New York Attorney General Letitia James announced a settlement with retail giant Walmart after an investigation revealed that the company had shipped realistic-looking toy guns to New York, violating state law. The toys in question, sold by third-party sellers on Walmart's online marketplace, and distributed via Walmart's fulfillment services, are indistinguishable in color and appearance from actual firearms, which poses a danger to public safety. According to a statement from the Attorney General's Office, Walmart is now on the hook for $16,000 in penalties and fees.
"Realistic-looking toy guns can put communities in serious danger and that is why they are banned in New York," James said, as reported by the Attorney General's Office. Walmart's oversight failure allowed these items to be shipped to various New York localities, including New York City, Westchester, and Western New York. Under New York’s General Business Law, retailers are prohibited from selling or shipping toy guns in realistic colors like black, dark blue, silver, or aluminum and they should be noticeably different in design to avoid any confusion with real guns. The settlement requires Walmart to cough up $14,000 in penalties, and $2,000 in fees, a tangible reminder that they, and other retailers, are responsible for their product lineup.
The investigation by the OAG included purchasing one of these prohibited toy guns through Walmart’s online platform to confirm that they could indeed be shipped to a New York address. The successful purchase highlighted a gap in Walmart's control over its third-party sellers, emphasizing a need for stricter compliance with state-specific regulations. In response to the settlement, the conglomerate must now ensure that all third-party sellers on its website are restricted from selling imitation guns to New York consumers.
Consumers have been urged to report any sightings of realistic-looking toy guns being sold in stores or online with delivery options to New York, Attorney General James emphasized the importance of community vigilance in maintaining safety. The office provided contact avenues for individuals to file complaints regarding such products. This settlement was facilitated by a team of legal experts from the OAG, including Assistant Attorney General in Charge Andy Aujla, Deputy Assistant Attorney General in Charge Ben Bruce, Assistant Attorney General Kathryn Martin, Special Counsel for Complex Litigation Colleen K. Faherty, and former Special Counsel Eric Haren, with investigative support from Peter Schottenfeld and Ralph Dorismond.
