Warns Holiday Shoppers About Health Hazards Associated with Lead Paint 

Photo of the MAXX Action Helicopter Toy is Available Here 

The New York Department of State’s Division of Consumer Protection is urging the federal Consumer Product Safety Commission to issue a recall of the MAXX Action Helicopter toy, and for Dollar General stores to remove the toy from its shelves immediately. Research and testing found the black window coating of this toy car contains 1.7 times the allowable paint and surface coating lead level established by the federal Consumer Product Safety Improvement Act. The Division is also seeking to warn holiday shopping consumers about the health hazards the lead paint found on the MAXX Action Helicopter presents to children.

“As New Yorkers finish up their last-minute holiday shopping it’s critical that they are informed about which toys are safe for their children,” said Secretary of State Walter T. Mosley. “During routine product testing, our Division of Consumer Protection has found that the MAXX Action Helicopter toy poses a serious health risk to children due to high levels of lead. I urge Dollar General to pull this item from its shelves immediately and for the federal Consumer Product Safety Commission to issue a recall of this product.”

State Health Commissioner Dr. James McDonald said, “Toys containing lead are a source of lead exposure in young children, especially very young children who are more likely to put toys in their mouth. Parents and guardians should have the peace of mind to know that the toys they buy for their children are safe and free from toxic substances. Products that are found to violate established health and safety standards should be removed from store shelves and a recall should be issued.”

As part of its responsibilities, the Division of Consumer Protection (DCP) conducts product research and testing and enforces New York’s Children’s Product Safety and Recall Effectiveness Act. Product testing found the MAXX Action Helicopter contains a 160 parts per million (ppm) total lead content in the black coating on the helicopter windows. This lead level is 78% above the federal Consumer Product Safety Improvement Act (CPSIA) limit of 90 ppm for the presence of total lead content in paints and surface coatings, in violation of CPSIA Section 101 & 16 CFR 1303. The toy is distributed by Old East Main Co. and sold at stores throughout New York State, including Dollar General, where the MAXX Action Helicopter was purchased.

The DCP contacted the federal Consumer Product Safety Commission (CPSC) to request a national recall of the MAXX Action Helicopter containing lead and asked Dollar General to remove the toy from its shelves and discontinue its sale. The DCP also contacted the distributor Old East Main Co. requesting it cease the distribution and sale of the MAXX Action Helicopter in New York State and nationwide.

If anyone has the MAXX Action Helicopter at home, they can dispose of it by simply throwing it in the garbage, or they can choose to set it aside in a safe area and await any future recall instructions, which may or may not include a refund component.

Lead is a chemical substance often used in production of painted toys, furniture and toy jewelry; cosmetics; food or liquid containers; and plumbing materials. According to the New York State Department of Health, lead is a metal that can harm children when it gets into their bodies. Lead can harm a young child’s growth, behavior, and ability to learn. It can also cause anemia, kidney damage and hearing loss. MAXX Action Helicopter contained 160 ppm of lead, well above the federal limit of 90 ppm. More information on Childhood Lead Poisoning Prevention is available here.

Hazards in children’s products are often latent and unfortunately not known until someone is hurt. Accordingly, the DCP urges consumers to follow simple safety tips when shopping to best ensure the toys purchased are safe for children:

• Always purchase age-appropriate toys.
• Read labels carefully and take note of all warnings.
• Keep toys in good condition and dispose of broken toys or repair them right away.
• Make sure any fabric toys are labeled as flame-resistant or flame-retardant.

About the New York State Division of Consumer Protection

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The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.