Ty, best known for its Beanie Babies, says federal law takes precedence over the Illinois statute concerning its Jammin' Jenna dolls.
"The Jammin' Jenna doll meets all safety standards promulgated by the Federal Consumer Product Safety Commission, and the doll, like all of Ty's products, was tested for compliance with federal regulations before it was introduced on the market," Ty's chief operating officer, Scott Wehrs, said.
The state is considering suing Ty to force the company to comply. The state became aware of the lead in Jammin' Jenna dolls, not part of the Beanie Babies line, after the Chicago Tribune tested red vinyl shoes on three of the dolls and found all three exceeded Illinois lead limits.
Wehrs said Ty removed all Jammin' Jenna dolls from stores and replaced them with a redesigned shoe made of new material.
"In November, Ty again tested the toys, and the tests reconfirmed that the toys were safe and met all federal safety requirements," Wehrs said in a statement. "Even though it was not required to do so, Ty immediately ceased manufacturing this item and changed the material of the shoes."
Ty representatives have said the company is not violating state law because federal rules supersede it. While the state bans vinyl toys that contain more than 600 parts per million of lead, federal law does not.
Both the state attorney general's office and the federal Consumer Product Safety Commission have said the Illinois ban is valid because states can adopt their own rules where no federal law exists.