June 30, 2004, Hartford, CT
By Noreen Gillespie
Associated Press Writer
HARTFORD, Conn. (AP) -- Connecticut's top crime-fighter is threatening to entangle Spider-Man and a cereal giant in a web of litigation.
Attorney General Richard Blumenthal has asked Kellogg Co. to have several cereals that contain a "Spidey Signal" toy pulled from store shelves because the toys contain mercury batteries.
If Kellogg's doesn't switch the batteries or remove the cereal boxes, Blumenthal said he plans to seek a court injunction. He's also considering legal action against stores.
The mercury batteries threaten the health of children and pregnant women, needlessly imperil the environment and are illegal to sell in Connecticut, he said.
"To put it very simply, no healthy breakfast begins with mercury. This problem cannot be sugar-coated," Blumenthal said at a news conference Wednesday.
The Kellogg's promotion is timed with the premiere of the anticipated summer blockbuster "Spider-Man 2," which debuted 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.
According to the Kellogg's Web site, the toys are 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.
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 warnings say.
The Battle Creek, Mich.-based company consulted with state environmental officials about the product, Kellogg's spokeswoman Jenny Enochson said. The company put the mercury warnings on the box because of Connecticut's regulations, she said.
"We were surprised to receive the letter," Enochson 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.
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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
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