trouble in toyland 2013

8/13/2019 Trouble in Toyland 2013

1/41

November 2013

The 28th Annual Survey of Toy Safety

Trouble InToyland


2/41

Trouble in ToylandThe 28th Annual Survey of Toy Safety

November 2013


3/41

Acknowledgements

Written by Jenny Levin, Public Health Advocate with U.S. PIRG Education Fund.

Report (except cover design and cover photo) License:

rouble In oyland by U.S. PIRG Education Fund is licensed under a Creative CommonsAttribution-NonCommercial-ShareAlike 3.0 Unported License. Permissions beyond the scopeo this license may be available at uspirged und.org

Cover design by: Alec Meltzer

Cover photo by: polica/iStockphoto

Te authors would like to thank our U.S. PIRG and State PIRG colleagues, Mike Russo, Ed Mierzwinski, Jon Lubin,and Jon Fox or their help in research and production o the report. Special thanks to the Colston Warne programo Consumer Reports or supporting our work on consumer protection issues.

With public debate around important issues ofen dominated by special interests pursuing their own narrow agen-das, U.S. PIRG Education Fund offers an independent voice that works on behal o the public interest. U.S. PIRG

Education Fund, a 501(c)(3) organization, works to protect consumers and promote good government. We in- vestigate problems, craf solutions, educate the public, and offer meaning ul opportunities or civic participation.

For a copy o this report, visit our website or send a check or $30 made payable to U.S. PIRG Education Fund atthe ollowing address:

U.S. PIRG Education Fund218 D Street SEWashington, DC 20003(202) 546-9707www.uspirged und.org


4/41

Table of Contents

Executive Summary ................................................................1

Introduction .............................................................................4

Lead and Other oxic Metals in oys ...................................6

Phthalates in oys ...................................................................9

Magnet oys and Jewelry ..................................................... 10

Choking Hazards .................................................................. 12

Excessively Loud oys .......................................................... 16

Strangulation Hazards ......................................................... 18

Recommendations ............................................................... 19

Methodology ......................................................................... 21

Attachment A: 2013 Summary o oy Hazards

and Examples o Potentially Dangerous oys ................... 22Attachment B: oy-Related Deaths, 2001-2012................ 34

End Notes .............................................................................. 35


5/41


6/41

Trouble in Toyland 2013 Page 1

Executive Summary

he 2013 rouble in oyland report is the 28 th an-nual U.S. Public Interest Research Group (PIRG)

survey o toy sa ety. In this report, U.S. PIRG providessa ety guidelines or consumers when purchasing toys

or small children and provides examples o toys cur-rently on store shelves that may pose potential sa etyhazards.

Over the past twenty-eight years, our report has identi-ed hazards in toys and childrens products that couldcause acute injuries, rom choking hazards rom toyswith small parts, to strangulation hazards rom cordson pull toys, to laceration hazards rom edges thatare too sharp, to toxic hazards posed by chemicals intoys. Our report has led to more than 150 recalls andother regulatory actions over the years, and has helpededucate the public and policymakers on the need orstronger public health and consumer sa ety standards

to protect children rom unsa e products. Tis reportcontinues to help keep children - particularly babiesand toddlers - sa e, as the majority o all injuries hap-pen to children in the 0-2 age range.

Te enactment o the Consumer Product Sa ety Im-provement Act (CPSIA) o 2008 made great stridesin toy sa ety and strengthened the ability o the Con-sumer Product Sa ety Commission (CPSC) to protectconsumers, including the littlest consumerschildren.

Although policymakers delayed implementation o itsmost stringent lead standard rules and enacted somenarrow exceptions in 2011, on the whole the law hasbeen protected rom attempts to undermine it. Howev-er, we remain vigilant as a variety o regulatory threatsto the CPSCs tools and authority remain under con-sideration by policymakers.

We Looked For CommonHazards in ToysWe visited numerous national toy stores, malls and dol-lar stores in September, October, and November 2013to identi y potentially dangerous toys. Our researchersexamined the CPSC notices o recalls and other regula-tory actions to identi y trends in toy sa ety. Our inves-

tigation is ocused on toys that posed a potential toxic,choking, strangulation or noise hazard.

Our Key Findings Include:Lead Continues to be a Hazard in oysExposure to lead can affect almost every organ and systemin the human body, especially the central nervous system.Lead is especially toxic to the brains o young children

and can cause permanent mental and developmental im-pairments; it has no business being in childrens products.

Te current ederal legal lead standard is 100 parts permillion (ppm), though the American Academy o Pe-diatrics recommends a lead limit o 40 ppm. We oundtwo toys that violate the CPSCs lead standard o 100ppm. Most notably, the Captain America Sof Shield,

or ages two and up, was ound to contain 29 times thestandard (2900 ppm) or lead.

Other oxics in oysTe current ederal legal standard limits six kinds ophthalates to 1,000 ppm, and limits the amount o an-timony and arsenic, cadmium and other elements thatcan leach out o toys. We ound toxic chemicals includ-ing phthalates, antimony, and cadmium. Te Ninja


7/41

Page 2 Trouble in Toyland 2013

urtles Pencil Case was ound to contain 150,000 ppmo one o six phthalates banned rom toys, as well asexcessive levels (600 ppm) o the toxic metal cadmium.

Choking Hazards Choking - on small toy parts, on small balls, on marblesand on balloons - continues to be the major cause otoy-related deaths and injuries. Between 2001 and 2012,more than 90 children died rom choking incidents.

Tis year we ound several toys that contained smallparts or near small part toys. Te toys containingsmall parts contained improper labels and might bemistakenly purchased or children under 3. Te toyscontaining near small parts support our argument thatthe small parts test should be made more protective bymaking the test cylinder larger.

We also ound some toy oods including both nearsmall parts and other rounded ball-like oods thatwould ail the small ball test although they are techni-cally subject to the less-stringent small parts test. oy

oods pose a special hazard, because they look to smallchildren like something that should be eaten.

MagnetsMagnet toys made with neodymium iron boron mag-nets, such as the Buckyball magnets that are the subjecto a CPSC court action, are still available and contin-ue to cause accidents. CPSC staff have estimated thatbetween 2009 and 2011 there were 1,700 emergencyroom cases nationwide involving the ingestion o highpowered magnets. More than 70% o these cases involved children between the ages o 4 and 12.

We also ound ellipsoid toy magnets that nearly t inthe small parts cylinder, and are classied as a novel-ty nger-dget toy. Tese magnets are smooth andshiny and sold in pairs; striking them together causesthem to vibrate and produce a singing sound, mak-ing them appealing to children. CPSC has reportedgastroenterological injuries associated with ellipsoid

magnets. I the magnet had t in the small parts testcylinder, it would be banned or sale to children under14. Tese, instead, were labeled 8 and up.

Noisy oysResearch has shown that a third o Americans withhearing loss can attribute it in part to noise. Te thirdNational Health and Nutrition Examination Surveyshowed that one in ve U.S. children will have somedegree o hearing loss by the time they reach age 12.Tis may be in part due to many children using toysand other childrens products such as music playersthat emit loud sounds. Te National Institute on Dea -ness and Other Communication Disorders advisesthat prolonged exposure to noise above 85 decibels will

cause gradual hearing loss in any age range. oys thatare intended to be held close to the ear are not to ex-ceed 65 decibels. oys that held within close range (in alap or on a table) are not to exceed 85 decibels.

We ound toys on store shelves that exceeded the limit o65 decibels or toys held close to the ear. Te Chat & CountSmart Phone, or example, produces sound measuringhigher than 85 decibels when measured at 2.5 centimeters,and children may hold such toys pressed up against the ear.

Recommendationsfor Policymakers

Policymakers must ensure that the ConsumerProduct Sa ety Commission (CPSC) is given theresources it needs to effectively protect consumers.

Policymakers must also continue vigorous oversighto implementation and en orcement o the law.

Policymakers should require manu acturers to provide all hazard and health-impact in ormation to thestate and ederal government so agencies can beginto assess the thousands o chemicals currently on themarket or which little or inadequate data are available.


8/41


Tere is overwhelming evidence showing that theoxic Substances Control Act is ailing our most

vulnerable consumers: pregnant women, babiesand children. Policymakers should take steps toensure that the American people are better pro-

tected rom toxics in products.

Policymakers should reject well- unded specialinterest efforts to weaken the ability o regulatoryagencies to conduct rulemakings or en orce rulesdesigned to protect public health and sa ety.

For the Consumer ProductSafety Commission Te CPSC should continue to vigorously en orce

the current (100 ppm) lead limits in toys. TeCPSC should also move to using the more strin-gent lead standard o 40 ppm recommended by theAmerican Academy o Pediatrics.

Te CPSC should continue to vigorously en orcethe current (1000 ppm) limit on phthalates in toys,

make the interim ban on DINP, DIDP and DNOPpermanent, and expand the ban on all six to in-clude all products or children 12 and under.

Te CPSC should ban rom toys any chemicals thatmay to provoke cancer, change genetic in ormationor harm reproduction, so-called CMR (Carcinogen-ic, Mutagenic or toxic or Reproduction), as well as

ragrances which have a strong allergenic potential.

Te CPSC should review and, where necessary, ex-pand its denition o a small part or small toyto include parts and toys that are larger than thecurrent standard, but have been shown to pose achoking hazard to children. In particular, the CPSCshould examine whether rounded toys that are not

balls and toy ood shaped like balls should be regu-lated under the more stringent small ball test.

Te CPSC should proceed with rulemaking to reg-ulate high powered magnets.

Te CPSC must continue to ensure that new third-party testing programs meet CPSIA standards. Asthe CPSC continues to implement its new publiclyaccessible toy and other product incident databaseat www.sa erproducts.gov, it must ensure that itprovides the in ormation consumers need to makein ormed choices in the marketplace.

For ConsumersBe vigilant this holiday season, and remember:

Te CPSC does not test all toys, and not all toys onstore shelves meet CPSC standards.

Tere is no comprehensive list o potentially hazard-ous toys. Examine toys care ully or potential dan-gers be ore you make a purchase. Shop with U.S.

PIRGs oy Sa ety ips available at www. oySa ety-ips.org and on our website, www.uspirg.org.

Parents should continue to be vigilant about met-als in toys as they may contain lead or cadmiumabove the mandatory sa ety limits. Te Centers orDisease Control (CDC) recommends that all chil-dren be screened or exposure to lead. A simpleand inexpensive blood test can determine whetheror not a child has a dangerous level o lead in his orher body. Te test can be obtained through a physi-cian or public health agency.

Report unsa e toys or toy-related injuries to theCPSC at www.cpsc.gov and www.sa erproducts.gov or call the CPSC at 1-800-638-2772.


9/41


Introduction

oys should entertain and educate children, butpoorly designed and constructed toys can cause

injury and even death. In 2007, childrens productrecalls reached an all-time high with 231 recalls o 46million toys and 15 million other childrens products. 1

welve o the recalls involved more than one millionunits, causing the media and Consumer Reports todub 2007 the Year o the Recall. Popular toy manu-

acturers, such as Mattel, were orced to recall millionso units due to violations o existing limits on lead ordangerous small parts.

Congress responded by passing the landmark Con-sumer Product Sa ety Improvement Act (CPSIA),which was the rst major overhaul o product and toysa ety since the early 1970s. Te CPSIA expanded thebudget o the Consumer Product Sa ety Commission(CPSC), gave it explicit tools to hold toy manu acturers

accountable and speed up recalls, and moved toward

banning certain toxic chemicals in toys and childrensproducts. Te act also greatly improved import surveil-lance, which is vital since we import toys rom all overthe world, including rom countries where consumersa ety regulations and public health standards are notas rigorous.

Over the past ve years, provisions o the CPSIA have

begun to take effect. Te laws restrictions on leadand phthalates began to take effect in February 2009and nal lead limits took effect in 2011. Additionally,part o the groundbreaking legislation required thecreation o a new consumer complaints website,www.sa erproducts.gov, which went live in March 2011.Tis website is an invaluable resource or parents andcaregivers as it allows them to provide reports on in-cidents affecting their own amilies or to review inci-dents involving thousands o toys and other products

that may be hazardous.

0

25

50

75

100

201220112010200920082007

93

81

51 49

36 36

Toy Recalls


10/41


While some toys are still slipping through the cracks, thenumber o toy recalls has declined in recent years. 2 Aso November, there have been just 31 toy recalls in 2013.

In passing the CPSIA, Congress endorsed the leading

international oy Sa ety Standard (AS M F963) andthe process under which it is developed and continu-ally reviewed and revised. Te AS M F963 oy Sa etyStandard requirements were all made mandatory bythe now 5 year old CSPIA, preventing innumerable injuries and toxic exposures to children. Since the CPSIA,thousands o products and millions o units o danger-ous toys have been prevented rom entering the U.S. 3

U.S. PIRG is committed to sa eguarding Americas

youngest consumers. Our 28 th report comes at a timewhen toy and product sa ety is being threatened bypotential rollbacks to consumer sa ety regulations andpublic health protections. Te sa erproducts.gov data-base aces legal as well as political assaults.4 In 2012 aU.S. judge issued a ruling that Company Doe, the rmsuing to prevent the CPSC rom posting a report onsa erproducts.gov about a consumer injury allegedlyrelated to its product, could remain anonymous, evenas several consumer groups seek to unseal the record. 5

In October, the Fourth Circuit, U.S. Court o Appealsheard oral argument in the appeal by three consumergroups: Consumers Reports, Consumer Federation oAmerica and Public Citizen. 6

Policymakers are considering even broader propos-als that may eat away at our consumer and publichealth sa ety standards and require the CPSC to con-duct unnecessary and duplicative cost-benet analy-ses, which will slow down development o consumer

sa ety standards.

Tis report is a continued progress report on theimplementation o the Consumer Product Sa ety Im-provement Act and an examination o the marketplaceand recalls or common toy hazards.


11/41


Lead and Other Toxic Metals in Toys

Children are especially vulnerable to metals, and arealready exposed to metals through the air, water,and ood. Childrenusually those under sixofenmouth objects, which can cause the release o metals.

oys and childrens jewelry can contain dangerous lev-els o metals or several reasons: metals may be used aspigment in paint, as stabilizers, or they may be a con-taminant rom recycled plastic. 7

While the CPSIA and stronger en orcement by theCPSC have taken major steps orward in limiting toyhazards, much more remains to be done. Te CPSIAonly regulates ourteen specic chemicals in certaintoys and other childrens products. Tere are morethan 85,000 industrial chemicals on the market today,most with little or no testing or their effects on humanhealth. In toys, the leading toxics that can be ound arelead, cadmium and phthalates. 8

LeadLead is a highly toxic substance that was banned inpaint, in childrens products, and in dishes or cookwarein the U.S. in 1978. Lead exposure can have detrimen-tal effects on childrens health. 9 According to the CDCthere is no known threshold below which adverse e -

ects o lead are absent.10 Children with high levels olead in their blood are at increased risk or learningdisorders, behavior problems, and hearing problemsand delayed growth. 11 Later in li e, they might also su -

er rom hypertension and kidney disease.12 Lead alsoaffects the central nervous system, kidneys, and the re-productive system. Children are especially vulnerableto lead in the environment, even more so than adults.Tis is because children play on oors where lead dust

accumulates and more ofen put their hands in theirmouths. Childrens small bodies are also more sensi-tive to the effects o lead.13 It is especially critical to be vigilant because the symptoms associated with leadpoisoning are ofen not immediately visible. 14

Lead is widely used in other countries and can be oundin imported toys. It is used to sofen plastic and make

it more exible, but when the plastic is exposed to sun-light, air, and detergents, the chemical bond betweenthe lead and plastics breaks down and orms a dust,which children can inhale. Lead can also be ound in jewelry, metal toys, and paint and sur ace coatings.

Federal Standards for LeadPrior to enactment o the CSPIA in 2008, the FederalHazardous Substances Act enabled the CSPC to con-

sider products, such as metal jewelry, as hazardoussubstances i they contained toxic quantities o lead.15 Te quantity o lead needed to be sufficient to causeillness as a result o handling or use, including inges-tion. We now know any exposure to lead which couldinvolve mouthing or ingestion to be potentially dan-gerous.16

oys and childrens products containing lead in excesso 100 parts per million (ppm) are now banned as haz-

ardous substances. Tese products can no longer bemanu actured or imported or sale. However, existinginventories o products that meet a less-stringent 300ppm standard can be sold.

While this new, lower limit represents progress, it stilldoes not match with the recommendations made by


12/41


the American Academy o Pediatrics (AAP). Teyrecommend all products intended or use by childrencontain no more than trace amounts o lead. Te AAPdenes a trace amount o lead as no more than 40ppm, which is the upper range o lead in uncontami-

nated soil. 17

CadmiumCadmium, like lead, is a toxic metal that can harm chil-drens health. Cadmium is a known carcinogen that,also like lead, can delay brain development in youngchildren, leading to learning disabilities. Researchalso shows that long-term exposure can cause kidneyproblems. 18 In 2011 researchers at Harvard University

ound by studying 2,000 children that those exposed tocadmium were three times more likely to have learningdisabilities. 19

Cadmiums primary use is in nickel-cadmium batter-ies, but it can also be used as a pigment, and as a stabi-lizer or PVC plastics.

Te U.S. toy jewelry industry saw 6 recalls in 2010 be-

cause o the unacceptably high levels o cadmium intheir products. Retailers including Claires and Wal-Mart pulled Miley Cyrus and Te Princess and theFrog jewelry rom shelves afer the Associated Press

ound more than 100 pieces o childrens jewelry withover 90 percent cadmium. McDonalds voluntarily re-called 12 million Shrek cups because they containedcadmium. 20 Consumer groups also took retailers andsuppliers o childrens jewelry and toy jewelry to courtto set strict limits on cadmium. 21

Federal Standards for CadmiumTe 2008 CPSIA requires toys to comply with theAS M F963-11 toy standard limit o 75 parts per mil-lion (ppm) or maximum soluble migrated cadmium.

AntimonyAntimony trioxide is classied as a carcinogen in thestate o Cali ornia and has been listed as a possible hu-

man carcinogen by both the European Union and theInternational Agency or Research on Cancer. Low lev-els o antimony have been linked to eye irritation, hairloss, lung damage, and heart problems in animals. Ani-mal studies have also shown a link between higher lev-els o antimony and ertility problems and lung cancer.It is used by plastic manu acturers as a catalyst, and canalso be used in paints or other pigments. 22

Federal Standards for Antimony:Te CPSIA made the AS M F-963 toy sa ety standard

or antimony in the sur ace coating or substrate o achildrens product (60 ppm maximum soluble migrat-ed antimony) mandatory.

Findings: Lead andother toxic metalsTis year, we ound a vinyl toy, the Marvel Super Hero

Squad Sof Shield, to contain 2,900 ppm lead 29 timesthe legal limit. We also ound toy rings with lead paintexceeding the 90 ppm limit, ranging up to 200 ppm.

We ound the Ninja urtles Pencil Case to contain 600ppm cadmium. Te Lamaze brand mat by omy test-ed at 900 ppm antimony. We ound the Monster HighSkelita Halloween Costume wig to contain 80 ppm an-timony. Tese three items were tested in a lab or theirtotal metal content. Further testing would be required

to determine i the products meet ederal standardsor limits on the amount o cadmium or antimony

that may migrate rom the product during a solubil-ity test, which mimics digestion. Unlike lead, cadmiumand antimony in toys are only subject to a limit on theamount o the soluble migrated content in the toy, notthe total chemical content o the toy.


13/41


Te high content o toxic metals in these productsdoesnt necessarily mean that they violate the law,though it is a reason or parents to worry.

Recommendations: Leadand other toxic metalsLead-tainted childrens products should never end upon store shelves or in the home. Te CPSC should con-tinue to vigorously en orce the CPSIAs bans on leadand lead paint in any toys, jewelry or other articles orchildren. In addition, lead limits or toys and childrensproducts should be lowered to 40 ppm, the level rec-ommended by the American Academy o Pediatrics.

Like lead, children are not exposed to cadmium, an-timony and other toxic metals only through ingest-ing items. Tey also may be exposed by handling andmouthing toys, or ingesting household dust contain-ing chemicals that have migrated out o products. TeCPSC should establish stronger mandatory guidelines

or total content o cadmium, antimony and othertoxic metals in childrens toys, products and child carearticles.


14/41


Phthalates in Toys

Phthalates are a group o chemicals used to sofenand increase the exibility o plastic and vinyl. Tepolyvinyl chloride (PVC) plastic industry uses largeamounts o phthalates as additives to improve the ex-ibility o it products. Phthalates are also used in per-sonal care products such as hand lotion, nail polish,cosmetics, and per ume, as well as industrial productslike solvents, lubricants, glue, paint, sealants, deter-

gent, and ink.23

Research has documented the potential health effectso exposure to phthalates in the womb or at crucialstages o development, reproductive de ects,24 prema-ture delivery, 25and early puberty. 26

Federal standards for phthalatesTe CPSIA banned three phthalates (called DEHP,DBP and BBP) in toys and child care articles at lev-

els greater than 1,000 ppm. Te law also established aninterim ban on three other phthalates DINP, DIDPand DNOP in toys and childrens articles. 27 In August2011, Congress modied the bans slightly to providean exception or inaccessible parts.

Te interim ban on DINP, DIDP and DNOP continues,awaiting the ndings o a scientic review, which is ex-pected shortly .

Tese six phthalates have been banned in Europeantoys or nearly 10 years, and other countries, includingArgentina, Japan, Israel, and Mexico have also bannedphthalates rom childrens toys. In addition, states haveenacted stronger regulations. Washington, Vermont,and Cali ornia have more broadly restricted phthalateuse in toys and childcare products. 28 As o January 1,

2012 all manu acturers, importers, and private label-ers o childrens toys and certain child care articles arerequired by law to subject their products to third partytesting or phthalates under CPSIA.

Finding: PhthalatesWe tested several toys or phthalates and ound themto be compliant with ederal standards or phthalates.However we ound one item containing very high levelso the phthalate DEHP. Te Ninja urtles Pencil Casewas ound to contain 150,000 ppm o DEHP, or 150times the 1,000 ppm ederal standard. Because phthal-ates including DEHP are only banned in toys and childcare articles, the Ninja urtles Pencil Case likely doesnot violate ederal standards or phthalates.

Although this childrens product is not a toy subjectto either the CPSIAs phthalates or toxic metals limits,these hazards should be eliminated rom all childrensproducts.

Recommendations: PhthalatesTe CPSC should vigorously en orce the CPSIAs banon the use o phthalates in all toys and child care ar-ticles that are physically exposed to a child and con-

tinue to monitor use o phthalates in components ochildrens toys and products. Te interim ban on DINP,DNOP, and DIDP should also be made permanent.CPSC should expand the ban on phthalates to includeall childrens products.


15/41


Magnet Toys and Jewelry

Small but power ul magnets used in various toys,magnetic building toys and magnetic jewelry havecome under scrutiny in recent years. Many magnettoys on the market today use power ul neodymiumiron boron (NIB) magnets which have increased inpopularity with toy manu acturers as they have be-come readily available rom Chinese exporters. Teyare commonly used in magnetic sets and magnetic o -

ce toys and jewelry, especially earrings and bracelets.Tey are also appearing in dollar store toys. Te NIBmagnets used in these toys are ofen the size o un-popped popcorn kernels. Slightly larger NIB magnetsare so strong they can severely pinch ngers and otherbody parts.

Child sa ety advocates are concerned that once themagnets are removed rom their carrying cases orpackets, the warnings may be orgotten. Children who

are playing with the magnets may not know there arewarnings on how to use them. 29

I swallowed, one magnet may pass through the diges-tive system without incident. I two or more magnetsare swallowed, however, they can attract each other inthe body. I one magnet is in the stomach and anotheris in the small intestine, or example, they can clingtogether and quickly work their way through tissue,per orating the wall or creating a hole. wo or more

magnets attracted to each other in the intestine cancreate a bowel obstruction or per oration. Using MRIsto diagnose the problem is very dangerous, since themagnetic elds used in imaging could tear the magnetsthrough tissue i they are present. 30

Hazardous magnets are a product that consumer advocates have been concerned about or years, and un-

ortunately they continue to put children in danger. InJanuary o this year, a 2 year old swallowed 62 rare earthmagnets and suffered intestinal per oration. 31 CPSCstaff have estimated that between 2009 and 2011 therewere 1,700 cases involving the ingestion o high-pow-ered magnets treated in hospitals nationwide. Morethan 70% o these cases involved children between theages o 4 and 12.32

In August 2012, the CPSC took the rare step o suingthe Buckyballs maker, Maxeld and Oberton, to stopthe company rom selling the product, even with labelsstating that the toy was or use o persons older than14. In its legal ling,the CPSC argued that warningsalone are not effective, alleging that Buckyballs andBuckycubes contain a de ect in the design, packaging,warnings, and instructions, which pose a substantialrisk o injury to the public.

Te case between the CPSC and Maxeld and Obertonis still being weighed by an administrative law judge,who will decide i Buckyballs and Buckycubes pose ahazard and warrant a recall. Separate rom the recallaction, the CPSC is continuing with rulemaking to bansmall high powered magnets rom the market. 33

Federal Standard for MagnetsTe AS M F-963 toy standard bans hazardous magnet

toys or children under 14 i they t in the small partscylinder. Tere is an exception or magnets includedin certain hobby, craf, and science kit-type items in-tended or children 8 and up, provided the productscomply with special magnet hazard disclosures.


16/41


Findings: MagnetsTis year we continue to nd dangers rom Buckey-balls and magnet desk toys similar to Buckyballs sold

by retailers online (although a number o retailers haverecalled the products). 34 Tis year we also ound ellip-soid Sizzlers magnets that nearly t in the small partscylinder and are sold in pairs. Tey are not a construc-tion toy and are classied as a novelty nger-dgettoy. Tey are smooth and shiny and striking them to-gether causes them to vibrate and produce a singingsound, making them appealing to children. Te CPSCasserts that there have been gastroenterological inju-ries associated with similar ellipsoid magnets. 35 Te

Sizzlers are marketed or 8 and up.

Recommendation forMagnets in ToysTe CPSC should continue rulemaking and litigationto ban the sale o high-powered magnets and stop newnovelty high-powered magnet products rom reachingthe market.


17/41


Choking Hazards

Choking - on small toy parts, on small balls, onmarbles and on balloons - continues to be the major cause o toy-related deaths and injuries. Between2001 and 2012, more than 90 children died rom chok-ing incidents. 36

In 1979, the CPSC banned the sale o toys containingsmall parts i they are intended or use by children un-

der the age o three, regardless o age labeling. A smallpart is dened as anything that ts inside a choke testcylinder, which has an interior diameter o 1.25 inchesand a slanted bottom with a depth ranging rom 1 to2.25 inches (Figure A). Tis cylinder is designed to theapproximate size o a ully expanded throat o a childunder three years old. I the toy or part o the toy in-cluding any parts that separate during use and abusetesting ts inside the test tube, the product is a chok-ing hazard and is banned or children under the age

o three. In 1994, the Child Sa ety Protection Act es-tablished a more protective standard or small balls inchildrens toys.

Te CPSC uses three actors to determine whether atoy is intended or children under three years old, in-cluding the manu acturers stated intent in the age la-beling; the advertising and marketing o the product;and i the toy is commonly recognized as being in-tended or a child under three years old. 37 Some items

commonly recognized or children under three includesqueeze toys; teether toys or articles that are affixed toa crib, stroller, playpen, or baby carriage; pull and pushtoys; bathtub, wading pool and sand toys; and stuffedanimals.38

Balloons, articles made o paper, writing materialssuch as crayons and chalk, modeling clay, nger paints,watercolors and other paint sets are exempt rom thissmall parts regulation, because they cannot be manu-

actured in a way that would prevent them rom break-ing into small parts when subjected to use and abusetesting. Childrens clothing and accessories such asshoe lace holders, diaper pins, and barrettes also are

exempt, because they need to be small to per orm theirintended purpose. 39 Fabric, yarn, uzz, elastic, andstring that t in the choke test cylinder also are exempt,as they are unlikely to pose a choking hazard. 40

Figure A. Choke Test Cylinder


18/41


Characteristics of Toys for Children Under ThreeTe ollowing are some general characteristics that make toys appealing to children under three.

Size and Weight: Small and lightweight, easy tohandle.

Teme: Represents a common object ound around

the home, arm, or neighborhood.

Degree of Realism: Silly or cute, some realisticdetails.

Colors: Bright, contrasting colors covering largeareas o the toy.

Noisemaking: Not loud or rightening.

Action and Movement: May be silly, should beeasy or child to cause movement.

ype and level of skill: Lets child begin to learnskills or practice skills such as walking, stacking,and sorting; should be slightly beyond childs capa-bilities to maintain interest.

Source: Consumer Product Safety Commission

Labels for oys with Small Partsfor Children Over Age 3Te CPSCs 1979 regulations were not entirely effec-tive - manu acturers attempted to circumvent the smallparts ban by labeling products intended or childrenunder three or ages three and up. Parents misinter-preted these labels as recommendations, rather thanwarnings, and purchased these toys or children underthree. Te 1979 regulation also exempted a signicantchoking hazard, balloons, rom warnings or regula-tions. It also became apparent that small balls thatpassed the small parts test could still pose a chokinghazard and completely block a childs airway.

Troughout the 1980s, consumer groups urged Con-gress and the CPSC to increase the size o the smallparts test and to require an explicit choke hazard warn-ing on toys intended or older children i the toys con-tained banned small parts. Eventually a campaign tomake toys sa er led by ConnPIRG and child sa ety advocates resulted in the choke hazard warning label thatyou now see regularly on toys. Te Connecticut lawlaid the oundation or a ederal standard and in 1994,Congress passed the Child Sa ety Protection Act.

Federal Standards for Small PartsTe 1994 CSPA requires that toys with small parts in-tended or children between the ages o three and sixyears old include the ollowing explicit choke hazardwarning:41

Federal Standard for Small BallsTe 1994 CSPA established a new test or small balls,more restrictive than the previous 1.25 inches in di-ameter small parts test. Since 1994s law, balls with a

diameter smaller than 1.75 inches are banned or chil-dren under three years old. 42 Te law denes a ball asany spherical, ovoid, or ellipsoidal object designed orintended to be thrown, hit, kicked, rolled, dropped,or bounced. In addition, the term ball includes anymultisided object ormed by connecting planes into agenerally spherical ovoid, or ellipsoidal shape that isdesignated or intended to be used as a ball. 43 Accord-ing to this denition, other toys that are spherical or


19/41


have spherical parts, but are not intended or use as aball do not have to meet this test.

Any small ball intended or children over the age othree must include the ollowing warning: 44

Any toy or game containing a small ball and intendedor children between ages three and eight must include

the ollowing warning:

Federal Standards for BalloonsBalloons pose a grave choking hazard to children, caus-ing more choking deaths than any other childrens prod-uct. In 2012 (the latest year or which the CPSC has pub-lished data), there were two deaths involving balloons.

More than 40 percent o the choking atalities reportedto the CPSC between 2001 and 2012 involved balloons.Te 1994 law requires the ollowing choke hazardwarning on all balloons: 45

Federal Standard for Binsand Vending MachinesFinally, the CSPA requires choke hazard labels on binsand vending machines. I toys or small balls requiringlabels are sold in vending machines or unpackaged inbins, these vending machines and bins must displaythe statutory warnings. 46

Findings: Choking HazardsOur shoppers surveyed toy stores in the all o 2013 andobserved that most toys are sa e and properly labeled.

Overall, manu acturers and toy retailers are appro-priately marketing and labeling small balls, balloons,small toys and toys with small parts. Most toys or chil-dren under three years old do not have any small parts.However, toys intended or older children can still be

ound without labels or improper labels, especially indollar stores. We observed the ollowing trends thatshoppers looking or toys or young children should beaware o :

SOME OYS MAY NO MEE CPSCLABELING REQUIREMEN S

Te law bans small parts in toys or children underthree and requires a warning label on toys with smallparts or children between the ages o three and six.Tis year we ound several toys that may violate theCPSCs small parts labeling standard. We ound dollarstore toys that could have play value or small chil-dren that lacked the appropriate labeling. Te Little Pet

Shop Collection by Hasbro has some items that lackthe required labeling. oys that are labeled or children4 to 6 must still have the choking hazard warning sym-bol and precise language i they contain small parts.We ound several Littlest Pet Shop toys that containsmall parts that t inside the small parts cylinder butdo not display the small parts warning symbol andlanguage required. Tese toys are not only round andsmall enough to choke a child, the Candyswirl DreamsCollection o Littlest Pet Shop toys also comes in a

plastic package that looks like a candy, and the smallball-like part itsel has an image o candy on it. Becausethe packaging lacks a choke hazard label and is labeled4 +, the product ails to provide parents with the ap-propriate guidance.


20/41


SMALL BALL LIKE OYS, OY PAR S ANDROUNDED FOOD OYS POSE CHOKINGHAZARDS

U.S. PIRG recommends that round, ball shaped toys

pass not just the small parts test but the small ball test.We continue to nd rounded toy oods that pass thesmall parts test but ail the small ball test. For exam-ple the Just Like Home Super Play Food Set, availableat oys-R-Us and labeled or ages 3 and up, severalrounded ood toys that pass the small parts test but ailthe small ball test.

NEAR SMALL PAR S MAY POSE CHOKINGHAZARDS

We ound toys that represent dangerous near smallpartsor toy parts that barely pass the small partstest. Te Fisher- Price Outdoor Barbecue, or example,is intended or ages 3 and up, but contains a circularplate o ood that barely passes the small parts test. Wealso ound high powered magnet toys called Sizzlersthat nearly t inside the small parts test cylinder, aspictured in Attachment A.

BALLOONS MAY BE MARKE ED OCHILDREN UNDER 8

We ound all balloons products to provide the requiredwarning sign and language warning that children un-der eight can choke on balloons and balloon parts.However we continue to nd balloons marketed tochildren under eight. We also ound balloons labeled

or ages 5 and up.

RecommendationsWe call on the CPSC to:

Enlarge the small parts test tube to be more protec-tive o children under three.

Round objects are more likely to choke children,because they can completely block a childs airway.Change the small-ball rule to include small roundor semi-round objects, not just balls in the strict-est denition.

Vigorously en orce the small parts warning labelrequirements or toys.

Discourage marketing o balloons to children un-der eight years o age.


21/41


Excessively Loud Toys

Between one-quarter and one-third o Americanswith hearing loss can attribute it, at least in part,to noise.47 Children are especially vulnerable to noise-induced hearing loss, which ofen happens graduallyand without pain rom over-exposure to loud noises. 48 Almost 15 percent o children ages 6 to 17 show signso hearing loss.49 Noise-induced hearing loss can becaused by a one-time exposure to loud sound as well

as by repeated exposure to sounds at various loudnesslevels over an extended period o time.50

Te Occupational Sa ety and Health Administration re-ports prolonged exposure to sounds at 85 decibels (dB)or higher can result in hearing damage. Te AmericanAcademy o Pediatrics and the National Campaign orHearing Health use 85 decibels as a threshold or dan-gerous levels o noise.51

Te symptoms o noise-induced hearing loss increasegradually over a period o continuous exposure.Sounds may become distorted or muffled, and it maybe difficult or the person to understand speech. Evenminor hearing loss in children can affect their abilityto speak and understand language at a critical time intheir development.

Te ollowing are the accepted standards or recom-mended permissible exposure time be ore hearing

damage can occur. For every three decibels over 85decibels, the permissible exposure time be ore possibledamage is cut in hal .52

Decibel Exposure Time Before HearingDamage Can Occur 53

Continuous dB Permissible Exposure Time

85 dB 8 hours

88 dB 4 hours

91 dB 2 hours

94 dB 1 hour

97 dB 30 minutes

100 dB 15 minutes

103 dB 7.5 minutes106 dB < 4 minutes

109 dB < 2 minutes

112 dB 1 minute

115 dB 30 seconds

Standards for Loud ToysIn September 2011, AS M nalized new specica-tions that are an improvement on its 2003 standards

or sound-producing toys. Te CPSC has the authorityto en orce the AS M voluntary standards. Positively,in May 2013 the CPSC issued its rst recall under thestrengthened standard, nding that a Chicken Dancemusic player posed a hearing damage hazard. 54

Te standards include the ollowing: 55

Hand-held, tabletop, oor, and crib toys shouldnot produce continuous sound that exceeds 85dB when measured rom 25 centimeters (about 10inches).


22/41


Close-to-the-ear toys should not produce con-tinuous sound that exceeds 65 dB when measured

rom 2.5 centimeters (about 1 inch).

oys with impact-type impulsive sounds should

not produce a peak sound in excess o 115 dBwhen measured rom 25 centimeters.

oys with explosive-type sounds should not pro-duce a peak sound in excess o 125 dB when mea-sured rom 25 centimeters.

Tese standards, while a solid step in the right direc-tion, may not prevent loud toys rom harming childrenshearing. Te sound limits are too high, since exposureto sounds at 85-90 decibels over two hours and soundsat 120 decibels over just 30 seconds can cause hearingloss. Finally, the standards are based on peak soundpressure levels measured rom a distance o 25 centi-meters. Children ofen play with toys at a much closerdistance than 25 centimeterseven holding a toy up totheir earsand there ore could experience the noise ata more power ul level.56 Tis is especially important ortoy cell phones, earphones and musical toys.

Toy Survey Findings:Loud ToysWe measured the loudness o several toys using a handheld digital sound level meter, taking the readings

rom 25 centimeters and 2.5 centimeters to determinethe range o noise to which a child playing with a toycould be exposed. We ound three toys that may notmeet the AS M standards or loud toys.

Te Leap Frog Chat & Count Smart Phone, labeled orages 18 months an up, is clearly intended to be heldclose to the ear, but exceeds not only the 65 decibelsat 2.5 cm but reaches over 85 decibels at 2.5 cm. TeLeap Frog LilPhone Pal, labeled 6 to 18 months, alsoexceeds 85 decibels at 2.5 cm, yet is also clearly intend-

ed to be held close to the ear. Te Fisher Price Laugh& Learn Remote, labeled or ages 6 to 36 months, wasmeasured above 85 decibels at 2.5 cm, and may also beheld close to the ear.

Recommendations: Loud Toyso protect children rom loud toys, we offer the ollow-

ing advice or parents:

I a toy seems too loud or you, then it is probablytoo loud or your child.

Free sound meter apps available or smart phones

are a help ul tool to measure a toys noise level be-ore purchasing it.

Put tape over the speakers o toys you already ownthat are too loud or simply remove the batteries.

Report a loud toy to the CPSC website, www.sa er-products.gov.

CPSC should:

En orce the new AS M sound standards to theullest extent.


23/41


Strangulation Hazards

Strangulation rom childrens products has been onthe decline since CPSC issued new guidelines inthe late 1990s. However, hazards still exist in childrensdrawn string clothing, corded baby monitors, cords

rom blinds and beaded curtains and the CPSC contin-ues to take action.

Drawstrings - Clothing Drawstrings on childrens clothing lead to deaths andinjuries when they catch on playground equipment,bus doors, or cribs. 57 From January 1985 through June1997, the CPSC received reports o 21 deaths and 43incidents involving drawstrings on childrens upperouterwear. 58 In February 1996, CPSC issued guide-lines to prevent these injuries, which AS M adoptedas a voluntary standard in June 1997. 59 Te standardhas resulted in a marked decrease in atalities and in-cidents.

Nevertheless, companies continue to violate the law.CPSC routinely recalls products or ailure to complywith the rules and also issues civil penalties or viola-tions. CPSC recommends parents remove drawstrings

rom all childrens upper outerwear sized 2 to 12 andbuy clothing with alternative closures, like snaps, but-tons, and Velcro. 60


24/41


Recommendations

For Policymakers Policymakers must ensure that the Consumer

Product Sa ety Commission (CPSC) is given theresources it needs to effectively protect consumers.

Policymakers must also continue vigorous over-sight o implementation and en orcement o thelaw.

Policymakers should require manu acturers toprovide all hazard and health-impact in ormationto the state and ederal government so agencies canbegin to assess the thousands o chemicals cur-rently on the market or which little or inadequatedata are available.

Tere is overwhelming evidence showing that theoxic Substances Control Act is ailing our most vulnerable consumers: pregnant women, babiesand children. Policymakers should take steps toensure that the American people are better pro-tected rom toxics in products.

Policymakers should reject well- unded specialinterest efforts to weaken the ability o regulatoryagencies to conduct rulemakings or en orce rules

designed to protect public health and sa ety.

For the Consumer ProductSafety Commission Te CPSC should continue to vigorously en orce

the current (100 ppm) lead limits in toys. TeCPSC should also move to using the more strin-gent lead standard o 40 ppm recommended by the

American Academy o Pediatrics.

Te CPSC should regulate the total content o toxicmetals such as cadmium and antimony in all toys,childrens products and childrens jewelry ratherthan in the sur ace coating o toys alone.

Te CPSC should continue to vigorously en orcethe current (1000 ppm) limit on phthalates in toys,make the interim ban on DINP, DIDP and DNOP

permanent, and expand the ban on all six to in-clude all products or children 12 and under.

Te CPSC should ban rom toys any chemicals thatmay to provoke cancer, change genetic in ormationor harm reproduction, so-called CMR (Carcinogen-ic, Mutagenic or toxic or Reproduction), as well as

ragrances which have a strong allergenic potential.

Te CPSC should review and, where necessary, ex-

pand its denition o a small part or small toyto include parts and toys that are larger than thecurrent standard, but have been shown to pose achoking hazard to children. In particular, the CPSCshould examine whether rounded toys that are notballs and toy ood shaped like balls should be regu-lated under the more stringent small ball test.


25/41


Te CPSC should proceed with rulemaking to reg-ulate high powered magnets.

Te CPSC must continue to ensure that new third-party testing programs meet CPSIA standards. As

the CPSC continues to implement its new publiclyaccessible toy and other product incident databaseat www.sa erproducts.gov, it must ensure that itprovides the in ormation consumers need to makein ormed choices in the marketplace.

For ConsumersBe vigilant this holiday season, and remember:

Te CPSC does not test all toys, and not all toys onstore shelves meet CPSC standards.

Tere is no comprehensive list o potentially haz-ardous toys. Examine toys care ully or potentialdangers be ore you make a purchase. Shop withU.S. PIRGs oy Sa ety ips available at www.

oySa ety ips.org and on our website, www.us-pirg.org.

Parents should continue to be vigilant about met-als in toys as they may contain lead or cadmiumabove the mandatory sa ety limits. Te Centers orDisease Control (CDC) recommends that all chil-dren be screened or exposure to lead. A simpleand inexpensive blood test can determine whetheror not a child has a dangerous level o lead in his orher body. Te test can be obtained through a physi-cian or public health agency.

Report unsa e toys or toy-related injuries to theCPSC at www.cpsc.gov and www.sa erproducts.gov or call the CPSC at 1-800-638-2772.


26/41


Methodology

esting of toys and other childrens products forlead, cadmium, antimony, and phthalates: We

purchased toys and childrens jewelry rom major re-tailers and dollar stores. We sent these items to S AAnalysis Corporation in Chicago, a laboratory accred-ited by the Illinois Environmental Protection Agencyin accordance with the National Environmental Labo-ratory Accreditation Program, or testing.

For lead, cadmium, and antimony testing S A Anal-ysis tested or heavy metals using EPA Method SW6020 (Inductively Coupled Plasma-Mass Spectrom-etry) to determine the quantity o the toxic substancein each item. 61

For phthalates S A Analysis ollowed standard pro-cedures, using EPA Method 8270C.

Choking hazards: We categorized toys as a potentialchoking hazard i a) a toy labeled or children underthree contains small parts or breaks easily into smallparts; b) a toy contains small parts or small balls, butis intended or children under three, regardless o agelabeling; c) a toy contains small parts or small balls, isintended or children over three, but lacks the statutorychoke hazard warning or the choke hazard warning is

obscured or too small; d) the toy is intended or childrenunder six, lacks the statutory choke hazard warning andappears to ail the use and abuse test, breaking easilyinto small parts that t in the choke tube, or e) containsnear small parts, which are slightly larger than thechoke test cylinder but may pose similar hazards.

Noise oys: We measured the loudness o toys, takingthe readings rom 25 centimeters and 2.5 centimetersto determine the range o noise exposure or a child

playing with these toys.


27/41


TOYS CONTAINING SMALL PARTS

Product name: Princess Wand

Label on toy: None

Type of hazard: Choking

Why toy is a problem: A small heart that ts inside the small partscylinder detaches easily.

Manufacturer/Distributor: Greenbrier International

Item # (if known):

Store: Dollar Tree

Price paid: $1.00

Attachment A: 2013 Summary of Toy Hazardsand Examples of Potentially Dangerous Toys

Potential Choking HazardsStandardsUnder the Child Sa ety Protection Act (CSPA) andConsumer Product Sa ety Commission rules:

oys intended or children under 3 are banned ithey contain small parts or easily break into piecesthat are small parts.

oys intended or children between the ages othree and six years old that contain small partsmust include an explicit choke hazard warningwith precise statutory language.

Any small ball or toy that contains a small ballmust meet a stricter sa ety test and include an ex-plicit choke hazard warning.

Marbles or toy with marbles must include an ex-plicit choke hazard warning.

All balloons must include a warning about thedangers o uninected or broken balloons to chil-dren younger than 8 years o age.

Examples of Toys that Pose Potential Choking Hazards


28/41


TOYS CONTAINING SMALL PARTS WITH LABEL VIOLATIONS

Product name: Bead Kit

Label on toy: 5+

Type of hazard: ChokingWhy toy is a problem: No small parts warning, which is required for

toys intended for children between 4 and 6that contain small parts.


Item # (if known):

Store: Dollar Tree

Price paid: $1.00

Product name: Littlest Pet Shop- #2744 Horse

Label on toy: 4+


Why toy is a problem: Bottom half of pony easily detaches and tswithin the small parts cylinder. There is nosmall parts warning, which is required fortoys intended for children between 4 and 6that contain small parts.

Manufacturer/Distributor: Hasbro

Item # (if known): A0467

Store: Kmart

Price paid: $3.99


29/41


Product name: Littlest Pet Shop Candyswirl DreamsCollection #3313

Label on toy: 4+


Why toy is a problem: The bottom of the toy animal easily detachesand both the head and bottom t within thesmall parts cylinder. There is no small partswarning, which is required for toys intendedfor children between 4 and 6 that containsmall parts.


Item # (if known): 98751 LPS BLIND BAG

Store: Wal-MartPrice paid: $4.49

Product name: Littlest Pet Shop- Sunil Nevla

Label on toy: 4+


Why toy is a problem: The bottom of the toy animal easily detachesand ts within the small parts cylinder. Thereis no small parts warning, which is requiredfor toys intended for children between 4 and6 that contain small parts.


Item # (if known):

Store: Wal-Mart

Price paid: $3.99


30/41


Product name: Littlest Pet Shop-Candyswirl DreamsCollection #3317

Label on toy: 4+


Why toy is a problem: The round head of the seal easily detachesfrom the tail and both parts t within thesmall parts cylinder.


Item # (if known): 98751 LPS BLIND BAG

Store: Wal-Mart

Price paid: $4.49

Product name: Littlest Pet Shop- Seal and Dolphins

Label on toy: 4+


Why toy is a problem: The round head of the seal easily detachesand barely passes the small parts test but

fails the small ball test.


Item # (if known):

Store: Kmart

Price paid: $4.49


31/41


SMALL BALL LIKE TOYS, TOY PARTS AND ROUNDEDFOOD TOYS POSE CHOKING HAZARDS

Product name: Gobble Gobble Guppies

Label on toy: 2+


Why toy is a problem: The round sh are bigger than choke tubebut smaller than small ball tester.

Manufacturer/Distributor: SwimWays

Item # (if known): 12031

Store: Kmart

Price paid: $14.99

Product name: Super Play Food Set

Label on toy: Statutory Small Parts Warning

Type of hazard: Some food objects are small partsotherrounded food objects are bigger than choketube but smaller than small ball tester.

Why toy is a problem: Toy food poses a special hazard because itlooks as if it should be eaten

Manufacturer/Distributor: Geoffrey LLC

Item # (if known): #80001

Store: Toys-R-Us

Price paid: $19.99


32/41


NEAR SMALL PARTS MAY POSE CHOKING HAZARDS

Product name: Fisher-Price Loving Family OutdoorBarbeque

Label on toy: 3+


Why toy is a problem: The toy has circular near small part and alsolooks like something that should be eaten.

Manufacturer/Distributor: Mattel


Store: Kmart

Price paid: $22.99

BALLOONS MARKETED TO CHILDREN UNDER 8

Product name: Punch Balloons

Label on toy: Statutory balloon warning; 5+


Why toy is a problem: Balloons are dangerous for children under 8,but this toy is labled for 5+

Manufacturer/Distributor: Toy Investments, Inc.


Store: Toys R Us

Price paid: $ .98


33/41


Potentially Toxic Toys: Lead and Other Toxic ChemicalsStandardsTe Consumer Product Sa ety Improvement Act o2008 bans lead in toys and childrens products on aphase-out schedule outlined below. Afer the effectivedates, these products cannot be manu actured, import-ed or sale or sold.

February 2009: oys and childrens products con-taining lead in excess o 600 parts per million(ppm) became banned hazardous substances.

August 2009: Te maximum allowable amount olead in paint decreased rom 600 ppm to 90 ppm.

August 2009: oys and childrens products con-taining lead in excess o 300 ppm became bannedhazardous substances.

August 2011: oys and childrens products con-taining lead in excess o 100 ppm which weremanu actured afer August 14 th, 2011, became

banned hazardous substances.

Te CPSIA made mandatory the previously voluntaryAS M F-963-07 standards, including limits on maxi-mum soluble migrated content or eight metals in chil-drens products, as outlined in the table below:

Metal Maximum soluble migrated content

Antimony (Sb) 60 ppm

Arsenic (As) 25 ppm

Barium (Ba) 1000 ppm

Cadmium (Cd) 75 ppm

Chromium (Cr) 60 ppm

Lead (Pb) 90 ppm

Mercury (Hg) 60 ppm

Selenium (Se) 500 ppm

Te CPSIA includes a ban on childcare products andchildrens toys containing the phthalates DEHP, DBP,and BBP in concentrations higher than 0.1% per phthal-ate (1,000 ppm), and on childcare products and chil-drens toys that can be put in a childs mouth containing

the phthalates DINP, DnOP, and DIDP in concentra-tions higher than 0.1% per phthalate (1,000 ppm).

Examples of Toys and Childrens ProductsContaining Lead and other Toxic Chemicals

Product name: Captain America Soft Shield

Label on toy: 2+

Type of hazard: Lead poses chronic health hazards to childrenWhy toy is a problem: Tested at 2900 ppm lead

Manufacturer/Distributor: Disguise, Inc.


Store: Toys R Us

Price paid: $8.99


34/41


Product name: Rings

Label on toy: Statutory small parts warning; Ages 3 and up

Type of hazard: Lead poses chronic health hazards to children

Why toy is a problem: All rings tested positive for lead, ranging upto 200 ppm



Store: Dollar Tree

Price paid: $1.00

Product name: Teenage Mutant Ninja Turtles Pencil Case

Label on toy:

Type of hazard: Cadmium and phthalates pose chronichealth hazards to children

Why toy is a problem: Tested at 150,000 ppm DEHP and 600ppm cadmium. Although this childrensproduct is not a toy subject to either theCPSIAs phthalates or toxic metals limits,these hazards should be eliminated from allchildrens products.

Manufacturer/Distributor: Innovative Design, LLC

Item # (if known): 7247NT

Store: Toys R US

Price paid: $4.99


35/41


Product name: Lamaze Take and Tidy Activity Mat

Label on toy:

Type of hazard: Antimony poses chronic health hazards tochildren

Why toy is a problem: Tested at 900 ppm Antimony (Sb). Althoughthis product may or may not not violate theCPSIAs soluble Antimony limit (60ppm), itstotal antimony of 900ppm puts infants at riskfor exposure.

Manufacturer/Distributor: TOMY

Item # (if known): LC27156

Store: Babies R US

Price paid: $39.99

Product name: Monster High Skelita Holloween Costume

Label on toy:

Type of hazard: Antimony poses chronic health hazards tochildren

Why toy is a problem: Tested at 80 ppm Antimony (Sb) on the wig.Although this product may or may not notviolate the CPSIAs soluble Antimony limit(60ppm), its total antimony of 80ppm putschildren at risk for exposure.

Manufacturer/Distributor: Rubies Costume Co

Item # (if known):

Store: Toys R US

Price paid: $29.99


36/41


MagnetsStandards

oys shall not liberate a hazardous magnet or a hazard-ous magnetic component afer use and abuse testing. Ahazardous magnet is a power ul magnet (ux > 50) thatts in the small parts choke test cylinder. A hazardousmagnet is banned or children < 14. Hobby, craf, and

science kit-type items intended or children over 8 yearso age, where the nished product is primarily o play value, that contain a loose as-received hazardous mag-net or a loose as-received hazardous magnetic compo-nent are exempt rom the requirements provided theycomply with the requirements or sa ety labeling.

Examples of Potentially Hazardous Magnet Toys

Product name: Sonic Sound Sizzlers Noise Magnets

Label on toy: 8+

Type of hazard: Ingestion

Why toy is a problem: The toy contains two high powered magnetsthat are near small parts. If the toy was a smallpart, it would be banned for children


37/41


Noise HazardsStandardsIn September 2011, AS M nalized new specicationsthat are an improvement on its 2003 standards orsound-producing toys. Te CPSC has the authority toen orce the AS M standards. Tese standards includethe ollowing:

Hand-held, tabletop, oor, and crib toys shouldnot produce continuous sound that exceeds 85dB when measured rom 25 centimeters (about 10inches).

Close-to-the-ear toys should not produce con-tinuous sound that exceeds 65 dB when measured

rom 2.5 centimeters (about 1 inch).

oys with impact-type impulsive sounds shouldnot produce a peak sound in excess o 115 dBwhen measured rom 25 centimeters.

oys with explosive-type sounds should not pro-duce a peak sound in excess o 125 dB when mea-sured rom 25 centimeters.

Examples of Potential Noise Hazards

Product name: Chat & Count Smart Phone

Label on toy:

Type of hazard: Noise

Why toy is a problem: The toy tests at above 85+ decibels and isintended to be held close to the ear.

Manufacturer/Distributor: Leap Frog Enterprises, Inc


Store: Babies R Us

Price paid: $17.99


38/41


Product name: Lil Pal Phone

Label on toy:


Why toy is a problem: The toy tests at above 85+ decibels and isintended to be held close to the ear.

Manufacturer/Distributor: Leap Frog Enterprises, Inc


Store: Babies R Us

Price paid: $9.99

Product name: Fisher Price Laugh & Learn Remote

Label on toy:


Why toy is a problem: The toy tests at above 85+ decibels and maybe held close to the ear.

Manufacturer/Distributor: MattelItem # (if known): W9739

Store: Babies R Us

Price paid: $12.99


39/41


Attachment B: Toy-Related Deaths, 2001-2012

Source: Consumer Product Safety Commission

2 0 0 1

2 0 0 2

2 0 0 3

2 0 0 4

2 0 0 5

2 0 0 6

2 0 0 7

2 0 0 8

2 0 0 9

2 0 1 0

2 0 1 1

2 0 1 2

Choking/Asphyxiation Deaths

Balloons 4 3 3 3 3 3 4 2 2 5 5 2

Balls 1 2 5 4 9 4 5 2 0 3 0 0

Marbles 0 0 0 0 0 0 0 0 0 0 0 0

Toy or Toy Part 3 3 3 0 0 4 2 1 2 2 0 1

Total 8 8 11 7 11 11 11 5 4 10 5 3Riding Toys, Scooters 13 5 0 5 8 11 8 10 8 1 4 7

Toy Chests 2 0 0 0 0 0 0 1 1 2 1 0

Other 2 0 0 10 7 6 5 9 4 6 7 1

Total Toy Deaths 25 13 11 22 26 28 24 25 17 19 17 11

% By Choking/Asphyxia 32% 62% 100% 31% 42% 39% 46% 24% 29% 63% 29% 27%


40/41


End Notes

1 Kids in Danger, February 2008. Te Yearo the Recall http://www.kidsindanger.org/docs/reports/2008_year_o _the_recall.pd . Accessed November 9 2011.

2 CPSC Recalls. http://www.cpsc.gov/en/Recalls/

3 Levin, Jenny. Celebrating the mandatory toysa ety standard-an important provision othe Consumer Product Sa ety ImprovementAct. Aug. 7, 2013. www.uspirg.org.

4 Dini El Boghdady, Te WashingtonPost, CPSC database aces rst legalchallenge, October 18 th 2011. http://www.washingtonpost.com/business/economy/cpsc-database- aces-rst-legal-challenge/2011/10/18/gIQAtpKivL_story.html. Accessed October 18 2011.

5 News release, Federal judge lets companystay anonymous in suit over CPSCcomplaint data, October, 23, 2012 onthe Consumer Reports magazine website.See http://news.consumerreports.org/sa ety/2012/10/ ederal - judge- le ts-company-stay-anonymous-in-suit-over-cpsc-complaint-data.html

6 Brian Wol man, More on Company Doesuit in Fourth Circuit, blog post o 11November 2013 available at http://pubcit.typepad.com/clpblog/2013/11/more-on-company-doe-suit-in- ourth-circuit.html(last visited 12 November 2013)

7 Guney, Mert & Zagury, Gerald.Contamination by en Harm ulElements in oys and Childrens JewelryBought on the North American Market.

Environmental Science & echnology.2013, 47, 5921-5930.

8 Centers or Disease Control andPrevention, February 2011. NationalReport on Human Exposure toEnvironmental Chemicals, http://www.cdc.gov/exposurereport/. Accessed onOctober 19 2011.

9 Environmental Protection Agency, http://www.epa.gov/lead/pubs/learn-about-lead.html#exposed, accessed 26 June 2012.

10 Low Level Lead Exposure HarmsChildren: A Renewed Call or PrimaryPrevention Report o the AdvisoryCommittee on Childhood Lead PoisoningPrevention o the Centers or DiseaseControl and Prevention. January 4, 2012.http://www.cdc.gov/nceh/lead/acclpp/nal_document_030712.pd

11 Centers or Disease Control, CDCsLead Poisoning Prevention Program,downloaded rom www.cdc.gov/nceh/lead/ actsheets/lead cts.htm, 23 August2005.

12 Centers or Disease Control, BloodLead LevelsUnited States, 1999-2002,Morbidity and Mortality Weekly Report,27 May 2005.

13 Environmental Protection Agency, http://www.epa.gov/lead/pubs/learn-about-lead.html#exposed, accessed 26 June 2012.

14 Centers or Disease Control, http://www.cdc.gov/nceh/lead/, accessed 26 June 2012.

15 15 U.S.C. 1261( )(1)

16 Guney, Mert & Zagury, Gerald.Contamination by en Harm ulElements in oys and Childrens JewelryBought on the North American Market.Environmental Science & echnology.2013, 47, 5921-5930.

17 Dana Best, September 20 2007. AmericanAcademy o Pediatrics, ProtectingChildren From Lead Paint Imports,http://www.aap.org/advocacy/washing/

estimonies-Statements-Petitions/09-20-07-Lead- ainted-Imports- estimony.pd .Accessed October 24 2011.

18 US EPA. oxic rans ers Website. http://www.epa.gov/ttnatw01/hlthe /cadmium.html. Accessed November 5 2011

19 Clarke, Emily. Why Do oys Containoxic Cadmium? EWG Enviro Blog. Aug

5, 2010. http://www.ecy.wa.gov/programs/sw a/cspa/chcc.html

20 Clarke, Emily. Why Do oys Containoxic Cadmium? EWG Enviro Blog. Aug

5, 2010.

21 Center or Environmental Health.September 6 2011. Settlement Ends HealthTreat- rom Cadmium ainted Jewelry.

Accessed November 1 2011.

22 Rationale or Reporting List o Chemicalso High Concern to Children Preparedby the Washington State Department oHealth or the Childrens Sa e Product Act 4/18/2011

23 Phthalate Esters Panel o the AmericanChemistry Council, What are Phthalates,April 2004, www.phthalates.org. AccessedOctober 24 2011.

24 Shanna H. Swan et al, Decrease in

anogenital distance among male in antswith prenatal phthalate exposure,Environmental Health Perspectives 113:1056-1061, August 2005; LE Gray et al,Prenatal Exposure to the PhthalatesDEHP, BBP, and DINP, but not DEP, DMP,or DO P, Alters Sexual Differentiation othe Male Rat, oxicological Science 58:350-365, December 2000; Vickie Wilson etal, Phthalate Ester-Induced GubernacularLesions are Associated with ReducedInsl3 Gene Expression in the Fetal Rat

estis, oxicology Letters 146: 207-215,2 February 2004; JS Fisher et al, Human esticular Dysgenesis Syndrome: APossible Model Using in-utero Exposureo the Rat to Dibutyl Phthalate, HumanReproduction 18: 1383-1394, 2003.

25 G Latini et al. 2003. In-Utero Exposure toDi-(2-ethylhexyl)- phthalate and HumanPregnancy Duration, EnvironmentalHealth Perspectives 111:1783-1785.


41/41

26 I. Colon, D Caro, CJ Bourdony and ORosario. 2000. Identication o PhthalateEsters in the serum o Young Puerto RicanGirls with Premature Breast DevelopmentEnvironmental Health Perspectives 108:895-9000. Accessed November 10 2011.

27 See this CPSC summary page ordescriptions o these phthalates, http://www.cpsc.gov/in o/toysa ety/phthalates.html

28 Lisa Stiffler, March 16 2008. Seattle Pi,oy-sa ety measure may trigger a lawsuit.

http://www.seattlepi.com/local/article/oy-sa ety-measure-may-trigger-a-

lawsuit-1267348.php. Accessed November10 2011.

29 http://pulse.seattlechildrens.org/magnets-pose-an-increasing-risk-to-children/

30 rouble in oyland 2007 U.S. PIRG

31 Sa erproducts.gov

32 Magnet Rulemaking: How You Can BeInvolved. By CPSC Blogger on August 27,2012

33 Stout, Hilary. Buckyball Recall Stirs aWider Legal Campaign. Te New York

imes. Oct. 31, 2013.

34 CPSC Recall Database.

35 Staff responses to Questions about theNotice o Proposed Rulemaking orHarzardous Magnet Sets. CPSC document.

36 oy Injury Statistics. CPSC InjuryStatistics. http://www.cpsc.gov

37 16 CFR 1501.2(b)

38 16 CFR 1501.2(a)

39 16 CFR 1501.3

40 16 CFR 1501.4(b)(2)

41 16 CFR 1500.19

42 16 CFR 1500.18(a)(17)

43 16 CFR 1500.18(a)(17)

45 16 CFR 1500.19(a)(2)

46 16 CFR 1500.19(a)(8)

47 See Dangerous Decibels. A Project oOregon Hearing Research Center at theOregon Health & Science University,

http://www.dangerousdecibels.org/education/in ormation-center/noise-induced-hearing-loss/ National Instituteon Dea ness and Other CommunicationDisorders, National Institutes o Health,Noise Induced Hearing Loss, http://www.nidcd.nih.gov/health/hearing/pages/noise.aspx

48 Karen A. Bilich, Protect Your ChildsHearing, American Baby, August 9, 2001.

49 AS Niskar et al.1998. Prevalence oHearing Loss Among children 6 to 19years o age: Te Tird National Healthand Nutrition Examination Survey, JAMA1998; 279: 1071-1075.

50 See Dangerous Decibels. A Project oOregon Hearing Research Center at theOregon Health & Science University,http://www.dangerousdecibels.org/education/in ormation-center/noise-induced-hearing-loss/ also see theNational Institute on Dea ness and OtherCommunication Disorders, NationalInstitutes o Health, Noise InducedHearing Loss, http://www.nidcd.nih.gov/health/hearing/pages/noise.aspx

51 OSHA Noise Exposure Standard, 39 FR23502 (as amended) section 19010.95

52 See Dangerous Decibels. A Project oOregon Hearing Research Center at theOregon Health & Science University,http://www.dangerousdecibels.org/education/in ormation-center/noise-induced-hearing-loss/ also see theNational Institute on Dea ness and OtherCommunication Disorders, NationalInstitutes o Health, Noise-InducedHearing Loss, http://www.nidcd.nih.gov/health/hearing/pages/noise.aspx

53 See Dangerous Decibels. A Project oOregon Hearing Research Center at theOregon Health & Science University,http://www.dangerousdecibels.org/education/in ormation-center/noise-induced-hearing-loss/

55 AS M F963, Section 4.5 and Annex A5.5(Acoustics).

56 Analysis based on a conversation withRachel Weintraub, Assistant GeneralCounsel at the Consumer Federationo America, October 29, 2003. Ms.

Weintraub sat on the AS M committeedrafing the new acoustics standard.

57 CPSC. Guidelines or Drawstrings onChildrens Upper Outerwear, http://www.cpsc.gov/CPSCPUB/PUBS/208.pd .Accessed November 10 2011.

58 CPSC, May 19 2006. Letter toManu acturers, Importers and Retailerso Childrens Upper Outerwear, http://www.cpsc.gov/BUSINFO/Drawstring.pd .Accessed November 10 2011.

59 AS M F1816-97, Standard Sa etySpecication or Drawstrings on ChildrensUpper Outerwear.

60 CPSC, Guidelines or Drawstrings onChildrens Upper Outerwear, http://www.cpsc.gov/CPSCPUB/PUBS/208.pd .Accessed November 10 2011.

61 A technical description o EPA estMethod 6020 is available at U.S. EPA,Inductively Coupled Plasma-MassSpectrometry,http://www.epa.gov/osw/hazard/testmethods/sw846/pd s/6800.pd

trouble in toyland 2013

Documents