Children's Rights

Attorney General Kamala D. Harris and Legislative Leaders Unveil Truancy Legislation

March 10, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – Attorney General Kamala D. Harris today announced a package of legislation to help local school districts and communities address California’s elementary school truancy crisis. Each year, an estimated one million elementary school students are truant and 250,000 elementary school students miss 18 or more school days at a cost of $1.4 billion in lost funds to California school districts.

Joined by State Superintendent of Public Instruction Tom Torlakson, State Senator Bill Monning and Assemblymembers Raul Bocanegra, Rob Bonta, Joan Buchanan, Isadore Hall and Chris Holden, Attorney General Harris announced her sponsorship of five bills that will help schools, parents and government effectively intervene when children are chronically absent, and improve local school districts’ and counties’ ability to track attendance patterns.

“California’s Constitution guarantees our children the right to an education, yet our elementary schools face a truancy crisis,” Attorney General Harris said. “When children in kindergarten through sixth grade miss school, they fall behind and too many never catch up. The consequences for California’s economy and public safety are very serious. These bills modernize attendance monitoring and build the support schools, parents and communities need to get California’s children to class."

The legislation will:

-          Assist schools and counties as they work with parents to address the core reasons behind truancy and chronic absence.

-          Provide local school districts and counties tools to comply with attendance tracking requirements in the Local Control Funding Formula (LCFF), state truancy mandates and state and federal reporting requirements.

-          Modernize state and local systems to track and prevent truancy and chronic absence.

-          Ensure that schools, districts, counties and the state can evaluate the success of interventions to combat truancy and chronic absence.

“It is an honor to be able to partner with Attorney General Harris on SB 1107. We have long known the importance of early childhood education, and that full attendance of elementary school students is one of the keys to later academic success. By mandating the annual tracking and reporting by the Attorney General, we will be able to offer local school districts additional tools in tackling this very complex issue,” Senator Monning said.

“I’m proud to stand with Attorney General Harris to unveil this package of legislation that will help to address the truancy crisis here in California. AB 1866 will allow educators and stakeholders to identify students at risk of becoming truants earlier in the process, which will allow preventative steps to be taken to ensure these students get back to school and back on track. Hundreds of thousands of our young men and women are truant from school each and every year. That is simply unacceptable and I applaud Attorney General Harris for helping to shine a spotlight on this critical issue,” Assemblymember Bocanegra said.

“Putting our children on the right path starts with making sure they are in school, and requires that we all work together to ensure that happens. That means developing the lines of communication between schools, parents and law enforcement to address the issue—which is what AB 2141 does. Additionally, this package of bills being put forward by the Attorney General will help stakeholders intervene early when students are not in class,” Assemblymember Bonta said.

“With the right individuals at the table, such as mental health or social service agencies, we can work with students and families to find a positive solution to attendance challenges. By requiring every county to have a SARB, we guarantee that this important tool is available across the state,” said Assemblymember Buchanan.

"A student's chronic truancy is a symptom of larger problems in a young person's life. Our efforts to reduce student truancy mean very little when we don't know which programs work and which ones don't. My AB 2141 is an important tool in helping to identify successful outcomes which will help us to better coordinate state and local efforts needed to keep students on track and in the classroom,” Assemblymember Hall said.

“I am proud to author a bill that will help more students stay in the classroom and out of the courtroom.  If schools aren’t tracking what students are missing you won’t be able to effectively fix the problem. Second graders are missing school and arriving late for very different reasons than 11th graders. Requiring County Offices of Education to forward the complete reports to the Department of Education will allow the State to identify trends and find best practices to address this crisis,” Assemblymember Holden said.

In School +On Track also made the point that elementary school truancy is at the root of the state’s chronic criminal justice problems. Missing large amounts of school is one of the strongest predictors of falling behind academically and dropping out, even in early grades. According to one study, students who missed 10% of their kindergarten and first grade years scored, on average, 60 points below similar students with good attendance on third-grade reading tests. And, students who don’t read proficiently by the third grade are four times more likely not to receive a high school diploma than proficient readers, which puts them at risk of becoming a victim or perpetrator of crime. An increase of graduation rates by just 10% would result in a 20% drop in violent crime, and prevent 500 murders and more than 20,000 aggravated assaults per year in California.

Annually, dropouts cost California taxpayers an estimated $46.4 billion in incarceration, lost productivity and lost taxes.

As the District Attorney of San Francisco, Attorney General Harris started a citywide truancy initiative in 2006.  Over a two-year period, then-District Attorney Harris’ initiative reduced truancy among elementary students in San Francisco by 23%, according to the San Francisco Unified School District.  The initiative also served as a model for SB 1317 (Leno), which defined “chronic truancy” for the first time under state law and established the initiative’s model of combining meaningful services with smart sanctions in the California Penal Code.  The bill was sponsored by then-District Attorney Harris and was enacted into law in 2010.

Attorney General Harris’ Truancy Legislation Package

SENATE BILL 1107 - Mandated Annual Report Legislation

Author: Senator Bill Monning

Mandate that the California Attorney General issue an annual report on elementary school truancy and chronic absenteeism similar to 2013’s In School + On Track report. This will help track truancy and chronic absence rates and highlight effective programs to improve attendance across the state.

ASSEMBLY BILL 1866 - Statewide Attendance Data System

Author: Assemblymember Raul Bocanegra

Enhance the state Department of Education’s student record system to include fields on truancy and absenteeism. California is one of only four states in the country that does not collect student attendance data. This will allow local school districts to monitor and analyze attendance patterns, as required under the LCFF.

ASSEMBLY BILL 1672 - Enhanced SARB (Student Attendance Review Board) Reports

Author: Assemblymember Chris Holden

Require that local SARBs (School Attendance Review Boards) report annually on referral rates to county offices of education and expand these reports to include information on student enrollment, absence and truancy rates, district attorney referrals and SARB intervention outcomes. Current annual SARB reports provide minimal information about intervention outcomes, so it is difficult to get the full picture of SARB efforts around the state. This bill ensures schools, districts and counties can evaluate the success of truancy intervention efforts.

ASSEMBLY BILL 1643 - Mandatory SARBs

Author: Assemblymember Joan Buchanan

Require that every county create a SARB. Forty years ago, the legislature created SARBs in order to divert students who were having school attendance issues from the juvenile justice system. County SARBs are a great local tool to provide training, guidance and oversight to local SARBs within a county to ensure consistency and achievement of the SARB’s core mission: improved attendance.

ASSEMBLY BILL 2141 - District Attorney Referral Outcome Reports

Authors: Assemblymember Isadore Hall, Assemblymember Rob Bonta

Require that when a parent or student is referred to district attorney’s office or any other agency engaged in prosecution or charges are considered to enforce state school attendance laws, the prosecuting agency must provide a report on the outcome of the referral. This helps school officials determine which outcomes are effective and guarantees baseline information sharing between referring agencies and prosecutors.

Additional statements of support for this legislation and graphics from the press conference are available at: https://oag.ca.gov/news

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Attorney General Kamala D. Harris Applauds the California Endowment’s Focus on Elementary School Attendance

October 9, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement on the California Endowment’s announcement that part of its $50 million “Sons & Brothers” campaign will fund multiple programs focused on reducing truancy and chronic absence in California elementary schools:

“California’s elementary school truancy crisis is hurting our children, the economy and public safety,”  Attorney General Harris said.  “The California Endowment’s investment is the kind of leadership California needs to combat this problem and build a stronger, more secure state. Everyone has a role in getting our youngest students to class, and I thank the Endowment for tackling this important issue head on.”

Today, the California Endowment announced a commitment of $50 million over the next 7 years which will focus on chronic absence, 3rd grade reading levels, high school graduation and postsecondary certification. Among other goals, the campaign aims to improve attendance by 30% in partnering schools.

Last week, Attorney General Harris released a report, In School +On Track, which examines the state’s elementary school truancy crisis and provides solutions to fight the problem.  According to the report, students who are chronically absent before 3rd grade score 60% lower on 3rd grade reading level tests. Studies show that 1 in 6 students who are unable to read proficiently by 3rd grade will fail to graduate from high school on time which costs the state billions of dollars. The Attorney General’s report called on funders to focus their efforts on improving 3rd grade reading levels by financing new programs to improve elementary school attendance.

More information on the California Endowment’s campaign can be found here: http://www.calendow.org/sonsandbrothers.aspx

Attorney General Harris’ report can be found here: http://oag.ca.gov/truancy

Report on California Elementary School Truancy Crisis: One Million Truant Students, Billions in Economic Harm

September 30, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – California Attorney General Kamala D. Harris today unveiled the first state-wide statistics on California’s truancy crisis which reveal that, last year alone, 1 million elementary school students were truant and 250,000 elementary school students missed 18 or more school days at a cost of $1.4 billion in lost funds to California school districts.

These findings are part of a report, In School and On Track, issued today by Attorney General Harris in Los Angeles where statewide education, public policy and law enforcement leaders were convened to discuss this crisis and identify concrete solutions.

“The California Constitution guarantees every child the right to an education, yet we are failing our youngest children, as early as kindergarten,” Attorney General Harris said. “These are children as young as five years old who are out of school, falling behind, and too many of them never catch up. This crisis is not only crippling for our economy, it is a basic threat to public safety.  It’s time for accountability and to craft real solutions at every level - from parents to school districts, to law enforcement - to solve this problem.”

According to the report, elementary school truancy is at the root of the state’s chronic criminal justice problems. According to the report, missing large amounts of school is one of the strongest predictors of dropping-out, even more so than suspensions or test scores. Annually, dropouts cost California taxpayers an estimated $46.4 billion in incarceration, lost productivity and lost taxes.

Information broken down by school district and county is available here: https://oag.ca.gov/truancy and: https://oag.ca.gov/truancy/ch1

Key Findings from In School and On Track:

  • In California last year, 1 million elementary school students were truant and 250,000 students missed 18 or more school days.
  • In some California elementary schools, 92% of students were truant last year.
  • California school districts are losing $1.4 billion in funding due to truant students.

Solutions from In School and On Track:

  • California must create a statewide system to collect student attendance records.
  • School districts must improve the way truant students are monitored.
  • School administrators must meet with parents or guardians immediately when a child is truant.
  • Law enforcement must focus on early, positive intervention to empower parents and students.
  • Parents must be held accountable, including prosecution in the most severe cases.

Attorney General Harris was joined at the symposium by: Los Angeles District Attorney Jackie Lacey, California Superintendent of Public Instruction Tom Torlakson, Compton City Mayor Aja Brown, Dr. Robert Ross, President & CEO of the California Endowment, Tom Saenz, President and General Counsel of the Mexican American Legal Defense and Educational Fund and Hedy Chang, Director of Attendance Works.

The California Attorney General’s office will issue this report annually.  The office’s Civil Rights Enforcement Section spent 7 months researching this crisis and convening stakeholders to devise solutions.

As the District Attorney of San Francisco, Attorney General Harris started a citywide truancy initiative in 2006.  In the course of investigating factors contributing to the city’s violent crime rate, she found that 94% of San Francisco homicide victims under age 25 were high school dropouts.  Then-District Attorney Harris formed a partnership with the school district to inform parents that they had a legal duty to ensure that their children attended school, provide parents of chronically truant students with wrap-around services and school-based mediation, and prosecute parents in the most severe cases where other interventions did not work.

Over a two-year period, then-District Attorney Harris’s initiative reduced truancy among elementary students in San Francisco by 23%, according to the San Francisco Unified School District.  The initiative also served as a model for SB 1317 (Leno), which defined “chronic truancy” for the first time under state law and established the initiative’s model of combining meaningful services with smart sanctions in the California Penal Code.  The bill was sponsored by then-District Attorney Harris and was enacted in law in 2010.

The report is available in its entirety online at: https://oag.ca.gov/truancy

Attorney General Kamala D. Harris Issues Warning on Potential Scams Targeting Young Immigrants

August 15, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO --- Attorney General Kamala D. Harris today warned Californians about potential scams targeting young immigrants seeking to participate in the federal government’s recently launched Consideration of Deferred Action for Childhood Arrivals program.

Beginning today, certain young immigrants who were brought to United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and, as a result, may be eligible for work authorization. To learn more about the Consideration of Deferred Action for Childhood Arrivals program, please visit the U.S. Citizenship and Immigration Services’ website: http://www.uscis.gov.

While the California Attorney General’s Office has not yet received any citizen complaints of scams directly related to this new program, immigrants are often the target of consumer scams and should be vigilant in seeking assistance related to the Consideration of Deferred Action for Childhood Arrivals program.

To combat the threat of scams, Attorney General Harris has provided the following information and tips as eligible immigrants begin to apply for consideration:

If you are seeking help from an attorney:

  • Is the person offering legal services a lawyer licensed by the State Bar of California? You can check out an attorney online at http://www.calbar.ca.gov/ or by calling 1-800-843-9053.
  • If you cannot afford a private attorney, the Board of Immigration Appeals provides a list of attorneys who provide immigration services either for free or for very little cost. This list is available online at http://www.justice.gov/eoir/probono/states.htm. You can also contact your local legal aid office. For a referral, visit www.lsc.gov and click on the Find Legal Assistance tab.

If you are seeking help from an immigration consultant:

  • Immigration consultants are required to register with the California Secretary of State’s Office, and to post a $50,000 bond. You can check out an Immigration Consultant online at http://www.sos.ca.gov/business/sf/bond_search/ or by calling 1-916-653-3984.
  • It is against the law for an immigration consultant to give legal advice. An immigration consultant can only give you non-legal help, such as translating your answers to questions on U.S. Citizenship and Immigration Services forms.
  • Get a written contract signed and dated by the immigration consultant. Make sure the contract lists the full name and contact information for the immigration consultant, the services you were promised and how much you have agreed to pay. The contract must be written in both English and your language. You have the right to cancel the contract within 72 hours of signing the contract. You must cancel the contract in writing. Give only copies of original documents to the immigration consultant; keep your originals in a safe place.

If you have a complaint against an Immigration Consultant, please contact the California Attorney General’s Office. You can file a complaint online at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by mailing your complaint to Office of the Attorney General, Public Inquiry Unit, P.O. Box 944255, Sacramento, CA 94244-2550.

Department of Justice Seeks Help in Locating Family of Child Found Wandering Streets in Mexico

March 27, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

CALEXICO -- The California Department of Justice is asking for help in locating the family members of a child found wandering the streets in Mexicali, Mexico.

Michael Anthony Perez Hernandez is a 5-year old Hispanic male, 3’ 6” in height, 40 pounds, with brown hair and black eyes. The child was found by a Hispanic female adult in May 2011, in the downtown area of Mexicali. The child was dropped off at Social Services in Mexicali (DIF). DIF has been trying to identify and contact the child’s parents.

On March 22, 2012, DIF, through the San Diego, Children Welfare Services asked the Foreign Prosecutions and Law Enforcement Unit (FPLEU) within the Justice Department to assist in locating the child’s family. Authorities believe the child is from the Imperial Valley/Calexico area, since he has described local landmarks. The child identified his parents as Jorge Perez and Evelyn Hernandez, grandparents as Angela and Juan, and claimed to have 4 siblings. Michael only speaks Spanish.

The child is not currently listed in the California Missing and Unidentified Persons System.

If anyone has information regarding Michael Anthony Perez Hernandez or his family members, please contact FPLEU Special Agents Guillermo Auyon and San Diego County Child Welfare Specialist Francisco Llerandi or at (858) 514-6911.

The FPLEU assists state and local law enforcement agencies in the location and prosecution of suspects who are Mexican nationals accused of committing violent crimes in California and flee to Mexico to avoid arrest and prosecution in California. Additionally, the Department of Justice is the point of contact in cases arising under the Hague Convention on the civil Aspects of International Child Abduction. The Child Abduction Unit has designated the FPLEU as the law enforcement point of contact for all Hague cases. In this capacity, FPLEU is also responsible for handling all child recoveries and returns.

The child’s photo is also attached to the online version of this release at www.oag.ca.gov.

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Statement from Attorney General Kamala D. Harris on National Week of Action on School Discipline

October 5, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

During this National Week of Action on School Discipline, I encourage local and state policymakers to consider the range of alternatives to suspension and expulsion. We need to hold kids accountable and help them learn from their mistakes, but also keep them in school and on course to graduate. As a career prosecutor, I know that frequent use of out-of-school suspension for non-violent offenses can set the stage for the type of chronic truancy that leads to students dropping out of school and becoming victims of crime.

That is why I am pleased to recognize this National Week of Action on School Discipline from October 1-8 in California and across the United States.

Social Media Stalker Sentenced to Four Years in State Prison

July 27, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris announced today that George Samuel Bronk, 23, of Citrus Heights, was sentenced on Friday to more than four years in state prison for stalking women on the social networking site Facebook.

Bronk plead guilty in Sacramento Superior Court to seven felonies, including computer intrusion, false impersonation and possession of child pornography. Bronk received four years, eight months in state prison and will have to register as a sex offender.

"For all of the conveniences the Internet offers, it has also opened a new frontier for crime. Cyber-predators, like Mr. Bronk, must be held accountable for their criminal activities,' Attorney General Harris said. 'Let this be an example for all those who will stoop to steal other people's identities.'

From December 2009 through September 2010, Bronk accessed e-mail accounts and Facebook pages of people in 17 states, as well as residents of England. He essentially found answers to the women’s e-mail security questions in information they had posted on their Facebook sites.

Bronk searched the victim’s “sent mail” folder for nude or semi-nude photographs and videos, which he often sent to the victim’s entire e-mail address book. He also gained access to some victims’ Facebook accounts by clicking the “Forgot Your Password?” link and asking for a new password to be sent to the victim's e-mail account, which he now controlled. In many cases, he posted the photographs to victims’ Facebook pages and to other Internet sites and made comments on the Facebook sites of friends.

Superior Court Judge Lawrence Brown rejected a defense request for probation and sentenced Bronk to state prison. Judge Brown sentenced Bronk to four years in state prison for the crimes of computer intrusion and false impersonation and then added an additional consecutive term of eight months for Bronk's possession of child pornography.

The investigation began after one victim contacted the Connecticut State Police, and the agency then contacted the California Highway Patrol because the suspect appeared to be operating here. The CHP requested the Attorney General's assistance.

On the hard drive of Bronk’s desktop computer, which was confiscated from his Citrus Heights home during a search in September, investigators found more than 170 files containing explicit photographs of women, including a film actress, whose e-mail accounts he had commandeered. Finding victims, however, proved a challenge. CHP and Attorney General agents were able to use location tagging information embedded on the photographs on Bronk’s hard drive to assist in identifying victims, and e-mailed 3,200 questionnaires to potential victims asking them to come forward.

Some 46 victims did, including one who described Bronk’s actions as “virtual rape.”

Brown Takes Action to Make Children's Bounce Houses Safe

August 11, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – Continuing his fight to ensure the safety of equipment used by children, Attorney General Edmund G. Brown Jr. today filed a lawsuit against several companies involved in manufacturing children’s bounce houses because some of the inflatable structures contain unsafe amounts of lead.

Testing done by the Center for the Environmental Health and the Attorney General’s office found that some of the vinyl in the bounce houses contains lead levels that violate both federal and state regulations.

“Kids at birthday parties can spend hours playing in bounce houses,” Brown said. “The goal of our lawsuit is to eliminate any chance they will be exposed to lead while they’re jumping around having a good time.”

Bounce houses are large inflatable structures designed for children to play in and on. Facilities that feature indoor inflatables are popular sites for children’s parties, serving millions of children a year. Companies also rent inflatables for use at children’s parties.

In February and March 2010, the Attorney General’s office received notices from the Center for Environmental Health alleging that its testing showed parts of some bounce houses were contaminated with high levels of lead, ranging from 5,000 parts per million (ppm) to 29,000 ppm. Federal limits on lead in children’s products are 90 ppm for painted surfaces and 300 ppm for all other parts.

Today’s lawsuit is intended to force these companies to stop using lead-containing vinyl immediately and to cease selling the lead-containing products. In addition, the action is intended to warn purchasers of these products, and require party places and rental companies to post warnings.

The main exposure pathway from the bounce house to the child is hand-to-mouth. Lead is transferred from the vinyl to a child’s hand during play and then to the mouth.

There is no safe exposure to lead. The tested levels of lead are not high enough by themselves to cause acute health problems, but some people, especially children, who are exposed to lead from a variety of sources can suffer health problems. For that reason, it’s important to eliminate sources of lead whenever possible.

Companies named in the lawsuit include:

Bay Area Jump
Cutting Edge Creations
Funtastic Factory, known as einflatables.com
Magic Jump
Leisure Activities Co.
Thrillworks
The Inflatable Store
Jump for Fun, Inc.
Jump for Fun National, Inc.

In the past year, Brown has initiated several enforcement actions against manufacturers and retailers for lead in products designed for children.

In July, Brown reached a settlement with artificial turf manufacturers to lower lead levels in turf fields and playgrounds. In June, Brown demanded that Rainbow and 5-7-9 stores remove from shelves jewelry with parts containing as much as 97% lead.

Earlier this year, Target removed teddy bears from its stores after Brown notified the company that lead was found in the product. In November 2009, Brown warned several retailers, including Walmart, Sears and Walgreens, to remove several products designed for children that were found to contain excessive levels of lead.

A copy of today’s complaint is attached.

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Brown Announces Electronic Cigarette Maker's Agreement to Stop Deceptive Marketing and Sales to Minors

August 3, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – Attorney General Edmund G. Brown Jr. today announced a settlement with Sottera, one of the country’s largest electronic cigarette producers, to prevent the company from targeting minors and claiming that electronic cigarettes are a safe alternative to smoking.

"Electronic cigarette companies have targeted minors with fruit-flavored products and misleading claims that their products are safe,' Brown said. 'This settlement will stop Sottera from marketing these dangerous and addictive products to kids.”

Brown and Sottera reached the settlement without litigation based on Sottera’s willingness to adopt measures that address Brown’s concerns about the dangers of its electronic cigarettes. In January this year, Brown filed suit against the nation’s other leading e-cigarette retailer, Smoking Everywhere. That lawsuit is proceeding in Alameda County Superior Court.

Electronic cigarettes, or e-cigarettes, are battery-operated devices with nicotine cartridges designed to look and feel like conventional cigarettes. Instead of actual smoke, e-cigarettes produce a vapor from the nicotine cartridge that is inhaled by the user. Sottera and other electronic cigarette makers have claimed in advertisements and other marketing materials that the e-cigarettes have no carcinogens, no tar, no second-hand smoke, and are therefore safe.

However, the U.S. Food and Drug Administration (FDA) has determined that electronic cigarettes contain a variety of dangerous chemicals, including nicotine, carcinogens such as nitrosamines and, in at least one case, diethylene glycol, commonly known as antifreeze.

The products are often marketed with advertisements, and flavors like strawberry, chocolate, mint, banana and cookies-and-cream, that are designed to appeal to a youthful target audience.

Today’s settlement prohibits Sottera from marketing to minors and from making false or misleading claims about electronic cigarettes. Specifically, the company has agreed that it will not:

• Sell electronic cigarettes to minors. Its website will be age-restricted, and a customer will need to provide a government ID before making a purchase. Retail products will be behind a counter. Any advertising will note the age restriction.
• Sell flavored electronic cigarette cartridges, such as strawberry, mint or bubblegum, that could appeal to minors.
• Advertise its product as a smoking cessation device unless the FDA approves it as such.
• Sell cartridges that contain vitamins unless the company obtains competent and reliable scientific evidence to support an implied health claim.
• Claim that the product is safer than cigarettes, contains no tobacco, no tar, no carcinogens or no second-hand smoke unless there is competent reliable scientific evidence to support the claims.

Sottera also agreed to adopt and implement quality control standards for its products to preclude the presence of harmful substances. The company will regularly be subject to independent audits.

Sottera will also provide a Proposition 65 warning that its products contain nicotine, a chemical known by the State of California to cause birth defects or reproductive harm. The warning will include additional information about risks associated with nicotine, including that it is addictive and toxic if swallowed. The warning will appear on product packaging, Sottera’s website and at retail sites.

Sottera will also pay $85,000 in penalties and fees.

A copy of the consent judgment is attached.

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Brown Reaches Settlement to Reduce Children's Lead Exposure in Artificial Turf

July 16, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – Continuing his fight to reduce children’s exposure to lead, Attorney General Edmund G. Brown Jr. today announced a settlement that requires two of the largest makers and installers of artificial turf to eliminate nearly all lead from their products.

“Because schools, public parks and daycare centers use artificial turf, it’s critical that we minimize the amount of lead it contains,” Brown said. “Today’s agreement will get the lead out of artificial turf in playgrounds and ball fields around the state.”

The settlement requires Georgia-based Beaulieu, LLC, the country’s largest supplier of artificial turf to retailers, and Field Turf, USA, the nation’s largest maker and installer of artificial turf fields, to reformulate their products to reduce lead levels to negligible amounts.

The agreement follows a landmark settlement last year with AstroTurf, LLC. Collectively, the three companies control most of the artificial turf market, and their settlements with Brown’s office establish the nation’s first enforceable standards applicable to lead in artificial turf.

Brown brought the case in 2008 against these companies for excessive lead levels after testing by the Center for Environmental Health found high concentrations of lead in their products. Brown’s office confirmed these findings in independent tests.

Today’s settlement requires Beaulieu and FieldTurf to change their products so that they contain less than 50 parts per million lead. Lab results found some artificial turf products with more than 5,000 parts per million, which is more than 10 times state and federal guidelines for content in children’s products. Lead is added to the products to keep colors vibrant.

There is no safe exposure to lead. In lengthy or high exposures, it is toxic to many organs and tissues including the heart, bones, intestines and kidneys. Since excessive exposure can interfere with development of the nervous system, it is particularly dangerous in children and can cause permanent learning and behavior disorders.

Lead in artificial turf usually enters the human body hand-to-mouth. Children playing on it get lead onto their hands and stick them into their mouths. Hand washing is a good way of reducing exposure.

In addition to reformulating their products, Beaulieu agreed to pay for wipe-testing of products in California daycare facilities, schools and playgrounds that were purchased after October 2004. FieldTurf took action in 2003 to reduce lead in its turf products. This settlement requires it to replace turf fields installed in California before November 2003 at a discount if they test high for lead, and also to reduce the lead content of its new products.

The Los Angeles City Attorney and Solano County District Attorney joined Brown in the case against the three companies. AstroTurf paid $170,000 in penalties, grants and fees, and agreed to improve its products. Beaulieu will pay $285,000 and FieldTurf will pay $212,500.

In the past year, Brown has initiated several enforcement actions against manufacturers and retailers for lead in products designed for children.

In June, Brown demanded that Rainbow and 5-7-9 stores remove from their shelves jewelry with parts containing as much as 97% lead. Earlier this year, Target removed teddy bears from its stores after Brown notified the company that lead was found in the bears. In November 2009, Brown warned several retailers, including Walmart, Sears and Walgreens, to remove from their store shelves several products designed for children found to contain excessive levels of lead.

Copies of the artificial turf settlements are attached.

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PDF icon FieldTurf Consent Judgment211.77 KB
PDF icon Beaulieu Consent Judgment1.62 MB