news release
ANDREW J. SPANO, Westchester County Executive SUSAN TOLCHIN, Director of Communications

CONTACT: SUSAN TOLCHIN (914) 995-2932

LYNNE BEDELL (914) 995-3106

DONNA GREENE (914) 995-2935

FOR IMMEDIATE RELEASE JULY 6, 2004

SPANO CALLS “OUTRAGEOUS” DECISION OF KELLOGG’S CEREAL TO RECALL SPIDERMAN TOY WITH MERCURY FROM CEREAL IN TWO STATES BUT NOT NEW YORK

Spano urges residents and stores to boycott cereal product

Says if Kellogg’s doesn’t reverse itself, Attorney General Spitzer should intervene

“Outrageous” is the way County Executive Andy Spano today described the decision of cereal manufacturer Kellogg’s to recall in two states cereals containing a toy that includes mercury but to continue to sell the product in New York.

“Mercury is bad for the environment and bad for people whether you live in New York or live in Connecticut,” said Spano. “It is outrageous that Kellogg’s is pulling this dangerous product off the shelves in Connecticut and New Hampshire but continues to sell the product in New York.”

He added, “I urge consumers and retailers to boycott this product. And if Kellogg’s won’t reverse itself, I urge Attorney General Eliot Spitzer to intervene to force the company to pull the product off the shelves in New York.”

Westchester has been a leader nationwide in efforts to protect people and the environment from the toxic effects of even a small amount of mercury (such as that in old-style fever thermometers).

The toy in question is a “Spidey-Signal” that is wrapped around the wrist and shines a red web- or spider-shaped light. On the back of the boxes, a warning reads “Battery in toy contains mercury, dispose of properly.” The toys are packaged in specially marked Kellogg’s cereals to coincide with the opening of “Spider-Man 2.” The products include Rice Krispies, Frosted Flakes and Corn Puffs.

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Kellogg’s P. 2

Spano urged consumers to boycott the Kellogg’s products with this toy and to return any products they already bought with this toy. The phone number for Kellogg’s is 1-800-237-1132.

“This is an issue that crosses state lines and poses a risk to all of us,” Spano said. “Why would anyone think to put mercury-containing batteries in children’s toys – and even worse, package it into a food product? What if the mercury leaked? We need to send a message that we won’t tolerate such corporate irresponsibility.”

Spano is also appealing to Gov. George Pataki to sign a bill into law that would ban the sale of "novelty items" containing mercury. The bill was recently passed by the Assembly and Senate and sent to the governor for approval.

Last week, Spano sent a letter to Kellogg’s CEO Carlos M. Gutierrez, that reads in part: “I cannot understand the logic or rationale of putting mercury products inside children’s cereal. Even more ludicrous is your company’s warning on the back of the box stating ‘battery in toy contains mercury, dispose of properly,’ without advising customers of just how to properly dispose of a mercury battery. Has your legal department considered the liability you have exposed your shareholders to if a battery leaks in one of your cereal boxes and is consumed by a child? This conduct represents the height of corporate irresponsibility.”

Mercury is a toxic heavy metal that occurs naturally in the environment and which has been widely used for well over a century in the manufacture of consumer, industrial, medical and other products. The disposal of mercury-bearing products in municipal solid waste systems poses a risk of contaminating air and water resources and, ultimately, of impacting public health.

The Spano administration has taken enormous steps and been a leader in the nation when it comes to eliminating products containing mercury. Spano proposed and signed into law a bill to ban the sale of fever thermometers that use mercury and the use of mercury gauges by professionals, such as plumbers, to test gas pressure. And the company that runs the county’s garbage incinerator, Wheelabrator Westchester LP, launched a free program to exchange mercury thermometers for digital ones that do not use mercury.

In addition, Westchester has enacted legislation to eliminate barometers, thermostats, and light switches containing mercury from entering the waste stream. A more recent initiative is a public education campaign warning pregnant women and young children of the dangers of eating certain types of fish.

To read more about mercury dangers, visit www.westchestergov.com/health

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