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http://boston.com/dailynews/100/economy/New_York_sues_Wal_Mart_over_to:.shtml
New York sues Wal-Mart over toy gun sales
By Alicia Chang, Associated Press, 4/10/2003 11:27
ALBANY, N.Y. (AP) New York state has sued Wal-Mart Stores Inc., accusing the nation's largest retailer of selling toy guns that lack safety markings to distinguish them from real guns.
Toy guns sold in Wal-Mart stores have an orange cap at the end of the barrel but lack non-removable orange stripes along the length of the barrel as required by state law, according to the lawsuit brought by state Attorney General Eliot Spitzer.
''Retailers doing business in New York state must comply fully with the state law that requires several distinctive markings on toy guns,'' Spitzer said Thursday.
Federal law requires only that the barrels of toy guns have orange caps.
Safety experts say brightly colored barrel caps and barrel stripes are necessary in helping police officers distinguish a toy gun from a real weapon. The extra safety measures are important because plastic barrel caps can fall off or be removed, they said.
Simply complying with federal law isn't enough, Spitzer said.
''States have always, in the context of consumer protection, established limits that reflects the reality of problems in their states,'' Spitzer said. ''It may be in North Dakota this isn't a problem, because they simply don't have this problem to deal with. We do. We're trying to protect children and we're trying to put law enforcement officers in the position to make the right decision.''
A message left with Wal-Mart corporate headquarters in Bentonville, Ark., was not immediately returned Thursday.
The lawsuit, filed March 31 in state Supreme Court in Manhattan, seeks to prohibit the retailer from selling toy weapons in New York that violate state law and also seeks monetary penalties against the company.
The suit also alleged Wal-Mart sold toy guns in aluminum and black colors, which may be mistaken for actual firearms.
Improperly marked toy guns have led to deaths in New York. In March 2000, two teenagers from Brooklyn carrying toy guns were shot and killed by undercover detectives who did not realize the guns were fake.
Wal-Mart sold more than 42,000 toy guns in New York in the past 2½ years, according to Spitzer's office. Spitzer said he's unsure of Wal-Mart's profit in selling the toys or how many other states require the barrel markings.
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