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PORTLAND (AP) – Cereal boxes that contain toys powered by mercury batteries will stay on store shelves in Maine even though Kellogg’s pulled the cereal boxes in two other states, officials said Friday.

Kellogg’s agreed to pull boxes containing the toy used to promote the summer movie “Spider-Man 2” from stores in Connecticut and New Hampshire. Both states have laws banning batteries containing mercury.

“It is a matter of practice to comply with local laws and regulations,” said Celeste Clark, senior vice president of corporate affairs, after being contacted by the attorneys general from both states.

The “Spidey Signal” toys, which coincide with the movie’s release, are packaged in plastic pouches in the cereal bags. The box and a slip of paper inside the pouch warn consumers to dispose of the toy properly.

Connecticut Attorney General Richard Blumenthal threatened this week to go to court to get the company to remove the products from store shelves. He also threatened to pursue legal action against stores that sold the cereal.

“My hope is that this agreement will be a model for the entire country. It’s a big breakthrough, a victory for public health, environmental protection and Spider-man’s good time,” Blumenthal said after the company agreed to take action.

But the Kellogg Co. will not pull boxes containing the toy from Maine shelves because there is no state law yet barring mercury-powered “button” batteries, said Chuck Dow, spokesman for Attorney General Steven Rowe.

“While the legislature considered a specific ban on mercury-containing button cell batteries, there’s not a specific ban,” Dow said, adding the attorney general’s office plans to examine the issue further.

Dow said lawmakers ordered a study to be released next year on the batteries’ environmental effects but did not ban the batteries.

According to Kellogg’s Web site, the toy is available in specially marked packages of Apple Jacks, Coca Rice Krispies, Corn Pops, Honey Smacks, Kellogg’s Frosted Flakes, Marshmallow Froot Loops, Rice Krispies, Rice Krispies Treats and Tony’s Cinnamon Krunchers.



On the Web:

Kellogg’s: http://www.kelloggs.com/promotions/spiderman2/signals.shtml

AP-ES-07-02-04 1800EDT


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