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A day in the life of CHEJ staff.

A Cold Wednesday in March Demonstrated the reach CHEJ has and how much is really accomplished.

A Cold, Windy and Snowy Day Did Not Stop Us.

Wednesday March 6th a storm was brewing across the Midwest and Northeast.  Despite the snow and travel warnings CHEJ’s leaders moved forward.  Here is what happened on that cold, windy and snowy Wednesday in March.

A day in the life of CHEJ

As I juggle calls from activists across the state of Ohio working on fracking, deep well injection, air pollution, cancer clusters and more I’m freezing outside at and anti injection well rally at the state capital.  Cold and tired watching e-mails cross my phone from CHEJ’s home office I realize how much CHEJ does in a day to move the country toward a safe, healthy and justice place for American families.

While I’m in Columbus, Ohio participating with my neighbors and friends to speak out about fracking waste disposal.  Even with the nasty weather, over 125 people gather at the state house to ask legislators to  stop accepting out-of-state fracking wastes. Ohio now has over 200 injection wells and last year accepted  581,559,594 gallons (that’s right over 581 million gallons) of fracking wastes.

My co-worker is working on greening the market place organized a shareholder action in Arizona around Disney’s use of poison plastic in toys and other children’s products.  This morning a shareholder action was held in Phoenix, Arizona.  Leaders handed out informational packets to Disney shareholders to ask them to stop using PVC the poison plastic in their toys.  Many shareholders had no idea that toys were being made in a way that could harm young children.

Commemorating 35th Anniversary of Love Canal

In New York City

That same evening a celebration and fundraiser was held in New York City with our Executive Director Lois Gibbs.  This was our first event  of several, commemorations of Love Canal events 35 years ago were underway.  Chevy and Jayni Chase joined us as our special guest along with 67 others who braved the weather to celebrate with us that evening.  CHEJ surpassed our fundraising goal at the event and launched the Leadership Training Academy.  Great time was had by all with great food, drinks, conversations with colleagues and a preview of the new documentary A Fierce Green Fire, The Battle for A Living Planet.







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Dear Legislators by Elisabeth Hoffman

This blog posted by Elisabeth Hoffman is worth sharing especially as activist try to move the state of Maryland to place a moratorium on fracking until studies are conducted that prove fracking is safe. I thought I’d post this instead because it moving.

So, we are taking stock. On the downside: The fracking moratorium legislation for Maryland fell one vote short of getting out of its Senate committee during this General Assembly session.

On the plus side: The Senate committee at least voted. And the vote was sooo close.

And, we are not going away. Or giving up.

That was the message from more than 100 concerned Marylanders at yesterday’s rally in front of the State House in Annapolis. In the pointed words of Mike Tidwell, Chesapeake Climate Action Network’s director, we told legislators: You had better “get to work” to protect communities, the environment and the climate from fracking.

The rally, organized by CCAN, included parents and grandparents, college and high school students and teachers (including a group from Glenelg Country School in Howard County), a couple of babies in backpacks and strollers, nurses and other activists, and Western Maryland residents who live in areas that would be drilled or where natural gas compressor stations are planned.

One of the biggest lessons of the day, though, came from Lois Gibbs, who organized her Love Canal neighbors in the late 1970s when toxic waste buried under their homes and schools started making people sick.

To the crowd at the rally, Gibbs said: “We did not win because we were right. Although we were right. We did not win because we were sick. Although we were sick. We did not win because we had legal rights. Although we had some rights. . . . We won because of people like you.” Science alone is not enough, she said. These will be political battles.

Toxic waste buried in the soil under Love Canal wasn’t supposed to move. But it did, and so will the fracking fluid, she said. “Do not go down this road with blinders on,” Gibbs said.

In Love Canal, 56 percent of children were born with birth defects, Gibbs said. They had extra fingers and toes, for example, or mental retardation, she said.

All the assurances from the natural gas industry that the fracking fluid will never cross into the water table are “hogwash,” she said. As executive director of the Center for Health, Environment &Justice, Gibbs said she has traveled to communities in Pennsylvania, Ohio, Colorado and Wyoming where drilling is happening. She has seen mothers who can’t bathe their children in the tap water and neighbors who have to raise money to bring public water lines to houses. While the industry makes millions.

“Fracking will kill the environment,” she said. More studies are needed, she said, “so that you don’t end up like the families at Love Canal.”

Also urging the crowd to press on was Garrett County resident Eric Robison, the owner of Eagle Rock Construction and a co-founder of CitizenShale. He said he was heartened by the size of the crowd because three years ago he and just a few others were sitting around a table trying to figure out what to do about the fracking wave headed for their community.

Image Eric Robison of CitizenShale says the governor’s temporary executive order and funding are insufficient. He said the state needs a legislative moratorium to have time to finish the studies called for in Gov. Martin O’Malley’s 2011 executive order. Although O’Malley has included $1.5 million in the next budget for the studies, he said, Environment Secretary Robert Summers has said neither the time nor the money is likely to be sufficient to complete the studies by the time the governor’s executive order expires in 2014.

After the rally, Robison, who is a contractor, said part of the reason he entered this fray is because he works with concrete daily. And concrete fails. Sometimes right away, sometimes years down the road. But it always fails. In fracking, a concrete casing forms the protective barrier between water aquifers and the steel casing that carries the hazardous fracking fluid.

Matia Vanderbilt, also a co-founder of CitizenShale, spoke at the rally a little more than a week after returning from the Frack Attack National Summit in Texas. “We are a piece of the puzzle,” she said, and must demand that legislators “put Marylanders first.”

The legislature “dropped the ball” this year, she said, but the defeat is a “small setback” and we can’t give up. Once the executive order expires, “we are completely vulnerable.”

Vanderbilt, who has lived in Western Maryland for 30 years, said she and others from Garrett County are fighting to protect water, children, farms and businesses. She talked about kayaking, swimming and hiking in the region and encouraged everyone to visit.

“When you come [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][to Garrett County], you will see why we fight,” she said. Next up: Environment Maryland, Food & Water Watch, CCAN and other groups are co-sponsoring a panel in Annapolis of landowners, farmers and others living with fracking in Pennsylvania. The event is Monday, March 18, at the House of Delegates building, Room 318, starting at 6 p.m. Speakers include: Rep. Jesse White (D), Pennsylvania House of Representatives, 46th District, (invited); Ralph Kisberg, president of Responsible Drilling Alliance, Williamsport, Pa., Margaret Henry, pig farmer from Lawrence County, Pa., and David Headley, landowner with drilling wells on his property in Smithfield, Pa. [/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

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Celebrating 35 years of Success

What a night it was! Long-time and new friends joined Lois Gibbs in New York City to commemorate the 35th anniversary of Love Canal. The event also honored and celebrated Lois for her legacy and leadership as the founder of the Center for Health, Environment and Justice (CHEJ).
It was a truly celebratory evening. You could feel real energy in the room as everyone enjoyed the warm company and delicious food. It was a night to recognize how far we’ve come since the days of Love Canal and to reflect on the elements that have powered change in the past three decades.
In line with the celebratory theme, there were no lectures or speeches; a brief clip of the Love Canal segment in the documentary A Fierce Green Fire, The Battle for A Living Planet was shown. There was giggling at some scenes; boos at those that showed anti-environmental attacks, like when Ronald Reagan alleged that “the environmentalist won’t be happy until they turn the Whitehouse into a bird’s nest.” And of course, there was a lot of applause when Lois challenged President Carter and the U.S. government by taking the EPA representatives hostage. It was a fun fifteen minutes of viewing.
CHEJ and Lois certainly felt proud to be recognized and introduced by our special guests Chevy and Jayni Chase. The evening was also a successful fundraiser for CHEJ, bringing new critical resources to support the work of CHEJ’s Leadership Training Academy. The event is the first in a series that will be held this year across the country, commemorating the Love Canal anniversary and raising funds to train and mentor the next generation of grassroots leaders through the Academy.
A big thanks goes out to our host committee for their planning and support, especially to our co-chairs Sarah Stranahan and Cara McCaffrey. Their hard work has set a very high bar. Thank you to all who came and to our sponsors. Your support and involvement will have a lasting positive impact in the communities in which we serve.

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How Ohio handles radioactive waste from oil/gas drilling

Ohio has an amazing way to make the radioactive waste produced by the oil/gas industry just disappear.  How you ask, just mix the radium 226 and 228 with dirt until the levels are only 5 picocuries above background.  There are two other options that Ohio gives industry, send the waste to a low level waste site in Oregon or to a landfill in Michigan that takes the radioactive waste below 50 picocuries.  Gee, wonder which one is cheapest for the oil/gas industry.

Ohio also is considering allowing the “beneficial use” of drill cutting.  They say nothing about testing of this toxic, radioactive waste.  Save landfill space is their cry.  One way Ohio is saving space is by using the drill cuttings as landfill cover.  Did Ohio consider that this waste may become airborne? Remember this is Ohio.

Maybe we should require that the multimillionaires of the oil and gas industry live next to the landfills or injection wells that take the drilling waste.  Just like during the Roman Empire when an architect built one of the still standing arches they were pretty sure that the arch was safe to walk under because, when they built one, the empire made the Designer/Architect stand under it while they removed the supports after construction.

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An Insider's View of The Toy Industry Association Flyering Event

My name is Tommy Mutell and I just started working at CHEJ’s New York City office as an intern last month. Last Tuesday I was given the opportunity to participate in a flyering event alongside about forty other people organized by the JustGreen Partnership to bring awareness to the nation-wide lobbying efforts of the Toy Industry Association (TIA) against the discontinuation of harmful chemicals such as BPA, phthalates, and mercury in toys.

TIA claims to have the best interests of its consumers as a primary mission to their association. However, what they say to consumers about toy safety and what they do regarding toy safety legislation and regulations are two different things. Our time at the Toy Fair, an event that attracted tens of thousands of visitors from 92 countries, was spent calling out TIA for their recent lobbying of continued usage of toxic chemicals in toys and other consumer products.

“The Toy Industry Association should stop toying around with our children’s health, and support state and federal efforts to protect children from toxic chemicals in children’s products,” said Mike Schade, Campaign Coordinator with the Center for Health, Environment & Justice (CHEJ).

The flyering event was really a great learning experience and I received a lot of satisfaction in helping to spread the word to the issues we are working to resolve. It felt like the few dozen of us accomplished the amount of work in about an hour that it would take me alone months to complete. I am learning that our collaborative efforts of flyering and raising awareness are really at the frontline of making an impact and bringing about change, and I am going to continue to work on the discontinuation of toxic chemicals in toys and consumer products in the months to come.  I also enjoyed meeting and working with other interns, staff, and volunteers at different environmental groups within the city, as well as members of NYPIRG, the Alliance of Nurses for Healthy Environments, and the Center for Environmental Health to name a few.

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Naptime Nightmares

A California watchdog group is suing major manufacturers and retailers, including Target and Amazon.com, for selling baby nap mats made with a toxic flame retardant that is also a known carcinogen, according to the San Francisco Chronicle (2/21/13).

The lawsuit is the latest legal move for the group, which last year put the companies on notice for selling or making similarly contaminated changing pads, crib mattresses and other items. While some of the manufacturers and retailers say they’ve started to change their practices, the Center for Environmental Health says it wants the courts to require swift action.

Many foam nap mats, which are widely used at places like day care centers, are doused with flame retardants linked to obesity, hormone disruption and infertility, according to the lawsuit. One of those flame retardants is chlorinated Tris, a carcinogen that was banned more than 30 years ago from children’s pajamas, the group says. These chemicals are released into the air that infants and toddlers inhale as they doze on the mats, said Caroline Cox, the center’s research director. “Kids are sleeping on them with their nose practically right up against the mat,” she said.

According to a report released by the Center, a Duke University scientist found flame retardants in 22 out of 24 nap mats that researchers bought or borrowed in California, New York, Connecticut, Massachusetts and other states. According to the lawsuit, the companies illegally failed to inform consumers that the products contain chlorinated Tris, which was banned from pajamas in 1979. That omission violates Proposition 65, the state’s consumer protection law, which requires warning labels on products with certain toxicants, the group said. The group said it can only sue sellers and makers of items with chlorinated Tris, because the other flame retardants found are not subject to Prop. 65.

Read more: http://www.sfgate.com/bayarea/article/Toxic-nap-mats-draw-suit-in-Oakland-4292200.php#ixzz2LZIds2z1

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Adverse Health – Real Cause – Poof Deflected

Two studies, from completely different states were recently released concluding the same thing. Both said there was no cause for alarm. Their findings . . . every elevated health abnormality was more likely due to something other than the chemicals in the environment. Poof the words on the paper report deflected the problems. Yet that is not what the studies honestly found.

Enough already . . . real people, with real families need honest answers. However, when there is a question or a real statistical finding of an abnormality the health authorities, as to not upset the corporate polluters or their friends in government, assumption that it’s more likely be a meteor, like recently seen in Russia, than due to chemical exposures in the air or soil. O.K. maybe not the meteor but the answers are just as foolish. The cause for high disease is almost never related to the obvious, 500 pound toxic elephant in the room, nor do the recommendations falls on the side of precaution and cleaning up the environment.

In North Birmingham a recent study around soil and air contamination suggested that the levels of chemicals would not be harmful to health unless you had pica children. Pica children are young and frequently because of age put hands and other things into their mouths. O.K. but the soils samples came from an elementary school grounds, just the place you would find pica children. Just wash their hands and teach them not to place their fingers in the mouth. Poof deflected. It’s the children’s fault and parents for not training the children well enough to keep their hands away from their mouths.

The second study came from New York. The NY State Department of Health undertook a study in Tonawanda where air contamination from multiple industries have been an on-going problem. They found high rates of cancer and birth defects. The study found cases of bladder cancer in the area were 24 percent higher for men and 81 percent higher for woman compared to the rest of New York State, excluding New York City. And women living in the neighborhood had 93 percent more leukemia cases than the rest of the state. Lastly, they found 30 percent more birth defects than the rest of New York State.

The analyses of birth outcomes in the study area compared to birth outcomes in NYS showed some elevations that were relatively smaller than the cancer elevations. Preterm births were elevated in the overall study area. Total heart defects as a group were also elevated, but major heart defects were not elevated.

Then poof the results went away! How? Doctors are better at reporting in the region then in other regions of the state. The report said, “the health investigators compared the birth outcomes in the study area to birth outcomes in Erie and Niagara Counties, the elevations declined substantially. This is consistent with other evidence suggesting this area has more complete reporting than elsewhere in the state.” Poof deflected.

Cancer results the health department said, “factors include smoking, family history, and occupational exposures, as well as others. In the general population, smoking is the most important risk factor for both lung and bladder cancer. We do not know the individual medical and exposure histories for the people included in this study.” Deflected again. So because the victims themselves could have cause the problem and we don’t know if they did the default is, these are sad people who are likely making themselves sick.

If only families living in contaminated areas could create that same magic and poof make the toxic, cancer causing and birth disrupting chemicals go away. Or pretend that contamination in school property will somehow not hurt young children even though the entire property, building and play area is intended for small children.

I walk with these parents, sit in their living rooms and listen as they try and struggle with the pain of their sick loved one and the disappointment they have for those who are supposed to protect and defend American families from criminals and their poisons.

It is hard to respond when parents, women ask over and over again, “why?” It’s not right when can’t smoke in buildings and restaurants (a very good law) but industries can just violate the law, poison people and government covers up the problems just as the tobacco industry did for decades. I never thought I’d see the day when the American people through our tax dollars hired scientists that mirror those that our elected leaders despised-tobacco scientists.

The message to all those fighting for justice and hoping that science may provide some evidence, it won’t – not because it can’t but because our scientists lack the back bone. Our struggles, although should be won on science alone, are clearly political fights and these two studies are just more proof.

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Making a Bad Decision Worse – Reselling Homes at Love Canal


Earlier this week, three families living in what was once the Love Canal neighborhood in Niagara Falls, NY filed a lawsuit against the state of New York for $113 million. The lawsuit alleges that the Love Canal landfill – with over 20,000 tons of toxic waste still sitting in the midst of this suburban neighborhood – is leaking and that people living nearby have become ill from chemicals coming from the landfill.

This year marks the 35th anniversary of the toxic waste crisis at Love Canal that led to the evacuation and relocation of over 900 families who lived around the toxic waste landfill. The events at Love Canal marked an important moment in history. It led directly to a sea change in how the country manages toxic waste; it was the impetus to the passage of the federal Superfund law that provides funds to clean up the worst toxic waste sites in the country; and it was the catalyst to the birth of a movement of grassroots leaders and community based organizations that changed the environmental movement in this country.

Lois Gibbs, who led the community efforts at Love Canal and who founded and is still CHEJ’s executive director, warned against resettling any of the homes around the Love Canal landfill. In a letter to the US EPA in 1989, Gibbs argued against allowing the area to be resettled for two basic reasons. First, the 20,000 tons of toxic waste that were dumped into the landfill remained in the middle of the neighborhood. The cleanup plan did not remove any of the waste and there were many uncertainties about whether the containment system would work, especially since there was no liner at the bottom of the landfill. Second, there were unacceptable levels of toxic chemicals throughout the Love Canal neighborhood including the areas targeted for resettlement. The cleanup plan did not address contamination outside the fence that surrounded the landfill, in areas where homes, once evacuated, were resold to innocent people who thought the area was safe.

Many of the new residents, some of whom I have personally talked with, believed the area was safe. It’s what the developers told them and what government officials led them to believe. Yet in 1988 when the state completed its evaluation of the contamination throughout the neighborhood, they never concluded that the area was safe. In fact, they found that 4 of the 7 sections of the Love Canal neighborhood were not habitable. And in the sections where homes were resettled, all they were comfortable saying was that it was as “habitable as other areas of Niagara Falls.”

What they did not say was that none of the Love Canal neighborhood was habitable after their first analysis which compared the levels of contamination in Love Canal to two neighboring towns. This conclusion was not politically acceptable, so they did a second analysis. This time they compared the levels of contamination in Love Canal to two selected areas of Niagara Falls. Both of these areas were suspiciously contaminated with many of the same chemicals found at Love Canal. Not surprisingly, they found the contaminant levels in Love Canal to be similar to the contaminant levels in these two select areas of Niagara Falls.  I doubt the people who bought resettled homes at Love Canal would have done so if they had known how this decision was made.

Love Canal was never habitable and people never should have been allowed to move back in. To get a copy of Lois’ letter to EPA or to learn more about the New York state habitability decision, contact CHEJ at info@chej.org.

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An Interesting Reaction

I wish someone could explain to me why an Ohio citizen was arrested on the spot and charged with a fifth degree felony for inducing panic for blocking an injection well, while a company (Hardrock Excavating) was caught red handed intentionally and illegally disposing of toxic brine, drilling mud and oil into a storm drain in Youngstown, OH.  But in this case nobody was arrested on the spot.

Madeline ffitch from Athens County blocked the entrance to an injection well by inserting her arms into two fifty-five gallons drums filled with cement.  Soon on the scene was the Athens County Sheriff’s Office, Albany Police, Albany Fire Department, Athens Fire Department, Ohio Department of Natural Resources (ODNR) Wildlife officer.  These local departments were joined by the Ohio State Highway Patrol tactical team who were flown in by helicopter from Columbus to handle this one woman.  Also, every supporter that had gathered to show support for Madeline was harassed by the sheriff’s office and asked for their name and social security number because they were witness to a crime.  Some citizens who didn’t know better complied. Talk about an overreaction by the local and state officials.

Now compare what Madeline did trying to protect her community to the illegal dumping of toxic brine, drilling mud and oil in Youngstown.  During the month of January the Ohio Department of Natural Resources had received several anonymous tips that illegal dumping was occurring but failed to investigate. (This doesn’t surprise citizens because ODNR has also ignored several complaints from citizens who have witnessed brine spills.) It wasn’t until another anonymous tip on February 1st that ODNR even went to the location.  ODNR was joined by the Ohio Environmental Protection Agency, and the U.S. Environmental Protection Agency.

When the state and federal agencies approached the dumper he admitted what he was doing and informed the agencies that he had been instructed to do so by the company owner.  The company owner, Ben Lupo, owns several companies including several injection wells in Ohio.  One of these wells was found to have caused the earthquakes in Youngstown during 2011 and 2012.

While investigating the dumping the agencies saw a brine hauling tanker leave the scene with the company name of Mohawk on the side of the tanker.  However, Mohawk did not have a license to transport brine in Ohio.  In fact, Mohawk was using the UIC identification number issued to Hardrock Excavating.  Yet, another illegal act.

A week after the dumping was discovered ODNR revoked all the permits for D&L Energy and Hardrock Excavating.  The decision by ODNR to revoke the permits can still be appealed by D&L Energy and Hardrock, which are owned by the same person who ordered the dumping.

U.S. EPA estimated 40,000 gallons of water had been removed from the Mahoning River. EPA investigators also estimated that between 1,000 and 1,500 gallons of oil had been dumped into the storm drain which drains into a tributary which empties into the Mahoning River.  Communities downstream were notified that they should shut down the water intakes.

Talk about under reaction by state officials.

Who should be considered the felon here?

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Is vinyl plastic making our children fat and asthmatic?

An alarming pair of new studies add to the mounting scientific evidence linking vinyl chemicals to asthma and obesity in children.

The latest study found an association between the phthalates DINP and DIDP and asthma, which are primarily used to make vinyl flooring and other vinyl products flexible.  The researchers report:

“The strong correlation between MCOP and MCNP suggests similar sources of exposure to the parent compounds, which are both used primarily as plasticizers of PVC and may be used in flooring, wall coverings, building materials, heat-resistant electrical cords, car interiors, and toys.”

OK.  I need to vent, for just one moment.

We’re talking about asthma here people! You know, the disease that impacts over 7 million children!  A disease that kills over 3,000 Americans a year.  AND it’s super costly.  According to the CDC, asthma costs $57 billion a year in healthcare costs. B-I-L-L-I-O-N.

Now that I got that out of me, as I’ve blogged before, this isn’t the first time certain phthalates have been linked to asthma.  It’s not even the second or third!

What’s particularly interesting is that DINP and DIDP are phthalates the industry loves to argue are “safe.”  And of course, they make the same argument for just about every other poisonous chemical they just love to pump into consumer products.

The other new study, which Nick Kristof wrote about in the New York Times last weekend, found a link between certain organotins and obesity.

Nick Kristof sums it up:

“Just this month, a new study in the journal Environmental Health Perspectives found that endocrine disruptors that are sometimes added to PVC plastic cause mice to grow obese and suffer liver problems — and the effect continues with descendants of those mice, generation after generation.”

These chemicals which can apparently help trigger obesity, have been coined obesogens (dioxins and phthalates have also been linked to obesity BTW).

Like phthalates, organotins are added to vinyl products to give them certain properties; in this case they’re used as “stabilizers.”  Lead and cadmium are also used as stabilizers, and now the chemical industry seems to be playing a toxic shell game with our children’s health, where they’re replacing one toxic stabilizer for another (in this case, switching out lead for cadmium or organotins).  If that’s not a regrettable substitute, I don’t know what is. Oy.

What’s especially concerning is that these chemicals continue to be used in building materials and other vinyl products in our homes and schools, where our kids spend so much of their time.  Why is that they can be banned in toys, but still be allowed in so many other products?!

If we want to avoid these harmful additives, and all the other toxic hazards associated with vinyl (HELLO!  chlorine gas, ethylene dichloride, vinyl chloride, chlorinated byproducts like PCBs, dioxins and furans, and mercury, oh my!), the best thing to do is to get it out of our schools and homes in the first place.

These new studies underscore the need for companies like Disney to get these chemicals and plastic out of children’s products one and for all.

After all, it’s better to be safe than sorry.  Right?