Monday, February 1, 2010

Mattel and Fisher Price Toy Class Action Settlement

If you bought or received as a gift a new Mattel or Fisher Price toy in 2007 or earlier, you may be eligible for a class action settlement.  The settlement (if approved on March 15) allows for $4 per recalled toy (up to 3 per household).  If the affected toy part is returned, a replacement part will be provided if available.  You must apply either online or by mail by May 29, 2010.  Here is some pertinent information:

What is this Settlement about?


Plaintiffs claim Mattel and other companies ("Defendants") violated various laws by making and selling children's toys with excessive levels of lead, lead paint, or magnets that could become loose. Defendants deny they did anything wrong.

The Parties agreed to settle the case to avoid further litigation. The Settlement provides refunds to "Class Members" who bought or received the toys, and parents and guardians may be reimbursed if they had their child tested for lead within 6 weeks after the Recall announcements of the toy in question.

Mattel has agreed to implement a three-year quality assurance program to make sure that Mattel and Fisher-Price toys do not contain excessive lead or magnets that could become loose, and will donate $275,000 to the National Association of Children's Hospitals and Related Institutions.

Please note that only Recalled Toys purchased within the United States or its Territories are covered under this Settlement.

Am I a Class Member?

You are a Class Member if you or your minor child for whom you have custody or control as a parent or guardian bought or received (including by gift) either:

(1) A toy recalled by Mattel on November 21, 2006, August 2, 2007, August 14, 2007, September 4, 2007, or October 25, 2007. Such Recalled Toys include certain Sesame Street toys, Dora the Explorer and Diego toys made by Fisher-Price, and certain Mattel Toys, such as Batman, Polly Pocket, Barbie accessories, and Sarge cars; OR

(2) Certain blood pressure monitor cuffs in toy medical kits.

To see if a toy you bought or received as a gift is within the Settlement, you can view a list of the Recalled Toys by clicking this link: Exhibit A - List of Recalled Toys.

Additionally, parents and guardians may be reimbursed for their out-of-pocket costs if they had their child tested for lead within 6 weeks after the Recall announcement of the toy in question.

What Are My Options?

To file a claim, click on this link File a Claim. You can also request a Claim Form be sent to you by contacting the Claims Administrator. Click HERE for information on how to contact the Claims Administrator.

To be valid, the Claim must be received by May 29, 2010.

If you don't wish to be in the Settlement, you can:

- Exclude yourself by February 22, 2010, OR

- Stay in and object to the Settlement by February 22, 2010.

The Court will hold a hearing at 1:30 p.m. on March 15, 2010, to consider whether to finally approve the Settlement, and whether to grant Co-Lead Counsel's request for attorneys' fees and expenses, to which Mattel does not object. You don't have to attend the hearing, but you may if you want to. Please do not contact the Court directly.

Here is a link to the list of recalled toys included in this class action settlement.

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