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Consumers Cautioned About Dangerous Toys

Watchdog group warns of potential dangers for kids

By Mark Huffman
ConsumerAffairs.com

November 26, 2008

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As consumers head out for this year's Black Friday holiday shopping, a consumer group is warning that hazardous toys are still on the shelves, despite a new law overhauling the nation's product safety watchdog agency.

The group, U.S. Public Interest Research Group (PIRG), also warned that the Consumer Product Safety Commission may delay one of the new law's toxic toy protections indefinitely.

"While the Consumer Product Safety Improvement Act is a major step forward, many of its protections don't take effect until 2009, so it's still 'buyer beware' for this shopping season," said U.S. PIRG Public Health Advocate Liz Hitchcock. "Worse, last week the CPSC told companies that they could keep selling toys with toxic phthalate chemicals until they ran out of them, despite the law's clear prohibition against selling them after Feb. 10."

The group has also enlisted states to help warn consumers about the potential danger lurking in the toy aisle.

"As holiday season approaches, consumers need to be aware of potential toy hazards and pay special attention to product recalls relating to toys and children's products," said Maryland Attorney General Douglas Gansler. "Parents should read the safety guidelines for purchasing toys for small children and be aware that there are toys currently on store shelves that pose potential safety hazards."

According to the most recent data from the CPSC, toy-related injuries sent more than 80,000 children under the age of five to emergency rooms in 2007. Eighteen children died from toy-related injuries that year.

For 23 years, the PIRG "Trouble in Toyland" report has offered safety guidelines for purchasing toys for small children and has provided examples of toys currently on store shelves that pose potential safety hazards.

Because the Consumer Product Safety Improvement Act, passed in August 2008, established new standards for lead and phthalates, PIRG's research this year used laboratory tests to identify toys that contain those toxic chemicals.

Among the findings of the 2008 "Trouble In Toyland:"

• Toxic Phthalates: Numerous scientists have documented the potential health effects of exposure to phthalates in the womb or at crucial stages of development, including (but not limited to) reproductive defects, premature delivery, early onset of puberty and lower sperm counts. Effective February 2009, the CPSIA bans toys that contain concentrations of more than 0.1 percent of a toxic chemical called phthalates. PIRG found toys that contained concentrations of phthalates of up to 40 percent.

"Congress clearly intended the new law to stop the sale of toys containing toxic phthalates in February, but last week's CPSC legal opinion told manufacturers that they can keep selling the remaining millions of hazardous toys until they run out, which could take years," said Hitchcock. "Congress gave America's littlest consumers the gift of safety—they should not let the CPSC take it away."

Hitchcock noted that U.S. PIRG and congressional champions intended to take every possible action to overturn the CPSC decision and restore the February 2009 ban on sale of toxic phthalate-laden toys.

• Lead in Toys and Children's Jewelry: Children exposed to lead can suffer lowered IQ, delayed mental and physical development and even death. In 2006, a four-year-old died of lead poisoning after he swallowed a bracelet charm that contained 99 percent lead. PIRG researchers went to just a few stores and easily found three children's toys containing high levels of lead or lead paint. One piece of jewelry was 45 percent lead by weight, or more than 750 times current CPSC action levels.

The Consumer Product Safety Improvement Act will eventually ban lead except at trace amounts in paint or coatings or in any toys, jewelry or other products for use by children under 12 years old.

"Congress took important steps to address the serious health risks that lead poses to children, yet consumers can still find lead-laden children's jewelry and lead painted toys on store shelves until the protections take effect next year," said Hitchcock.

• Choking Hazards: In 1979, the CPSC banned the sale of toys for children younger than three if they contain small parts. The 1994 Child Safety Protection Act required an explicit prominent choke hazard warning on toys with small parts for children aged between three and six. Researchers found toys with small parts for children under the age of six that lacked the required explicit choke hazard warning.

"The Consumer Product Safety Improvement Act gave the CPSC the tools it needs to do a better job," said Hitchcock. "Now it's up to Congress to fully fund those tools and for the CPSC to vigorously carry out its new responsibilities."

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