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Trouble in Toyland The 31st Annual Survey of Toy Safety Written by: Dev Gowda and Ed Mierzwinski U.S. PIRG Education Fund November 2016 Acknowledgments CoPIRG Foundation thanks the Colston Warne program of Consumer Reports for sup- porting our work on consumer protection issues. Additional thanks to individual contribu- tors for their generous support of our work on toxics, public health, and consumer issues. Special thanks to Anastasia Perry for her research assistance. The authors bear responsibility for any factual errors. Policy recommendations are those of CoPIRG Foundation. The views expressed in this report are those of the authors and do not necessarily reflect the views of our funders or those who provided review. 2016 CoPIRG Foundation. Some Rights Reserved. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Li- cense. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc- nd/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. All images of recalled toys were taken from the CPSC website. The CPSC did not contribute to this report nor does it endorse this report, CoPIRG Foundation, or its af- filiates. With public debate around important issues often dominated by special interests pursuing their own narrow agendas, CoPIRG Foundation offers an independent voice that works on behalf of the public interest. CoPIRG Foundation, a 501(c)(3) organization, works to protect consumers and promote good government. We investigate problems, craft solu- tions, educate the public, and offer Coloradans meaningful opportunities for civic partici- pation. For more information about CoPIRG Foundation or for additional copies of this report, please visit www.copirgfoundation.org. Report layout: Alec Meltzer Cover design: Anna Low-Beer Cover photo: Billion Photos / Shutterstock. Toys shown may not be subject to recall. Table of Contents Executive Summary . 1 Introduction . 3 Toy Safety Milestones . .4 Hazards in Toys . .6 Toxic Hazards . .6 Lead . 6 Phthalates . 7 Choking Hazards . .8 Small Balls . 8 Balloons . 9 Magnets . 10 Excessive Noise . 11 Overheating of Batteries and Chargers . .11 Recommendations . .12 Methodology . 14 CPSC-Recalled Toys from January 2015 to October 2016 . .15 Appendix 1 . Reported Toy-Related Deaths, 2001-2014 . .59 Appendix 2 . CPSC Characteristics of Toys for Children Under Three . 60 Notes . 61 Executive Summary or over 30 years, U.S. PIRG Educa- Policymakers should continue building tion Fund has conducted an annual upon recent progress in the strengthen- Fsurvey of toy safety, which has led to ing of toy safety standards by: over 150 recalls and other regulatory ac- tions over the years, and has helped edu- • Maintaining the CPSC’s funding and cate the public and policymakers on the authorities to protect the public; and need for continued action to protect the health and wellbeing of children. • Understanding that regulations protect Toys are safer than ever before, thanks health and safety. to decades of work by product safety ad- vocates, parents, the leadership of Con- The CPSC should improve recall ef- gress, state legislatures, and the Consumer fectiveness: Product Safety Commission (CPSC). U.S. PIRG Education Fund staff ex- • Engage in efforts to increase consumer amined toys recalled by the CPSC be- and researcher awareness of the public tween January 2015 and October 2016 hazard database SaferProducts.gov; and looked at whether they appeared to still be available for sale online. • Aggressively seek to increase recall ef- Since January 2015, the CPSC, in coop- fectiveness by making sellers agree to eration with manufacturers and distribu- conduct more effective outreach cam- tors, has announced over 40 recalls of toys paigns that stress the real hazard posed, and children’s products totaling over 35 rather than simply promote the pur- million units. We found that over a dozen ported good will of the firm; recalled toys appeared to be available for sale. Also, parents should watch out for re- • Perform regular online sweeps checking called toys that could still be in their homes. for the availability of previously-recalled Despite recent progress in making toys toys; and safer, toys are still being recalled for hazards such as lead, choking hazards, and overheat- • Hold companies reselling recalled prod- ing. To keep children safe from potentially ucts accountable, which also sends a hazardous toys, there is still more to do. message to others. Executive Summary 1 The CPSC should continue to enforce Parents and caregivers can also take and improve strong safety standards: steps to protect children from potential hazards. We recommend that parents: • Continue to vigorously enforce the Consumer Product Safety Improve- • Subscribe to email recall updates from the ment Act’s mandatory standards for CPSC and other U.S. government safety toys, including strict limits on lead and agencies available at www.recalls.gov; lead paint in any toys, jewelry or other articles for children under 12 years; • Shop with U.S. PIRG Education Fund’s Toy Safety Tips, available at • Vigorously enforce the Consumer toysafetytips.org; Product Safety Improvement Act’s per- manent ban on the use of three specific • Examine toys carefully for hazards be- phthalates in all toys and children’s fore purchase – and don’t trust that they products; are safe just because they are on a store shelf. Check the CPSC recall database • Enlarge the small parts test tube to be at CPSC.gov before buying toys online; more protective of children under three; • Report unsafe toys or toy-related inju- • Change the small-ball rule to include ries to the CPSC at Saferproducts.gov; small round or semi-round objects, and not just “balls” in the strictest definition, • Remember, toys on our list are present- since these toys pose the same hazards ed as examples of previously recalled as small balls (this is especially true of toys only. Other hazards may exist; rounded toy food, since it is “intended” to be eaten; • Review the recalled toys list in this re- port and compare it to toys in your chil- • Enforce the use of the United States’ dren’s toy boxes; and statutory choke hazard warning label, as many toys now are wrongly labeled with • Put small parts, or toys broken into small less explicit foreign warnings; and parts, out of reach. Regularly check that toys appropriate for your older children • Continue to enforce CPSC rules re- are not left within reach of children who quiring online warning labels. still put things in their mouths. 2 Trouble in Toyland: The 31st Annual Survey of Toy Safety Introduction oys are safer than ever before, thanks Choking on small parts, small balls and to decades of work by product safety balloons remains a leading cause of toy- Tadvocates, parents, the leadership related deaths and injuries. Some toys can of Congress, state legislatures and the pose hidden hazards, exposing children Consumer Product Safety Commission to dangerous chemicals that are linked to (CPSC). Nonetheless, since January 2015, serious health problems. Other emergent the CPSC, in cooperation with manufac- hazards the CPSC has addressed in recent turers and distributors, has announced years are posed by small powerful rare over 40 recalls of toys and children’s prod- earth magnets. ucts totaling over 35 million units. Key parts of the Consumer Product Safety Improvement Act (CPSIA) of This year is the 31th annual release 2008 recognized the growing threat of of our Trouble in Toyland report. This toxic chemicals. It gave CPSC authority year, we emphasize two warnings to to enforce strict limits on lead, other parents and toygivers: heavy metals, and phthalates in toys and children’s products. • Recalls are often not effective in reach- In 2014 (the last year for which data are ing consumers. You may have previously available), there were 251,800 toy-related recalled toys at home. We urge you to injuries treated in U.S. hospital emergency check our list. departments, and 11 toy-related deaths.1 But despite lingering dangers, in the • In some cases, we were able to purchase last 30 years we’ve come a long way in previously recalled toys on the Internet. terms of both policy and compliance with We have notified the CPSC of these po- standards. tentially illegal sales. Introduction 3 Toy Safety Milestones Small Parts Ban (1979) effect in January 1995, required explicit he CPSC small parts ban prohibited choke hazard warning labels on all toys sale of toys or balls intended for chil- containing small parts intended for Tdren under 3 containing parts, or that children ages three to six, and the same could easily break into parts, smaller than warnings were required on balloons, small a small parts test cylinder. balls, and marbles. It also increased the size of banned small balls, as round objects The Child Safety Protection are especially dangerous choking hazards. Act of 1994 This legislation was a powerful first step towards safer toys. From 1980-1992, the Consumer Product Safety Commission (CPSC) and Congress did little to protect children from dangerous The Consumer Product Safety products. Throughout that period, PIRG Improvement Act of 2008 and other consumer groups lobbied In 2008, after a series of record-breaking Congress and the CPSC to increase the toy recalls—including millions of units size of the small parts choking hazard test of lead-laden brand name, iconic toys, and to require appropriate choke hazard Congress passed the Consumer Product warning labels on toys for older children. Safety Improvement Act (CPSIA), which A 1992 campaign led by ConnPIRG and a gave the CPSC broad new powers to speed number of child safety advocates resulted up recalls, hold toy manufacturers more in a choke hazard warning label law that accountable; the act also set stricter bans on took effect in Connecticut in 1993.

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