Associated Press
July 1, 2004
HARTFORD, Conn. -- Connecticut's attorney general is threatening to entangle both Spider-Man and a cereal giant in a web of litigation.
Attorney General Richard Blumenthal wrote a letter to the Kellogg company
Wednesday, asking that boxes of Rice Krispies and other cereals that contain
a "Spidey Signal" toy be pulled from store shelves because they contain
mercury batteries in violation of Connecticut law.
If Kellogg's doesn't switch the toy's battery or remove the cereal from
store shelves, Blumenthal said he plans to go to court and seek an
injunction. He's also considering legal action against stores.
"To put it very simply, no healthy breakfast begins with mercury. This
problem cannot be sugar coated," Blumenthal said.
The mercury batteries are a health danger to children and pregnant women,
and needlessly imperil the environment - and aren't legally allowed to be sold in Connecticut, he said.
The Kellogg's promotion is timed with the premiere of the anticipated summer
blockbuster "Spider-Man 2," which debuts in theaters Wednesday.
The wristwatch-shaped toys project either a red spider, web, or Dr.
Octopus-shaped light onto the wall. The toys are packaged in a separate
plastic pouch isolated from the cereal inside the box.
The box and a slip of paper inside the pouch warn consumers that the toy
contains mercury, and should be disposed of properly. The batteries and
light are not replaceable, and last for about 25 hours, the box said. The
warnings also tell children to not look directly into the toy's light.
The company consulted with the state Department of Environmental Protection
and Bureau of Waste Management about the product, said Jenny Enochson,
director of marketing and communication for the Kellogg Company. The company
put the mercury warnings on the box because of Connecticut's regulations, she said.
"We were surprised to receive the letter," she said. "We do believe that we are in compliance, and don't have plans to remove products from store shelves."
The state's mercury-reduction laws, passed two years ago, ban the sale of
novelties such as toys, holiday decorations, musical greeting cards,
figurines and practical joke merchandise that contain mercury.
But if the battery can be easily removed, such as in a wristwatch, the item
is not defined as a novelty. Battery-makers for those products must create a
label that informs consumers of the mercury and tells them to dispose of it
properly, said Bob Kaliszewski, a DEP official in the Division of
Environmental Assistance and Outreach.
The "Spidey Signal's" battery is not replaceable and can only be removed by dismantling the toy.
Blumenthal said the Battle Creek, Mich.-based company can power the toy with
mercury-free batteries.
According to Kellogg's Web site, the toy is available in specially marked
packages of Apple Jacks, Cocoa Rice Krispies, Corn Pops, Honey Smacks,
Kellogg's Frosted Flakes, Marshmallow Froot Loops, Rice Krispies, Rice
Krispies Treats and Tony's Cinnamon Krunchers.
It is also advertised on other Kellogg's and Keebler products, available for
free by mail with four UPC codes.
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On the Net:
Kellogg's: http://www.kelloggs.com/promotions/spiderman2/signals.shtml
Connecticut Mercury Laws: http://www.dep.state.ct.us/wst/mercury/mercury.htm
Copyright 2004 Associated Press