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November 2009
Trouble in Toyland
November 2009
Acknowledgements
Written by Elizabeth Hitchcock, Public Health Advocate with the U.S. PIRG Education Fund.
U.S. PIRG Education Fund issues this report under a Creative Commons “some rights
reserved” license. You are free to copy, distribute or display the work for non-commercial
purposes, with attribution. For more information about this Creative Commons license, visit
http://creativecommons.org/licenses/by-nc-nd/2.5/.
The author would like to thank Jeff Gearhart, Research Director for HealthyStuff.org and the Ecology
Center, Brian Imus and Kate Lehman of Illinois PIRG, Fielding Huseth of Maryland PIRG, Charity
Carbine of Vermont PIRG, Blair Anundson of Washington PIRG, Bruce Speight of Wisconsin PIRG,
and Ed Mierzwinski and Brian Walker of U.S. PIRG for their help with the research and production of
this report. Special thanks to the Colston Warne program of Consumers Union for supporting our work
on consumer protection issues. Additional thanks to the Beldon Fund and individual contributors for
their generous support of our work on environmental health and toxics issues.
U.S. PIRG Education Fund: With public debate around important issues often dominated by special
interests pursuing their own narrow agendas, U.S. PIRG Education Fund offers an independent voice that
works on behalf of the public interest.
U.S. PIRG Education Fund, a 501(c)(3) organization, takes on powerful interests on behalf of citizens,
working to win concrete results for our health and our well-being. With a strong network of researchers,
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theft, fighting political corruption, providing safe and affordable prescription drugs, and strengthening
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For a free copy of this report, visit our website. Or, for a hard copy of the report, send a check for $30
made payable to U.S. PIRG Education Fund at the following address:
The CPSIA strengthened the CPSC and In the next section, we identify our key
established tough new protections against findings. Findings:
toxic chemicals like lead and phthalates.
New and expanded leadership at the CPSC - CHOKING HAZARDS -
has begun to put these protections into
effect. Choking on small parts, small balls and
balloons remains a leading cause of toy-
But there is no magic wand to rehabilitate related deaths and injuries. Between 1990
the tattered product safety net. Considering and 2007, at least 196 children died after
the 15,000 products under its regulation, the choking or asphyxiating on a toy or toy part;
CPSC remains a very small agency with a very three children died in 2008 alone.
big job to do. Tough new bans on lead and
We found toys for children under three Exposure to lead can affect almost every
with small parts and toys with small parts for organ and system in the human body,
children under six without the required especially the central nervous system. Lead is
choke hazard warning label. especially toxic to the brains of young
children.
Our analysis of recalls and other actions
taken by the CPSC 3 from January 1- Lead has no business in children’s products,
November 10, 2009 revealed that choking whether in paint or coatings or in metal toys,
hazards were the leading cause of such jewelry or other children’s products (vinyl
actions. In 2009, 5.3 million toys and other bibs, lunchboxes, etc). The Consumer
children’s products have been pulled from Product Safety Improvement Act bans lead
store shelves due to choking hazards. except at trace amounts in paint or coatings
(90 ppm limit as of August 2009), and in any
Some toys may pose a choking or toys, jewelry or other products for use by
suffocation hazard even if they meet the letter children under 12 years old (300 ppm limit
of the law. We found toys with small parts as of August 2009, and 100ppm by August
that just barely met the CPSC standard. We 2011).
recommend making the test for small parts
more protective of children under three. So far in 2009, CPSC has recalled nearly
CPSC also should consider, at minimum, 1.3 million toys or other children’s products
special labeling for toys shaped like corks or for violations of the lead paint standard. The
toy nails, which pose special suffocation risks CPSC has recalled an additional 102,700
because of their shape. toys and other children’s products for
violation of the 300 ppm lead standard.
-- LOUD TOYS -
Some children’s toys and jewelry may
Almost 15 percent of children ages 6 to 17 contain high levels of lead. In one case, we
show signs of hearing loss. In March 2007, found a piece of jewelry that contained 71%
the American Society for Testing and lead by weight. We also found toys that
Materials adopted a voluntary acoustics exceed the CPSIA’s lead paint standards.
standard for toys, setting the loudness
threshold for most toys at 85 decibels, and
for toys intended for use “close to the ear” at
Numerous scientists have documented the Congress must ensure that the CPSC’s
potential health effects of exposure to increased budget authorizations for the next
phthalates in the womb or at crucial stages of five fiscal years are fully funded in
development. U.S. EPA studies show that the appropriations, and conduct vigorous
cumulative impact of different phthalates oversight of implementation of the new law.
leads to an exponential increase in associated
harm. According to data from the U.S. Manufacturers should be required to
Centers for Disease Control and Prevention provide all hazard and health-impact
(CDC), levels of phthalates found in humans information to the state and federal
are higher than levels shown to cause adverse government so agencies can begin to assess
health effects. The data also show phthalate the thousands of chemicals currently on the
levels are highest in children. market for which little or inadequate data are
available.
Section 108 of the CPSIA bans toys
containing three classes of phthalates for all The federal government must act based on
children, and bans toys containing three the overwhelming weight of evidence
more phthalates if they can be put in younger showing that some chemicals might harm
children’s mouths. This provision went into human health, and phase out dangerous
effect in February 2009. chemicals.
The dramatic wave of toy, food and other U.S. PIRG and other organizations had long
consumer product recalls drew intense sought to strengthen the CPSC through
attention from policymakers to the problems rulemaking petitions, lawsuits and
of consumer safety generally and the limits of Congressional efforts. Yet, except for the
the long-neglected Consumer Product Safety 1994 passage of the Child Safety Protection
Commission specifically. The CPSC is the Act, our efforts had largely been in vain. The
nation’s smallest safety agency, yet it is CPSC had long suffered from Congressional
responsible for 15,000 different products— neglect and administration efforts to weaken
from chain saws to escalators and from it (by both the 1980’s Reagan administration
kitchen appliances to toys. Its budget for the and this decade’s Bush administration.)
2007 fiscal year—before Congress took action Those efforts to keep the CPSC small and
to upgrade it – was just under $63 million, or weak were backed by the Toy Industry
Choking Hazards
under three years old. 7 Some items
CPSC BANS SMALL PARTS FOR commonly recognized for children under
CHILDREN UNDER AGE 3 three include (but are not limited to) squeeze
toys; teethers; toys or articles that are affixed
In 1979, CPSC banned the sale of toys to a crib, stroller, playpen, or baby carriage;
containing small parts if they are intended pull and push toys; bathtub, wading pool and
for use by children under the age of three, sand toys; and stuffed animals. 8
regardless of age labeling. A small part is
defined as anything that fits inside a choke Some toys and products are exempt from this
test cylinder, which has an interior diameter small parts regulation because they cannot be
of 1.25 inches and a slanted bottom with a manufactured in a way that would prevent
depth ranging from 1 to 2.25 inches (Figure them from breaking into small parts when
A). This cylinder is designed to approximate subject to use and abuse testing. These items
the size of a fully expanded throat of a child include (but are not limited to) balloons,
under three years old. If the toy or any part articles made of paper, writing materials such
of the toy – including any parts that separate as crayons and chalk, modeling clay, and
during “use and abuse” testing – fits inside finger paints, watercolors and other paint
the test tube, the product is a choking hazard sets. Children’s clothing and accessories
and is banned for children under the age of such as shoe lace holders, diaper pins, and
three. In 1994, the Child Safety Protection barrettes also are exempt because they need
Act established a more protective standard to be small to perform their intended
for small balls in children’s toys. purpose. 9
Pieces of paper, fabric, yarn, fuzz, elastic, and
CPSC uses three factors to determine string that fit in the choke test cylinder also
whether a toy is intended for children under are exempt, as they are unlikely to pose a
three years old, including the manufacturer’s choking hazard. 10
stated intent, such as the age labeling; the
advertising and marketing of the product;
and whether the toy is “commonly
recognized” as being intended for a child
Throughout the 1980s, consumer groups Source: Consumer Product Safety Commission
lobbied Congress and CPSC to increase the
size of the small parts test and to require an - SMALL PARTS -
explicit choke hazard warning on toys
intended for older children, if the toys The 1994 CSPA requires that toys with small
contained banned small parts. A 1992 parts intended for children between the ages
campaign led by ConnPIRG and other child
- SMALL BALLS -
Round objects are more likely to choke Any toy or game containing a marble and
children because they can completely block a intended for children between ages three and
child’s airway. Any small ball intended for eight must include the following warning:
children over the age of three must include
the following warning: 14
SEC. 106. MANDATORY TOY SAFETY We measured the loudness of several toys,
STANDARDS. (a) IN GENERAL.—Beginning taking the readings from 25 centimeters (9.84
180 days after the date of enactment of this Act, inches), 10 centimeters (3.94 inches) and 1
the provisions of ASTM International centimeter (.39 inches) to determine the
The ban on DINP, DnOP and DIDP is in CPSC should vigorously enforce the CPSIA’s
effect pending a Chronic Hazard Advisory ban on the use of phthalates in all toys and
Panel’s report on the health effects of the children’s products. The CPSC should
chemicals. The CHAP has eighteen months convene a de novo Chronic Hazard Advisory
to report its findings and make a Panel free of conflict of interest in
recommendation on whether to make the accordance with the CPSIA.
ban permanent. Both bans were effective
February 2009. The interim ban will be
rescinded only if the CHAP recommends
doing so.
Strangulation Hazards
Methodology
a
If a toy broke into small parts with little effort or
force, we assumed that the toy may not comply with
CPSC use and abuse testing procedures.
Standards
Under the Child Safety Protection Act (CSPA) and Consumer Product Safety Commission rules:
Toys intended for children under 3 are banned if they contain small parts or easily break
into pieces that are small parts.
Toys intended for children between the ages of three and six years old that contain small
parts must include an explicit choke hazard warning with precise statutory language.
Any small ball or toy that contains a small ball must meet a stricter safety test and include
an explicit choke hazard warning.
Marbles or toy with marbles must include an explicit choke hazard warning.
All balloons must include a warning about the dangers of uninflated or broken balloons
to children younger than 8 years of age.
Toys intended for children under three are banned if they contain small parts or easily break
into pieces that are small parts.
Category: May violate ban on small balls in toys intended for children under
3.
Toy Name: Creative Wood Stacking Rings
Manufacturer: Zaidy products
Item # or SKU: 734
Problem: Ball on top is smaller than 1.75” in diameter in violation of the
ban on such toys for children under three. The product has two labels, one
that says “18mos and up” and another contradictory statutory small parts
warning, that states it is only intended for children older than 3. Has play
value for a child under three.
Toys intended for children between the ages of three and six years old that contain small parts must include an
explicit choke hazard warning with precise statutory language. Any small ball or toy that contains a small
ball must meet a stricter safety test and include an explicit choke hazard warning. Any marble must include
an explicit choke hazard warning.
These products contain toy parts that almost fit in the choke test tube or spherical objects that fail the small
ball test. Although these toys do not violate the letter of the law, these parts could block a child’s airway given
their shape and size. Children have died on similarly-sized toys that pass the choke tube test.
Standards
In April 2007, ASTM finalized acoustics standards for toys that include the following:
Hand-held, table-top, floor, and crib toys: Toys in this classification should not produce
continuous sound that exceeds 85 dB when measured from 25 centimeters (cm).
Close-to-the-ear toys: Toys in this classification should not produce continuous sound
that exceeds 65 dB when measured from 25 cm.
All toys with impact-type impulsive sounds: Toys should not produce an impact-type peak
sound in excess of 115 dB when measured from 25 cm. This requirement also applies to all
recorded impulsive sounds, such as those produced by video games, regardless of what was
recorded (explosion or impact).
All toys with explosive-type impulsive sounds except percussion caps: Toys should not
produce an explosive-type peak sound in excess of 125 dB when measured from 25 cm.
Standards
The Consumer Product Safety Improvement Act of 2008 bans lead in toys and children’s products
on a phase-out schedule outlined below. After the effective dates, these products cannot be
manufactured, imported for sale or sold.
February 2009: Toys and children’s products containing lead in excess of 600 parts per
million (ppm) became banned hazardous substances.
August 2009: The maximum allowable amount of lead in paint decreased from 600 ppm
to 90 ppm.
August 2009: Toys and children’s products containing lead in excess of 300 parts per
million (ppm) became banned hazardous substances.
August 2011: Toys and children’s products containing lead in excess of 100 parts per
million (ppm) become banned hazardous substances.
The CPSIA includes a ban on childcare products and children’s toys containing the phthalates
DEHP, DBP, and BBP in concentrations higher than 0.1% per phthalate (1,000 ppm), and on
childcare products and children’s toys that can be put in a child's mouth containing the phthalates
DINP, DnOP, and DIDP in concentrations higher than 0.1% per phthalate (1,000 ppm).
Toy Chests 4 2 2 1 0 0 0 1 0 1 1 1 0 0 0 1 0 0 1 15
Strangulation 1 1 3 2 0 1 1 0 0 0 0 1 0 0 2 2 0 0 0 14
Other 0 1 2 1 1 2 0 1 2 2 2 1 0 1 1 2 5 4 6 34
TOTAL TOY
DEATHS 23 25 22 25 18 21 13 13 14 16 17 25 13 11 16 26 29 22 19 368
% BY CHOKING/
ASPHYXIATION 61% 52% 50% 64% 72% 57% 77% 85% 57% 56% 35% 36% 62% 91% 44% 50% 45% 45% 16% 53%
Source: U.S. PIRG analysis of annual CPSC Reports on "Toy-Related Deaths and Injuries" Previous years updated by new information in 2008 report dated November 17, 2008