The firm is seeking an injunction in the Superior Court of Québec against Protégez-Vous, a consumer advice publication, that it says used the wrong test for lead content on a pre-school toy made in Canada and subsequently published the erroneous results.
Mega Brands says Protégez-Vous used a so-called "total lead" test applicable only to coated products on a molded Mega Brands product that contained no paint or other coating. Protégéz-Vous did not use the global standard lead test for unpainted plastic products, commonly referred to as the "lead migration" test.
The firm says the mag also made no attempt to contact it before publishing the findings.
"While we respect and support Protégez-Vous' commitment to informing consumers about product safety, in this case, they made a very grave error," said Marc Bertrand, President and CEO of MEGA Brands.
"Simply put, Protégez-Vous used a paint test on an unpainted plastic product and reached a misleading conclusion. We promptly notified Protégez-Vous of their mistake and more importantly confirmed through independent safety testing and government
safety agencies that the results published by Protégez-Vous are inaccurate."
Upon learning of the Protégez-Vous report, Mega Brands immediately contacted the Canadian Toy Association, Canada's principal trade association for toy manufacturers and distributors, as well as Bureau Veritas, a leading international independent safety testing lab.
The Canadian Toy Association confirmed that the publication used the wrong test for lead content on the Mega Brands product and that their results do not properly measure the product's safety.
Protégez-Vous has already mailed the publication with the misleading findings to its subscribers. Mega Brands is seeking to prevent Protégez-Vous from selling further copies ahead of its
scheduled distribution of the magazine to newsstands on October 19th.