MONTREAL - A Quebec Superior Court judge has rejected an injunction request by toymaker Mega Brands Inc. to stop the distribution of a consumer magazine's toy guide.
The Montreal-based toymaker announced its decision to seek the injunction after learning that the popular holiday toy buying guide by "Protegez-Vous'' fingered one of its Mega Bloks products for elevated lead levels.
The company claims "Protegez-Vous'' used a paint-based test on a moulded plastic product, leading to inaccurate lead test results.
But Quebec Superior Court Justice Kevin Downs ruled Wednesday against the toymaker's demand that "Protegez-Vous'' stop distributing its guide.
The magazine's 2008 toy guide is slated to hit newsstands this Friday.
The toymaker and the magazine are at odds over the lead content in the blocks.
The non-profit magazine is standing by its claim that the Mega Blocks Mega System has high lead levels.
The magazine said at a news conference on Wednesday that its tests on lead concentration in a sample of toy building blocks are valid and were done according to Health Canada standards.
Mega Brands later countered by claiming Health Canada tested its Mega Bloks and "declared it safe.''
"This confirmation puts to rest the confusion Protegez-Vous created,'' president and CEO Marc Bertrand said in a statement.
"We are pleased that Health Canada, the Canadian Toy Association and Bureau Veritas have now all confirmed that our products are safe,'' Bertrand said.
While it is not unusual for plastic products to contain traces of lead, they can be toxic if ingested by young children.
Mega Brands is particularly sensitive to claims about the safety of its products after one child died and four others were seriously injured when they swallowed tiny magnets in the Magnetix line of building sets.<
Shares in Mega Brands closed Wednesday at $16.21, up 16 cents.
