THE WEEK OF NOVEMBER 22, 2001
Survey Exposes Many
Dangerous, Toxic Toys

Promotes Injury, Choking, Sickness

Results of “Trouble in Toyland,” a statewide toy safety report, have been released by the New York Public Interest Research Group. The survey, which was conducted this fall by a team of more than 70 field study participants, revealed that many hazardous toys can currently be found on the shelves of stores across the state.
“Toys should be a source of pleasure and joy for small children. Too often toys cause injuries and sometimes death,” said Tracy Shelton, a NYPIRG staff attorney. “This year, we identified toys that could pose many different hazards to small children.”
Surveyors identified a new hazard this year—scooters. According to recent data from the Consumer Products Safety Commission scooters have been responsible for more than 100,000 injuries and 11 deaths since January 2000. Most injuries were the result of falling off the scooter, and many of the injuries were fractures and dislocations, mostly to the arms and hands.
In 2000, 17 children died playing with toys, and an estimated 191,000 persons were treated in U.S. hospital emergency rooms for toy-related injuries, according to recent data from the CPSC.
The report also includes an Internet survey, which revealed that Internet sites that advertise and sell toys do not include the choke hazard warnings included on toy packages in retail stores. Therefore, Internet toy shoppers are not warned about the choking hazards the toys may pose until after they purchase the toys and receive them.
“Children should be entertained and educated by toys. Some of the toys we found could seriously injure or even kill small children,” said Diana Breen, an NYPIRG project coordinator.
The annual toy safety report includes NYPIRG’s 2001 list of dangerous toys, which features 17 of the dangerous toys discovered during the statewide toy safety survey. The list includes a recalled toy, toys that could pose a choking hazard to small children, toys that contain toxic substances, and toys that are so loud they could damage small children’s hearing.
This 2001 Trouble in Toyland report is the sixteenth annual NYPIRG toy safety survey. NYPIRG uses results from its survey to educate parents about toy hazards and to advocate passage of stronger laws and regulations to protect children from toy hazards.
In particular, NYPIRG focuses on choking, the leading cause of toy deaths. Our survey found that stores continue to carry numerous potentially dangerous toys. Also, despite the implementation of the 1994 Child Safety Protection Act, publicity from PIRG, other groups and the media, and intensified efforts by the Consumer Product Safety Commission and the U.S. Customs Service at least 293 children have choked to death on children’s products since 1980. On the upside, the number of dangerous toys on shelves appears to be less than in previous years. Overall, we commend most manufacturers for complying with toy safety standards.
This survey also focuses on the recently identified hazards of toys containing significant amounts of toxic chemicals, especially teething toys intended for children under three years old. Specifically, many soft polyvinyl chloride plastic toys contain chemicals called phthalates—which are probable human carcinogens and know to cause chronic health effects including liver and kidney abnormalities.
The report also included an Internet shopping survey, which showed that toy store Web sites are failing to warn parents about toy hazards.
Findings
•Toy manufacturers make toys that may pose choke hazards, yet are barely large enough to pass the small parts ban test.
•Toy manufacturers and retailers fail to label unwrapped small toys or toys containing small parts within bins. They also fail to label bins that contain unlabeled unpackaged toys that pose choke hazards, as required by law.
•Even though more than six years have passed since the Child Safety Protection Act went into effect, retailers are still selling toys with obsolete warning labels including toys manufactured after the Act.
•One of the most dangerous toys, balloons, continues to be manufactured and marketed in shapes and colors that are attractive to very young children and continues to be sold unlabeled in bins that are accessible to children.
•Toy manufacturers are over-labeling toys by placing choke hazard warnings on toys that do not contain small parts. We are concerned that this will water down the meaning of the labels and hence be less useful to parents.
Independent tests have shown that many plastic toys, including common teething toys, contain as much as 40 percent by weight of toxic phthalates, which may leach into children’s bodies. The chemicals are probable human carcinogens and have been shown to have some of the characteristics of “endocrine disrupts”—chemicals that cause reproductive abnormalities.
•No major on-line toy retailer displays critical hazard warning labels on the Internet, putting online shoppers at a disadvantage when trying to shop for safe toys on the Internet.
Recommendations
To toy buyers and parents: Be vigilant this holiday season and remember:
•The CPSC does not test all toys;
•Not all toys on the shelves meet CPSC regulations;
•Toys that meet all CPSC tests may still pose hazards, ranging from choking to toxic chemical exposure; and
•On-line toy shopping does not provide the same safety warnings that by law must appear on toy packaging.
To The CPSC:
•Reexamine the parameters by which toys are judged for age appropriateness.
•At a minimum, ban toxic phthaletes from toys intended for children ages three and under, as other jurisdictions have already done. Preferably, as PIRG and other groups requested in a 1998 petition, ban toxic phthalates from toys intended for children five and under.
•Continue to encourage online toy retailers to display critical safety warnings.
To Toy Makers:
•Manufacturers should do more to comply with toy regulations.
•Toy makers should add stickers to obsolete packages to comply with the CPSC’s regulations and improve warnings on new packages to meet the spirit, not merely the letter of the law.
•Eliminate toxic phthalates from toys intended for children under five years old, or at a bare minimum eliminate toxic phthalates from toys intended for children under three years old as some companies have already done. Clearly disclose the use of toxic phthalates and other chemicals in other toys appropriate for older children.
•Reexamine the parameters with which toys are judged for age appropriateness.
•Display crucial hazard warnings on online retail sites.
To Toy Stores:
•Clearly label bins as well as the toys within bins containing small part.
•Carefully consider the height of bins containing toys with small parts. Make sure that they are high enough so that children under three can not reach them.
•Make sure all balloons are packaged with a CSPC warning requirement. Never place loose balloons in bins.
NYPIRG’S 2001 List Of Potentially Dangerous Toys
•Baby Soft Blocks (Rivik/Mega Blocks);
•Basketball Key Chain (Made in China);
•Baad Magic Set (Lillian Vernon);
•Electronic Talking Fire Engine (Tok Nok Toys International);
•Erasers in Assorted Shapes and Colors (Bin Toy-No Manufacturer Information);
•Happy 1st Birthday Balloons (Unique);
•Help Bee, Hello Me Book (Sassy)
•It’s the Big 1 Balloons (Amscan);
•Lil’ Chef’s Market (50 piece Play Food Set (Geoffrey);
•Little Small-Tiny Touch Phone Plus (V-Tech);
•Multi-colored Small Balls (Bin Toy-No No Manufacturer Information);
•Plastic Whistles (Made in China);
•Push ’n Pop Key Chain Toy (Made in China);
•Rings in Assorted Shapes and Colors (Made in China);
•Thomas the Tank Engine Balloons (National Latex);
•Tub Tints Color Surprise Bath Book (Equity Marketing, Inc.);
•Who Loves Baby? Photo Book (Sassy).
NYPIRG’s 2001 List of Potentially Hazardous Toys
The following list contains examples of toys that may pose hazards to young children. All these toys were found in New York toy stores in November 2001. The purpose of this list is not to identify these toys as the most hazardous toys on the shelves of local stores. The purpose of this list is to provide examples of the hazards toys may pose. The list includes toys that have been recalled, pose choking hazards, contain toxic substances and that are dangerously loud. Please see the attached hazard key for more details.
Recalled Toys–the following toy has been recalled by the CPSC.
•Push ‘n Pop Key Chain Toy-A green frog with a red tongue. If you squeeze the frog, the tongue will stick out. The CPSC recalled this toy because the balloon tongues and the cylinder holding the tongues on these can detach, posing a choking and aspiration hazard to young children. (Made in China).
Choking Hazards- The following toys may pose a choking hazard to small children. This list includes toys that contain small parts, small balls, small play food and latex balloons.
Failure to warn (small parts)- The following toys contain small parts and have play value for children under six. They do not have the CSPA safety labels.
•Boad Magio Set-A box containing beads of various shapes and sizes (Lillian Vernon).
•Erasers in Assorted Shapes and Colors-Surveyors identified bears, butterflies, hearts, strawberries and whales. The erasers are brightly-colored (bin toys-no manufacturer information available).
•Plastic Whistles-Plastic, brightly-colored whistles (Made in China).
•Rings in Assorted Shapes and Colors-Surveyors identified heart rings, butterfly rings and peace sign rings (Made in China).
Failure to Warn (small balls)- The following toys contain small balls and have play value for children under six. They do not have the CSPA safety labels.
Basketball Key Chain-Brightly-colored basketball made of hard rubber (Made in China).
Multi-Color Small Balls-Small brightly-colored rubber super balls (bin toys-no manufacturer information available).
Latex Balloons- Balloons are a leading choke hazard toy killer. NYPIRG has long had a position that latex balloons should not be targeted to toddlers. The following balloons are examples surveyors found. They all contained the proper CSPA safety warning label.
•Happy 1st Birthday Balloons-Package of six blue printed balloons (Unique).
•It’s the Big 1 Balloons-Package of six helium quality jumbo balloons (Amscan).
•Thomas The Tank Engine Balloons-Package of six 12” balloons. (National Latex).
Small Play Food/Near Small Parts-The following toy contains plastic play food that is smaller than a golf ball and other parts that are just slightly larger than the small parts testing cylinder.
•Lil’ Chefs Market 50-piece Play Food Set-Toy contains plastic, brightly-colored small play food (Geoffrey).
Toxic Toys-The following toys contain phthalate. When purchased for scientific laboratory use phthalate contains the following warning label: “May cause cancer; harmful by inhalation, in contact with skin, and if swallowed; possible risk of irreversible effects, avoid exposure; and wear suitable protective clothing, gloves and eve/face protection.”
•Baby Soft Blocks-Brightly-colored, soft, vinyl blocks designed for babies (Ritvik/Mega Blocks).
•Hello Bee, Hello Me Book-Brightly-colored, soft, vinyl book designed for babies (Sassy).
•Who Loves Baby? Photo Book-Brightly colored soft, vinyl books designed for babies (Sassy).
•Tub Tints Color Surprise Bath Book-Contains brightly colored soft, vinyl bath book (Equity Marketing, Inc.).
Dangerously Loud Toys- Toys with noise levels of 85 decibels or more pose hearing loss dangers to children. The toys that follow have dangerously loud noise levels and are marketed to toddlers.
•Electronic Talking Fire Engine-Red, plastic fire truck with two pre-school action figures. The engine plays different sounds and songs. The decibel level for this toy is 103/78 (Tek Nek Toys International).
•Little Smart-Tiny touch Phone Plus-Brightly-colored play phone that plays music and teaches numbers, colors and shapes. The decibel level for this toy is 97/73 (V-Tech).
Hazard key
Choking Hazard: In general, toys may pose a choking hazard to small children if they contain small parts, small balls, or a latex balloons and fall into one of the categories listed below.
According to Consumer Product Safety Commission guidelines and the Child Safety Protection Act, toys pose a choking hazard if they have play value for children under three—bright colors rounded edges simple construction easy to understand, etc. and;
•Choking (small parts)-the toy (or any of its parts, pieces or easily removable parts) fits entirely inside the small parts testing cylinder. The toy is in violation of the CPSC safety regulations only if it, its parts, or easily removable parts fit entirely inside the 1.25 testing cylinder without being compressed.
•Choking (small balls)-the toy contains small balls that are smaller than a golf ball. If so, the toy is in violation of the CSPA.
Toys may pose a choking hazard if they fit in any of the following categories:
• Choking (near small parts)-the toy has play value for children under three and it or any of its parts, pieces or easily removable parts fit in the 1.25th testing cylinder but stick out at the top a little or fit inside only when compressed. These toys, while not in violation of the regulations, have still resulted in choking deaths in small children.
•Choking (small ball-like or spherical objects)-the toy has play value for children under three and it contains ball-like or spherical objects that are smaller than the 1.75 inch diameter of a golf ball.
•Choking (small play food)-the toy contains play food that is smaller than a golf ball.
•Choking (latex balloons targeted to toddlers)-the toy is a latex balloon that would appeal to small children. Balloons are a leading toy killer. Small children can choke on deflated balloons and balloon pieces. Balloons that feature cartoon characters and popular children’s figures such as Mickey Mouse that are attractive to toddlers or that say Happy First, Second or Third Birthday can be hazardous.
The toy is in violation of the choke hazard labels required under the CSPA
•Choking (labeling)-Toys that contain small parts and are intended for children over three (ages 3-6) must contain tough choke hazard warning labels according to the CSPA. These toys are dangerous because toy shoppers may buy toys without the choking warnings for advanced one and two year olds putting those children at risk. Also, parents with 1-2 year olds and 3-6 year olds are not warned to keep the toys with small parts appropriate for the 3-6 year olds away from the 1-2 year olds, putting the 1-2 year olds in danger.
Other Hazards: While most children who are seriously injured by toys, choke on small parts, balls or balloons, children are also injured by toys in other ways. The following categories contain descriptions of other toy hazards.
Toxic Substance: According to the Hazardous Substances Act there are certain substances that should not be found in art supplies, makeup kits and cosmetics because they are toxic. These substances include toluene, xylene, phthalate, epichlorohydrin or glycol ethers.
Strangulation: Any toy that contains a rope, chain, string or elastic band could encircle a child’s neck and strangle them. String on crib toys more than six inches and strings on pull-toys 12 inches in length may pose a strangulation hazard to infants and toddlers.
Eye or Face injuries-Laceration/Sharp Edges: Any rigid edge or surface can lacerate a child, leaving them blinded, scarred or disfigured. Children’s eye makeup with hard, plastic applicators could result in eye injuries.
Eye or Face injuries-Projectiles: Often projectile toys have sharp edges and pieces and these can be very dangerous. Some projectile toys project hard objects with unreasonable amounts of power.
Hair or Clothing Entanglement-Toys that contain loose attachments, dolls that eat, cars or trucks with wheels that move automatically may pose entanglement hazards which can result in strangulation, scalp injuries skin lacerations, etc.
Fall-Related injuries- Scooters: Since their fairly recent introduction, there have been thousands of scooter-related injuries. Scooters that are marketed to young children (feature popular children’s characters), and/or do not have safety warning labels pose particular hazards.
Tipping Falling-Baby Walkers: Baby walkers have resulted in many serious injuries-caused primarily when they either tip over or when the baby falls down the stairs while in the walker. Walkers that are less than 36 inches across-the width of an average doorway are particularly hazardous. Some of these walkers may have brakes but if children can fit through the doorway they are likely to be unsupervised for some period of time. It is NYPIRG’s position that baby walkers should not fit through the average doorway.
Excessive Loudness. According to the American Speech-Language-Hearing Association, parents may think that noise is a problem they need not worry about until their child reaches the teenage years. Not so. Some toys are so loud that they can cause hearing damage in children. Thomas H. Fay, Ph.d., audiologist and former director of the Speech and Hearing Department at Columbia-Presbyterian Medical Center in New York suggests that prior to purchasing a new toy, parents or other who buy toys for children, should listen to the toy. If the toy sounds loud, it should not be purchased. Toys designed to be held near a child’s ear (phones, boom boxes, etc.) that seemed excessively loud (sound like a car alarm, loud horn, shrill ring, etc.) pose particular hazards.