to return the toys to Kellogg's when they're done, which will recycle the mercury batteries
• never again sell or distribute toys containing mercury batteries

"We're delighted to see such quick action on this issue," said Laura Haight, NYPIRG's senior environmental associate. "In the words of Tony the Tiger, "It's G-r-r-r-r-r-r-e-a-t!"

"We're pleased that Kellogg's has taken to heart the theme of the Spiderman movie - 'with great power comes great responsibility' - and taken steps to mitigate the environmental impacts of its actions," said Michael Bender, director of the Mercury Policy Project in Montpelier, Vermont.

"We commend Eliot Spitzer for his role in negotiating this agreement with Kellogg's," said David Higby, Environmental Advocates of New York solid waste project director. "Mercury can cause irreversible damage to infants and children. Once it ends up in our garbage, mercury will pollute our land, air, water, and food supply. We all hope other manufacturers and vendors – including those for things like auto switches, cell phones and electronics of all kinds - follow this lead and begin taking back their products for recycling and disposal, before pending legislation compels them to do so."

"We're very pleased that all of our statewide elected officials have joined together in addressing this significant environmental problem of mercury in our waste stream," said Judy Braiman, president of the Empire State Consumer Association. "And we urge Kellogg's to stop selling these toys across the country - if it's not safe enough in New York, New Hampshire, and Connecticut, it's not safe anywhere."

“Kellogg's has avoided a public relations and public health nightmare by agreeing to take back their mercury batteries,” said Kathy Curtis, Executive Director of Citizens’ Environmental Coalition. “This would be a good opportunity for them to proactively examine all of their products, packaging and processes to eliminate any other persistent toxic chemicals they may be using.”

“Not only is today’s announcement a victory for children, it is also good news for New York’s wildlife," said Catherine Bowes of National Wildlife Federation. “Toxic mercury is building up in fish across the region at astounding levels, and we should be doing everything we can to prevent novelty uses of mercury."