Trouble in Toyland The 29th Annual Survey of Safety TROUBLE IN TOYLAND

The 29th Annual Survey of Toy Safety

Written by:

Elizabeth Ridlington and Tom Van Heeke, Frontier Group

Ed Mierzwinski, U.S. PIRG Education Fund

November 2014 Acknowledgments

U.S. PIRG Education Fund thanks Rachel Weintraub, Legislative Director and Senior Counsel, Consumer Federation of America, and Nancy Cowles, Executive Director, Kids in Danger, for their review of drafts of this document, as well as their insights and suggestions. Thanks also to Tony Dutzik and Gideon Weissman of Frontier Group for editorial support. Special thanks to the Colston Warne program of Consumer Reports for supporting our work on consumer protection issues. Additional thanks to the Bauman Family Founda- tion and individual contributors for their generous support of our work on public health and toxics issues. The authors bear responsibility for any factual errors. Policy recommendations are those of U.S. PIRG Education Fund. 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. 2014 U.S. PIRG Education Fund. Some Rights Reserved. This work is licensed under a Creative Commons Attribution Non-Commercial No Derivatives 3.0 Unported License. To view the terms of this license, visit creativecommons.org/licenses/by-nc-nd/3.0. With public debate around important issues often dominated by special interests pursu- ing their own narrow agendas, U.S. PIRG Education Fund offers an independent voice that works on behalf of the public interest. U.S. PIRG Education Fund, a 501(c)(3) or- ganization, works to protect consumers and promote good government. We investigate problems, craft solutions, educate the public, and offer meaningful opportunities for civic participation. For more information about U.S. PIRG Education Fund or for additional copies of this report, please visit www.uspirgedfund.org. Frontier Group provides information and ideas to help citizens build a cleaner, healthier, fairer and more democratic America. We address issues that will define our nation’s course in the 21st century – from fracking to solar energy, global warming to transportation, clean water to clean elections. Our experts and writers deliver timely research and analysis that is accessible to the public, applying insights gleaned from a variety of disciplines to arrive at new ideas for solving pressing problems. For more information about Frontier Group, please visit www.frontiergroup.org.

Cover: shutterstock.com/Darren Brode Layout: To the Point Publications, www.tothepointpublications.com Table of Contents

Executive Summary ...... 4

Introduction ...... 7

Hazards in Toys ...... 8

Toxic Metals ...... 8 Lead ...... 8 Chromium ...... 9 ...... 10 Choking Hazards ...... 11 Small Parts ...... 11 Small Balls ...... 13 Balloons ...... 14 Magnets ...... 15 Batteries ...... 16 Excessive Noise ...... 17

Policy Recommendations ...... 19

Methodology ...... 21

Appendix 1 . Summary of Toy Hazards and Examples of Potentially Dangerous Toys ...... 22

Potentially Toxic Toys ...... 22 Potential Choking Hazards ...... 26 Magnetic Toys ...... 35 Potential Battery Hazards in Toys ...... 37

Appendix 2 . Reported Toy-Related Deaths, 2001-2012 ...... 38

Appendix 3 . CPSC Characteristics of Toys for Children under Three . . . . . 39.

Notes ...... 40 Executive Summary

or almost 30 years, U.S. PIRG Standards for toy safety are enforced Education Fund has conducted an by the Consumer Product Safety Com- Fannual survey of toy safety, which mission (CPSC). Safety standards include has led to an estimated 150 recalls and limits on toxics in children’s products, size other regulatory actions over the years, requirements for toys for small children, and has helped educate the public and warning labels about choking hazards, policymakers on the need for continued measures to keep magnets and batteries action to protect the health and wellbeing inaccessible, and noise limits. of children. Among the toys surveyed this year, U.S. PIRG Education Fund staff we found numerous choking hazards and examined hundreds of toys to con- five toys with concentrations of toxics firm that they are safe. We discov- exceeding federal standards. In addition ered that unsafe toys remain widely to reporting on potentially hazardous available. The problems we found products found in stores in 2014, this include: installment of the report describes the potential hazards in toys and children’s • Lead. Childhood exposure to even products. low levels of lead can undermine The continued presence of these development, damaging academic hazards in toys highlights the need for achievement and attentiveness. We constant vigilance on the part of govern- found unsafe levels of lead in one ment agencies and the public to ensure set of play sheriff and police badges. that children do not end up playing with (More details and photos of all unsafe unsafe toys. toys can be found in Appendix A.)

4 Trouble in Toyland 2014 • Chromium. Skin contact with Balloons are responsible for more chromium can cause severe allergic choking deaths among children than reactions including skin redness, any other toy or children’s product. swelling and ulcers. Chromium As in past years, we continue to find compounds are also known to cause balloons on store shelves marketed to cancer. This year, lab tests revealed children under eight. that a tambourine marketed to • Magnets. When two or more children ages two and older contained powerful magnets are swallowed, chromium at nearly 10 times the legal they can have fatal health conse- limit. quences as their attractive forces • Phthalates. Exposure to phthal- draw them together inside the body, ates at crucial stages of development perforating intestinal walls. Our may harm development of the male shoppers purchased small, high- reproductive system and is linked to powered magnets, despite their being early puberty. Lab tests confirmed recalled by the CPSC. that several items purchased by our • Batteries. When batteries are shoppers contained high levels of ingested, chemical reactions can banned phthalates. Those items burn through the esophagus and include a rubber duck, -covered blood vessels, causing fatal internal hairclips, and a Dora the Explorer bleeding. Our shoppers purchased a backpack. toy whale that contains batteries that • Small parts are pieces that might are accessible to small children and block a child’s airway. Children, are nearly small enough to consti- especially those under age three, can tute a choke hazard. The toy has choke on small parts. Our shoppers been recalled in Australia because purchased a set of foam blocks small children can easily remove the marketed to children two and up that batteries. contained multiple small parts that • Excessive noise. Excessive noise fit into a choke test cylinder. We also exposure can lead to hearing loss. identified multiple toys containing This is especially problematic for near-small parts, which are pieces young children: Hearing loss at that almost fit into the choke tube an early age has ramifications for and can be a choking hazard. speech development. This year, our • Small balls less than 1.75 inches in shoppers found toys that are loud, diameter represent a choke hazard for though not necessarily in violation of children three years old and younger. federal limits. We found small balls that were not labeled with the appropriate choke Despite recent progress in making toys hazard warning. We also remain safer, the findings of our 2014 investiga- concerned about other small, rounded tion, as well as recent recalls and legal toys, such as toy food, that present actions against importers, highlight the the same choke hazard as small balls need for continued attention to short- but are not labeled as a hazard. comings in existing standards and vigi- • Balloons are easily inhaled in lance on the part of the shopping public. attempts to inflate them and can To keep children safe from potentially become stuck in children’s throats. hazardous toys, there is still more to do.

Executive Summary 5 Policymakers should continue Parents can also take steps to pro- building upon recent progress in the tect children from potential hazards. strengthening of toy safety stan- We recommend that parents: dards. The CPSC should: • Shop with U.S. PIRG Education • Continue to vigorously enforce the Fund’s Toy Safety Tips, available at Consumer Product Safety Improve- toysafetytips.org. ment Act’s mandatory standards for • Examine toys carefully for hazards toys, including strict limits on lead before purchase – and don’t trust that and lead paint in any toys, jewelry or they are safe just because they are on other articles for children under 12 a store shelf. years; • Report unsafe toys or toy-related • Vigorously enforce the Consumer injuries to the CPSC at www.safer- Product Safety Improvement Act’s products.gov. permanent ban on the use of three specific phthalates in all toys and • Subscribe to government announce- children’s products; ments of recalled products at www. recalls.gov. • Upgrade the interim ban on three additional phthalates into a perma- • Remember, toys on our list are nent prohibition and expand it to presented as examples only. Other include additional phthalates; hazards may exist. • Enlarge the small parts test tube to For toys you already own: be more protective of children under • Remove small batteries if there is three; any question over their security or • Consider extending the standard for inaccessibility and keep them out of toys with spherical ends to apply to reach of children; toys intended for children under six • Remove batteries from or tape over years old instead of under four years; the speakers of toys you already own • Change the small-ball rule to include that are too loud; and small round or semi-round objects, • Put small parts, or toys broken into and not just “balls” in the strictest small parts, out of reach. Regularly definition, since these toys pose the check that toys appropriate for your same hazards as small balls (this is older children are not left within especially true of rounded toy food, reach of children who still put things since it is “intended” to be eaten); in their mouths. • Enforce the use of the United States’ statutory choke hazard warning label; • Continue to enforce CPSC rules requiring online warning labels; and • Fully enforce sound and battery standards.

6 Trouble in Toyland 2014 Introduction

n June 2014, a judge in California or- Nonetheless, the reality is that toys dered four California-based companies that present a potential hazard to chil- Ito stop importing, selling and distrib- dren continue to make it onto store uting children’s toys. The injunction was shelves and into homes across America. issued in response to allegations that the The recall of more than 11 million companies were operating in violation toys in 2013 demonstrates the need of federal consumer protection laws by for constant vigilance on the part of knowingly importing toys containing government agencies and the public to illegal levels of lead, phthalates or small ensure that unsafe products do not slip parts that present a choking hazard.1 through the net.3 To help consumers In November 2014, the Consumer identify potentially harmful products Product Safety Commission announced and make informed decisions about that McDonald’s was recalling 2.3 mil- what is or is not safe for their children, lion Hello Kitty whistles given away with U.S. PIRG Education Fund conducts Happy Meals.2 Portions of the whistle an annual study of toys. can detach, creating a choke hazard. Sev- This year’s report is our 29th eral children were injured by the whistles. annual study of the American toy Despite consumer protection laws, market and its potential dangers for companies continue to produce and im- children. It provides a rundown of port toys that potentially present a hazard key requirements toys must meet to for children, putting them at risk of in- comply with our nation’s consumer jury or even death. As the examples above protection laws, an examination of illustrate, in some cases manufacturers products currently available on the recall their products when it becomes market and their shortcomings and clear they are faulty, or the court system hazards, and policy recommenda- halts the flow of potentially unsafe toys tions that build on the strides made by enforcing consumer protection laws by the CPSIA to continue improving such as the Consumer Product Safety the toy safety landscape and protect Improvement Act (CPSIA). America’s youngest consumers.

Introduction 7 Hazards in Toys

espite progress in recent years, Lead some toys and children’s products Dstill have the potential to cause Elemental lead is a soft metal occur- harm. Depending on the materials used ring naturally in soils and rocks. It has a and the quality and nature of the prod- variety of commercial uses including in uct itself, the risks for children posed batteries, and radiation shield- ing. In the past, lead was also added to by toys and other products range from 4 choking on small parts to suffering dan- gasoline and paint. Because of lead’s gerous chemical reactions in the body. toxicity, lead was banned in household In extreme cases, the consequences can paint, in products marketed to children, and in dishes and cookware in the United be fatal. This section describes the most 5 common potential hazards for children, States in 1978. Lead is not discernible by the federal standards relevant to each sight or smell. hazard, and toys we found that violate Lead exposure is particularly damag- these standards. ing for young children because of its impact on development. Even low levels of lead in blood have been shown to un- Toxic Metals dermine IQ, attentiveness and academic Despite national laws such as the Con- achievement. The Centers for Disease sumer Product Safety Improvement Act Control and Prevention (CDC) makes of 2008 (CPSIA) and stronger enforce- clear that any amount of lead in a child’s ment by the Consumer Product Safety blood is unsafe.6 Commission (CPSC), toys containing Moreover, because the effects of lead metals that pose a health risk to children exposure cannot be reversed, it is espe- continue to make it onto American store cially important to prevent lead exposure shelves. Our tests this year identified toys to children in the first place. Unfortu- containing lead and chromium. nately, toys can pose a risk in part because

8 Trouble in Toyland 2014 lead is used in other countries and can be Note that these limits do not meet the found in imported products.7 recommendations of the American Acad- Additionally, lead may be incorporated emy of Pediatrics (AAP), which recom- into plastic.8 Lead is used to soften plas- mends that all products intended for use tic and make it more flexible, but when by children contain no more than trace the plastic is exposed to sunlight, air or amounts of lead, defined as 40 ppm, the detergents, the chemical bond between high end of typical lead concentrations the lead and plastic breaks down, forming in uncontaminated soil.15 lead dust. Children can inhale or come in contact with this dust when they put Toy Survey Findings: Lead toys in or near their mouths.9 This year, our lab tests revealed Lead in toys continues to be an issue. excessive levels of lead in one product. As recently as June 2014, a court ordered Two of the four badges in a package several California-based companies to of toy sheriff and police badges halt the importation of toys shown to contained at least 110 ppm of lead in contain illegal levels of lead.10 The 2011 their coatings, above the 90 ppm limit installment of this report found books for coatings. (See Appendix 1 for more marketed to toddlers exceeding lead details.) limits, and in January 2012 the CPSC recalled 7,000 packages of Mexican wres- tling action figures for having too much Chromium lead in the surface paint.11 Chromium is a naturally occurring element found in plants, animals and Federal Standards for Lead soil. One of its common forms is used in the production of stainless steel. • With a few exceptions, federal law Other forms of chromium, known as requires that all children’s products chromium(III) and chromium(VI), are manufactured after August 2011 used in chrome plating, dyes and pig- contain no more than 100 parts per ments, and leather tanning. million (ppm) of total lead content While chromium(III) is an essen- 12 in all accessible parts. The CPSC tial nutrient with important value for defines accessible parts as parts that the human body, chromium(VI) is a child could reach through “normal potentially harmful even at relatively and reasonably foreseeable use and low concentrations. Skin contact can 13 abuse of the product.” cause severe allergic reactions includ- • Paint or similar surface coatings on ing skin redness, swelling and ulcers. all children’s products are subject Chromium(VI) compounds are also to a limit of 90 ppm of total lead. known to cause cancer, either in the (Household paints are also subject to lungs after inhalation or in the stomach this rule.) after ingestion.16 Dyed or pigmented toys and chil- • Exceptions to these standards dren’s jewelry represent the most likely include metal components of source of harmful chromium exposure bicycles, which cannot contain more for children. A 2012 study by The Ecol- than 300 ppm of lead. Components ogy Center found chromium in over 90 in electronic devices, some used percent of the 99 children’s and adult’s children’s products, inaccessible jewelry pieces purchased from main- parts and other items are exempt stream retailers.17 from the lead standard.14

Hazards in Toys 9 Federal Standards for Chromium Federal Standards for Phthalates Chromium is subject to a limit in toy • The CPSIA banned three types of surface coatings and parts, after being phthalates (DEHP, DBP and BBP) at dissolved in acid, of 60 ppm.18 This ap- levels greater than 1,000 ppm in the plies regardless of the form of chromium plasticized parts of child care articles in the product.19 and toys. • The law also established an interim Toy Survey Findings: Chromium ban on three other types of phthal- This year, lab tests revealed high levels ates (DINP, DIDP and DnOP) of chromium in a tambourine marketed at levels greater than 1,000 ppm for children for ages two and up. The in plasticized parts of child care cymbals on a Jake and the Neverland articles and children’s toys that can Pirates-themed tambourine contained be placed in a child’s mouth.25 The 580 ppm of soluble migrated chromium, ban is in effect while the CPSC nearly 10 times the limit of 60 ppm. studies these phthalates.26 Inacces- sible parts of toys are not subject to Phthalates the ban. Phthalates are a group of chemicals used to soften and increase the flexibility In July 2014, a group of scientists ap- of plastics like polyvinyl chloride (PVC), pointed by the CPSC to a Chronic Haz- which is brittle in its original formula- ard Advisory Panel on Phthalates and tion. The plastics industry uses large Alternatives released recom- amounts of phthalates in products such mendations for how the CPSC should as home siding, flooring, furniture, food proceed regarding phthalates covered packaging, clothing and toys. Phthalates by the interim ban, and phthalates in are also commonly used in industrial general. The panel recommended that products like solvents, lubricants, glue, the interim ban be lifted on two phthal- paint, sealants, insecticides, detergent ates and that DINP be permanently and ink.20 banned. In addition, the panel advised Research has documented the poten- the CPSC to add four other phthalates tial damage of exposure to phthalates at (DIBP, DPENP, DHEXP and DCHP) 27 crucial stages of development, including to its permanent ban. The CPSC is altered development of the male repro- reviewing these recommendations. ductive system and early puberty.21 At least one type of phthalate is suspected Toy Survey Findings: Phthalates of causing cancer.22 We found phthalates in three chil- Some retailers, such as national super- dren’s products this year. The plastic store brand Target, have taken action to covering on hairclips in a Hello Kitty eliminate PVC – and thus phthalates – bracelet and hairclip accessories set from store-brand children’s products.23 contained 5,100 ppm of DEHP, a A number of other major retailers, phthalate that is banned at levels higher such as Walgreens, have not done so. than 1,000 ppm. A rubber duck printed A 2014 investigation by The Ecology with a leopard pattern contained 1,400 Center found high concentrations of ppm of DINP, a phthalate currently regulated phthalates in 13 vinyl prod- subject to the interim ban and recom- ucts purchased at Walgreens locations mended for inclusion in the permanent in Michigan.24 ban.

10 Trouble in Toyland 2014 We found two phthalates in the Figure 1. Choke Test Cylinder decorative plastic panel on a Dora the Explorer backpack. The plastic contained 200,000 ppm of DEHP, which is banned in children’s products above 1,000 ppm, and also contained 3,000 ppm of DINP, subject to the interim ban and recom- mended for a permanent ban. Because the backpack may not be considered a toy or a child care product, it may not be subject to the phthalates standards. However, children handle such products extensively and U.S. PIRG Education Fund believes they should be subject to the CPSIA’s phthalates standards. Choking Hazards Small parts in toys, small balls and balloons all present a potential choking hazard. Choking is the leading form of toy-related deaths. From 2001 to 2012, 96 children died from choking on or asphyxi- ation by a play item.28 (See Appendix 2.)

If a toy or part of a toy – including any Small Parts part that breaks off or separates during Toys containing small parts – for “use and abuse” testing – fits inside the example, a miniature comb for a ’s test cylinder, the product constitutes a hair or small, interlocking construction choking hazard.30 blocks – may present a choking hazard for children, especially those under the Federal Standards for Small Parts age of three. Younger children are at a stage of childhood development in which • Federal law bans the sale of toys mouthing or biting objects is common, containing small parts if the toy is increasing the risk that a small toy or intended for use by children under component will get lodged in the wind- the age of three. pipe. From 2001 to 2012, the most recent • Toys with small parts intended for year for which data are available, small children between the ages of three parts caused 23 deaths.29 and six years old must include the The CPSC defines a “small part” as following explicit choke hazard anything that fits inside an official choke warning:31 test cylinder, which has an interior diam- eter of 1.25 inches and a slanted bottom with a depth ranging from 1 to 2.25 inches (see Figure 1). This cylinder is the approximate size of the fully expanded throat of a child under the age of three.

Hazards in Toys 11 • Marbles or toys containing marbles, parts. The Edushape Textured Colored as well as vending machines or toy Blocks are labeled for children ages two bins selling products that may pose a and older.37 However, the set of 80 foam choking hazard, are also required to pieces may include several semi-circles post explicit warnings.32 that fit entirely into a choke test cylinder and thus are a choke hazard for small children. Several customers who pur- chased this foam block set from Amazon have commented that the smallest pieces pose a choke hazard to young children.38 (Not all the Edushape sets we purchased The CPSC uses several factors to contained these small pieces, though determine whether a toy is intended for the packages were identical from the children under three years old, includ- outside.) ing the manufacturer’s stated intent; age Our shoppers identified a number of labeling on the product; the advertising toys for children between ages three and and marketing of the product; and if the six years that contain small parts or break toy is “commonly recognized” as being into small parts, yet lack a warning label. intended for a child under three years Small parts are acceptable in toys for chil- old.33 Examples of such products include dren this age, provided the toy includes squeeze toys; teething toys or articles a choke hazard warning. We purchased that are affixed to a crib, stroller, play- an 18-inch tall “Our Generation” doll pen or baby carriage; pull and push toys; named Sydney Lee that included a very bathtub, wading pool and sand toys; and small yo-yo that is a choke hazard. The stuffed animals.34 (See Appendix 3 for a packaging lacks the CPSC-required list of characteristics of toys for children warning label discussed above. It does under three.) have a European warning label that is A number of items, such as crayons, smaller and not as prominently displayed chalk, modeling clay and finger paints are as the CPSC label would be. The manu- exempt from the small parts regulation facturer’s use of a warning label other because they cannot be manufactured than the CPSC’s is potentially misleading in a way that would prevent them from to parents who may be looking for the breaking into small parts when subjected standard label and not reading the fine to “use and abuse” testing. Children’s print of the European label. clothing and accessories such as shoe lace Based on a tip from a concerned holders, diaper pins and barrettes are also parent, we found a Disney Junior Doc exempt because they need to be small McStuffins Figurine Playset that breaks to perform their intended purpose.35 readily, creating small parts. The playset, Though fabric, yarn, elastic and string marketed for children ages three and up may fit in the choke test cylinder, they and labeled with a non-standard choke are exempt because they are unlikely to hazard warning, contains six figures from pose a choking hazard.36 the popular Doc McStuffins television show. The intact figurines do not con- Toy Survey Findings: Small Parts tain small parts. However, we were able In this year’s survey, we found one toy to break the Doc McStuffins figurine marketed to children under three that loose from her base, creating a small contains a small part. Toys for children part. Multiple reviewers of this product under three should not include small on both Amazon.com and the Disney

12 Trouble in Toyland 2014 Store online reported that the heads of spherical ovoid, or ellipsoidal shape that the figurines came off while being played is designated or intended to be used as with by children.39 We were not able to a ball.41 As with small parts, the risk is replicate this flaw, but it is clear that the particularly great for young children heads of some of the figurines would inclined to put objects in or near their constitute a small part. Toys that are mouths. Between 2001 and 2012, the marketed to children between ages three most recent year for which data are avail- and six years must contain a correct small able, small balls were responsible for 35 parts warning label if they can break into choking fatalities in children reported to small parts. the CPSC.42 Our shoppers identified several other U.S. PIRG Education Fund believes toys that contain or break into small that small balls are not the only round parts, but do not have a warning label. toy that are a choke hazard. We recom- Those toys included a beaded headband, mend that all round, ball-shaped toys party favors and a bathtub toy. pass not just the small parts test but the A third category of choking hazards small ball test, too. Any small, rounded that we found are near-small parts. We toy, such as items found in toy food sets, purchased several toys that contain near- can choke a child. small parts – toys just barely bigger than a choke test cylinder. These toys techni- Federal Standards for Small Balls cally meet safety standards and do not • Balls with a diameter of less than require any choke hazard warning labels. 1.75 inches (as opposed to small Our findings include a Disney-licensed parts which must fit into a cylinder Piglet figurine that fits in a choke cylin- 1.25 inches across) are banned for der except for its toes, and an expanding children younger than three years of Mega Gro-Bot that fits in a choke tube age.43 Toys that are spherical or have if its arms are squeezed in slightly. (If spherical parts, but are not intended the Gro-Bot expands in water as much for use as a ball, do not have to meet as the package promises – “up to 600%” this standard. – then it may present another hazard, too, by growing dangerously large if • Any small ball intended for children swallowed by a child. In 2013, the CPSC over the age of three must include recalled water-absorbing polymer balls the following warning:44 that created an abdominal obstruction if swallowed.40)

Small Balls Since 1994, federal law has treated small balls in toys as a distinct choking • A toy or game containing a small hazard from small parts, one that is sub- ball and intended for children ject to more stringent standards. The law between ages three and eight must defines a ball as “any spherical, ovoid, or include this warning:45 ellipsoidal object designed or intended to be thrown, hit, kicked, rolled, dropped, or bounced.” In addition, the term “ball” includes any multisided object formed by connecting planes into a generally

Hazards in Toys 13 Toy Survey Findings: Small Balls journal Pediatrics provides an example of Our shoppers found several examples how likely children are to put food-like in 2014 of small balls for sale that were objects in their mouths. More than 13,000 not properly labeled. For example, at a children under the age of six ate brightly boutique toy store we found bins full of colored small packets (or “pods”) of laun- small super bouncy balls that lacked any dry detergent over a 14-month period in warning label on the bin. (Even items 2012 and 2013, and approximately one- sold in bins must be labeled.) The balls fit third of those children required medical easily in the choke tube. They should be treatment.46 To small children, these marked with a warning that they are not “pods” may have looked more like candy suitable for children under age three, and than cleaning supplies. that they present a choke hazard. At another store, we found what ini- Balloons tially appeared to be a miniature baseball. Balloons pose the most serious choking Upon closer inspection, it turned out hazard to children in the United States. to be a washrag tightly compressed and They are responsible for more childhood shrink-wrapped into a baseball shape that deaths by suffocation than any other prod- expands when soaked in water. Labeled uct. Children can suffocate on balloons by a “Home Run! Baseball Magic Towel,” accidentally inhaling while attempting to it is a ball with play appeal to a young inflate them, by inhaling uninflated bal- child. It is marked for “ages 3+” and has loons while sucking or chewing on them, a diameter less than 1.75 inches. Thus, or by inhaling pieces of broken balloons.47 it should have a warning that it is not Between 2001 and 2012, the most recent suitable for children under 3 and that it year for which data are available, ap- is a choke hazard. Another washrag in proximately 40 percent of all toy-related this series wrapped as a football similarly choking fatalities reported to the CPSC lacks a label. Because the packaging lacks involved balloons.48 Because balloons are a choke hazard label and is labeled “ages intended for older children, and because 3+,” the product fails to provide parents of the risks inherent in inflating them, with the appropriate guidance. balloons present a serious choking hazard Toy Survey Findings: Ball-like Toys for children significantly older than the typical at-risk population for small parts As in past years, we found ball-like toys and balls. that are larger than the choke test cylinder but small enough that they are the size of a Federal Standards for Balloons small ball. For example, this year we pur- Balloon packages must display an ex- chased a Just Kidz Shopping Cart Playset plicit choke hazard warning. Due to the that contained several ball-like items that risk balloons pose even to older children, would require a warning label if they were the warning must explain that the hazard balls. The lemon and eggs in the toy set applies to children younger than eight.49 are larger than the choke test cylinder – The required label is: and, therefore, technically in compliance with the law – but are small enough to fit through the small ball tester. Children are particularly likely to put toy food in their mouths, and thus small, ball-like food objects are a concern. A recent study in the

14 Trouble in Toyland 2014 Toy Survey Findings: Balloons imitate facial or tongue piercings, thus All the balloon packages we inspected putting magnets in a position to be ac- 52 in stores included the required warning cidentally inhaled or swallowed. label, complete with language warning Once in the digestive system, a single that children under eight can choke on magnet may pass through the body balloons and balloon parts. However without incident. If two or more magnets we found balloons marketed to children are swallowed, however, their attractive under eight, such as with a second label forces can pull them toward each other, indicating that the product is for children causing obstructions or pinching or trap- ages three and older or with conflicting ping intestinal walls or other digestive 53 small parts and balloon warning labels. tissue. In extreme cases, the magnetic attraction can perforate intestinal walls. In 2013, a 19-month old girl died after Magnets seven small magnetic balls perforated her Small, powerful magnets that rose to bowel, leading to infection.54 popularity in the mid- to late 2000s have Even non-fatal magnet-related in- the potential to cause serious injury and juries are severe. Nearly 80 percent of even death due to complications arising high-powered magnet ingestions require from ingestion. These rare-earth magnets invasive medical intervention, either are much more powerful than refrigerator through an endoscopy, surgery or both. magnets. Such magnets are used in various In comparison, only 10 to 20 percent of types of toys including construction sets, other foreign body ingestions require puzzles, toy jewelry, action figures, board endoscopic intervention and almost none games and train sets. require surgery.55 They are also common in novelty Between 2009 and 2013, the CPSC items containing hundreds of small estimates that high-powered magnets magnetic pieces and marketed at adults caused approximately 2,900 emergency as sculpture kits, desk toys or stress re- room-treated injuries.56 A recently pub- lievers.50 “Buckyballs” – the subject of a lished study of magnet-caused injuries recall ordered by the CPSC – are perhaps at one large pediatric hospital found a the most well-known example of such a significant increase in their incidence product, with hundreds of small, spheri- between 2002 and 2012.57 cal magnets, each smaller than a marble. Despite being marketed as a desk toy for Federal Standards for Magnets adults, incidents reported to the CPSC • In late September 2014, the CPSC made clear that children were nonetheless adopted a new rule that powerful suffering serious injury after swallow- magnets, whether sold in sets or ing these magnets, highlighting the risk individually, must be too large to fit posed by adult novelty items even with into the official small parts cylin- 51 appropriate warning labels. der used by the CPSC to deter- What makes these adult magnet sets mine choke hazards (see “Choking so dangerous is that their numerous Hazards” section). Magnets that fit magnets are easy to lose track of and the into a choke tube and that exceed the products themselves are inherently ap- CPSC’s magnetic flux standards are pealing to children. While very young banned for sale. The ban on small, children may mistake component mag- high-powered magnet sets takes nets for candy, older children and young effect on April 1, 2015.58 (Effectively adolescents may use pairs of magnets to

Hazards in Toys 15 it is in place now, because all but one a novelty “finger-fidget” toy, marketed brand of these magnet sets have been to children ages “8+.” They are smooth recalled.) and shiny and striking them together causes them to vibrate and produce a • The separate ASTM F963 standard singing sound, making them appealing to for toys bans loose magnets or children. They are also powerful enough magnetic components in toys for to attach through human tissue (even as children under the age of 14. There thick as a hand). While we believe these is an exception for magnets included magnets do not technically violate any in certain “hobby, craft, and science standards, we include them because their kit-type items” intended for children near-small parts size is a concern, and age eight and older, provided the the CPSC notes that there have been products comply with special magnet gastroenterological injuries associated hazard disclosure requirements.59 with similar ellipsoid magnets.63 They illustrate the need to increase the size The severity of injuries caused by of the choke tube, since these toys are small, high-powered magnets led to the shaped so much like a throat. CPSC’s ban. In 2012 the CPSC sued several manufacturers of small, power- ful magnets to stop the distribution of Batteries Buckyballs and similar products. The Batteries are commonly used in toys lawsuits argued that warning labels had and other household products, and cylin- been ineffective in preventing injuries drical batteries (such as “AA” or “AAA” to children. All but one of the manu- batteries) have long posed a choking facturers had settled with the CPSC by hazard. But as so-called “button” bat- the summer of 2014 and agreed to recall teries – the size of a nickel or smaller 60 The CPSC subsequently their products. – have become more common and more issued its ban on all similar products powerful, the risks of battery ingestion because of the risk of injury and death have increased.64 they present. While most cases of button battery ingestion cause relatively little harm Toy Survey Findings: Dangerous because the battery passes through the Magnets body, if a battery becomes lodged in Despite the CPSC’s summer 2014 re- the esophagus its interaction with sa- call of small, high-powered magnets, we liva can cause a chemical reaction that were able to purchase several sets online. burns through the throat.65 The reaction We purchased Buckyballs manufactured can continue causing damage to tissue by Maxfield and Oberton from a seller in even after the battery is removed.66 In China who shipped to the U.S., despite worst-case scenarios, the chemical reac- the fact that it is illegal for anybody to tion burns through blood vessel walls, sell or import this product into the U.S.61 causing internal bleeding that can lead We also bought a set of small, powerful to death.67 CPSC data show 13 battery- magnets from Zen Magnets, which is related deaths between 2002 and 2010. fighting the CPSC’s efforts to force a Twelve of these cases involved button recall of the company’s products.62 batteries.68 As we did last year, we also found el- Battery-related injuries have become lipsoid Sizzlers magnets that nearly fit in more common in the past decade. The the small parts cylinder. They are sold as Centers for Disease Control and Pre-

16 Trouble in Toyland 2014 vention (CDC) estimates that 4,800 Excessive Noise children under the age of 13 were Excessive noise can be harmful, dam- treated in hospitals for battery-related aging the inner ear and causing hearing injuries in 2010, compared to an esti- loss. Sounds can cause harm by being too mated 1,900 incidents in 1998. Between loud even for a short period of time, or by 1997 and 2010, button batteries were being loud over an extended timeframe. implicated in approximately six in 10 Hearing loss from excessive noise ex- injuries where the battery type was posure is common in the U.S., even for identified. Battery sources included toys the young. Sixteen percent of teens aged and light-up jewelry, as well as common 12 to 19 have some self-reported hear- household items like remote controls ing loss for which loud noise could be and watches.69 responsible.72 A 1998 study of children in Federal Standards for Batteries a wider age range found approximately 15 percent of children between the ages of • In toys intended for children under six and 17 showed signs of hearing loss.73 three years of age, all batteries must Excessive noise in toys is of concern be inaccessible without the use of a because children have the most to lose common household tool such as a from hearing loss. Loss of hearing at an screwdriver or coin. early age can affect a child’s ability to learn vocabulary, grammar, idiomatic • All toys, regardless of target expressions and other aspects of verbal audience, with batteries that fit in the communication.74 This could have conse- small parts cylinder (AAA size and quences for their educational attainment smaller) must be similarly inacces- and social and professional success later sible. Testing procedures require in life. that batteries are inaccessible before and after “use and abuse” testing, with the important implication that Federal Standards for Noise Levels a toy’s batteries must be inaccessible Noise standards have improved in upon purchase and remain so during recent years. Toy manufacturers were typical play conditions.70 not required to follow sound standard guidelines until 2009 when federal law Toy Survey Findings: Battery gave the CPSC authority to enforce vol- Hazards untary standards contained in the com- prehensive ASTM F963 toy standard.75 We purchased a Cherubic Cetacean bath toy with a battery compartment eas- • Hand-held, tabletop, floor and crib ily opened by a child. The AA batteries, toys producing continuous sound which almost fit in the choke tube, cre- cannot do so in excess of 85 decibels ate a near-small part. The toy has been when measured from approximately recalled in Australia because the batteries 20 inches.76 71 are accessible without the use of a tool. • Close-to-the-ear toys must adhere In addition, under mild abuse it broke to a continuous sound limit of into small parts that fit into the choke 65 decibels when measured from tube, and it does not have the CPSC approximately 20 inches. warning label.

Hazards in Toys 17 • Close-to-the-ear toys are subject to a limit of 96 decibels for bursts of noise when measured from approxi- mately 20 inches. • All other toys are subject to a limit of 115 decibels for bursts of noise, except toys using an explosive action or percussion cap, which are limited to 125 decibels. As with all sound standards, these are noise levels as measured at approximately 20 inches.

Toy Survey Findings: Loud Toys This year, our shoppers found toys that are loud, though not necessarily in violation of federal limits. Noise stan- dards in ASTM F963 were revised in 2011, and as a result noise levels in toys have improved. Nevertheless, U.S. PIRG Education Fund believes that the stan- dards are too weak and should undergo further review by the CPSC. As the Sight & Hearing Association points out, the distance at which toy volumes are tested for compliance with federal standards is longer than a child’s reach.77 The stan- dard either should be updated to lower volumes, or the testing procedure should be changed to better represent how close children hold toys to their ears.

18 Trouble in Toyland 2014 Policy Recommendations

ith the release of this year’s • Continue to vigorously enforce the report, there is reason to be op- CPSIA’s mandatory standards for Wtimistic. As earlier sections in toys, including strong limits on lead this report document, toy safety standards and lead paint in any toys, jewelry have improved in recent years and, with or other articles for children under the passage of the Consumer Product 12 years. Lead-tainted children’s Safety Improvement Act (CPSIA), the products should never end up on United States has made many formerly store shelves or in the home. voluntary toy safety standards mandatory. Nonetheless, the findings of our 2014 • Vigorously enforce the CPSIA’s exist- investigation, as well as recent recalls and ing permanent ban on the use of legal action against importers, highlight three specific phthalates in all toys the need for continued progress in poli- and children’s products and continue cymaking and enforcement of existing to monitor the use of phthalates in standards, and vigilance on the part of inaccessible components of children’s the shopping public. To keep our children toys and products. safe from potentially hazardous toys, there is still more to do. • Upgrade the interim ban on three additional phthalates into a perma- nent prohibition. Expand the list of Recommendations for banned phthalates to include the four Policymakers additional ones recommended by To continue building upon recent the recent Chronic Hazard Advisory progress in the strengthening of toy safety Panel on Phthalates and Phthalate standards, the Consumer Product Safety Alternatives. Commission (CPSC) should:

Policy Recommendations 19 • Enlarge the small parts test tube to • Become familiar with the typical be more protective of children under dimensions of an official small part three. or ball. Small parts less than 1.25 inches across and up to 2.25 inches • Extend the standard for toys with long and small balls that fit in a toilet spherical ends to apply to toys intended paper roll pose a potential choke for children under six years old instead hazard for children three years of age of under four years. or younger.

• Change the small-ball rule to include • Recognize that if a toy seems too small round or semi-round objects, and loud for you, then it is probably too not just “balls” in the strictest defini- loud for your child. tion. • Check that batteries are inaccessible • Enforce the use of the United States’ upon purchase and will remain so statutory choke hazard warning label during use. and ensure that all manufacturers are making potential hazards clear for • Report unsafe toys or toy-related parents by consistently labelling their injuries to the CPSC at www.cpsc. products in accordance with United gov or www.saferproducts.gov, or call States standards. the CPSC at 1-800-638-2772.

• Continue to enforce CPSC rules For toys you already own: requiring online warning labels; and • Remove small batteries if there is • Fully enforce sound and battery any question over their security or standards. inaccessibility, and keep them out of reach of children. Recommendations for Parents • Remove batteries or put tape over the speakers of toys you already own Though the toy industry has made prog- that are too loud. ress in recent years and toys continue to become safer, parents should remain vigi- • Put small parts, or toys broken into lant when shopping for toys and assessing small parts, out of reach. Regularly toys already at home. To protect children check that toys appropriate for older from potential hazards, we recommend that children are not left within reach of parents: children who still put things in their • Shop with U.S. PIRG’s Toy Safety Tips mouths. If a product you own breaks available at the U.S. PIRG Education and becomes unsafe, report the Fund website, toysafetytips.org. problem to www.saferproducts.gov.

• Examine toys carefully for potential dangers before making a purchase. The CPSC does not test all toys, and not all toys on store shelves necessarily meet CPSC standards. The toys included in this report are presented as examples only. Other hazards may exist.

20 Trouble in Toyland 2014 Methodology

e examined toys and children’s 2. a toy containing small parts or small jewelry from major toy retail- balls but intended for children under Wers, drug stores, boutique toy three; stores, party supply stores, dollar stores 3. a toy containing small parts or small and other stores selling toys. We pur- balls and intended for children over chased several hundred toys for further three, but lacking the statutory choke examination for choke hazards, toxic hazard warning or having a choke contamination or excessive noise. hazard warning that is obscured or Toys and children’s products sus- too small; pected of lead, chromium or phthal- ates: We screened potential toxic toys 4. a toy intended for children under six with an XRF analyzer provided by that lacks the statutory choke hazard Coming Clean. Based on those results, warning and appears to fail the “use we sent a limited number of items to and abuse” test, breaking easily into STAT Analysis Corporation in Chicago, small parts that fit in the choke tube; a CPSC-accredited laboratory, for test- or 78 ing. 5. a toy containing near-small parts, STAT Analysis tested for total lead which are slightly larger than the levels in surface coatings using CPSC choke test cylinder but may pose test method CPSC-CH-E1003-09.1. similar hazards. Chromium was tested using the method specified in ASTM F963-11 section We used a choke test cylinder and a 8.3.4.3. For phthalates, STAT Analysis small ball tester to assess toys. We relied followed test procedure CPSC-CH- on labeling guidelines in ASTM F963- C1001-09.3. 11 to assess compliance with labeling Choking hazards: We examined toys standards. For determining the age of for potential choking hazards, looking children to whom a particular toy is for the following problems: marketed, we used Consumer Product Safety Commission, Age Determination 1. a toy labeled for children under Guidelines: Relating Children’s Ages to Toy three containing small parts or Characteristics and Play Behavior, Septem- breaking easily into small parts; ber 2002.

Methodology 21 Appendix 1. Summary of Toy Hazards and Examples of Potentially Dangerous Toys

Potentially Toxic Toys Federal Standards for Lead and Chromium • With a few exceptions, federal law requires that all children’s products manufac- tured after August 2011 contain no more than 100 parts per million (ppm) of total lead content in all accessible parts.

• Paint or similar surface coatings on all children’s products are subject to a limit of 90 ppm of total lead.

• Chromium is subject to a limit in toy surface coatings and parts, after being dissolved in acid, of 60 ppm. This applies regardless of the form of chromium in the product.

22 Trouble in Toyland 2014 Examples of Toys Containing Lead or Chromium

Product Name Badge Playset (star and round badge)

Label on Toy 3+

Type of Hazard Lead

Why Toy Is a The sheriff’s star and the “special police” badge Potential Hazard contain lead above the legal coatings limit of 90 ppm, both measuring above 110 ppm.

Manufacturer/ Greenbrier International Distributor

Item # (if 186445-16750-004-1306 known)

Store Dollar Tree

Price Paid $1

Product Name Jake and the Neverland Pirates tambourine

Label on Toy 2+

Type of Hazard Chromium

Why Toy Is a The metal cymbals contain 580 ppm Potential Hazard chromium, above the standard of 60 ppm.

Manufacturer/ Greenbrier International Distributor

Item # (if known) 187254-23285-015-1403

Store Dollar Tree

Price Paid $1

Appendix 1 23 Federal Standards for Phthalates • The CPSIA banned three types of phthalates (DEHP, DBP and BBP) at levels greater than 1,000 ppm in the plasticized parts of child care articles and toys.

• The law also established an interim ban on three other types of phthalates (DINP, DIDP and DnOP) at levels greater than 1,000 ppm in plasticized parts of child care articles and children’s toys that can be placed in a child’s mouth. The ban is in effect while the CPSC studies these phthalates. Inaccessible parts of toys are not subject to the ban.

Examples of Toys Containing Phthalates

Product Name Hello Kitty Bracelet and Hair Clips Accessory Set

Label on Toy 3+

Type of Hazard Phthalate

Why Toy Is a Potential Hazard The plastic covering the hairclips contains 5,100 ppm of the phthalate DEHP, above the legal limit of 1,000 ppm.

Manufacturer/Distributor H.E.R. Accessories/Joann Stores Inc.

Item # (if known) 1342-8966

Store Jo-Ann Fabric & Craft Stores

Price Paid $3

24 Trouble in Toyland 2014 Product Name Leopard pattern rubber duck

Label on Toy None

Type of Hazard Phthalate

Why Toy Is a Potential The duck contains 1,400 ppm of the phthalate DINP, above the legal Hazard limit of 1,000 ppm.

Manufacturer/Distributor Infantino

Item # (if known) Had no label

Store Walmart

Price Paid $0.97

Product Name Dora the Explorer backpack

Label on Toy 3+

Type of Hazard Phthalate

Why Toy Is a Potential The plastic portion of the backpack contains 200,000 ppm of the Hazard phthalate DEHP and 3,000 ppm DINP, both of which are banned above 1,000 ppm. The backpack may not be considered a toy and therefore may be exempt from the standard. However, U.S. PIRG Education Fund believes that all children’s products should be held to a standard that keeps children safe.

Manufacturer/Distributor FAB Starpoint

Item # (if known) k56684-AN-012411

Store Walgreens

Price Paid $4.99

Appendix 1 25 Potential Choking Hazards Federal Standards for Choking Hazards • Federal law bans the sale of toys containing small parts or that easily break into small parts if the toy is intended for use by children under the age of three.

• Toys with small parts intended for children between the ages of three and six years old must include an explicit choke hazard warning.

• Any small ball or toy that contains a small ball must meet a stricter safety test than small parts and include an explicit choke hazard warning.

• Marbles or toys containing marbles, as well as vending machines or toy bins selling products that may pose a choking hazard, are also required to post explicit warnings.

• Balloon packages must display an explicit choke hazard warning about the dangers of uninflated or broken balloons to children younger than eight.

Examples of Toys that Pose Potential Choking Hazards

Choking Hazards: Small Parts

Product Name Edushape 80 Pieces Textured Blocks

Label on Toy 2+

Type of Hazard Choking

Why Toy Is a The smallest semi-circular foam blocks in this set Potential Hazard fit into the choke test cylinder. (Not every set we purchased contained these small parts.) Small parts are not allowed in toys for children under 3.

Manufacturer/ Edushape Distributor

Item # (if known) Cat. No. 716080

Store We purchased sets with small parts from both a boutique toy store and Amazon.

Price Paid $34.99

26 Trouble in Toyland 2014 Choking Hazards: Small Part Label Violations

Product Name Our Generation: Sydney Lee and “Stars in Your Eyes”

Label on Toy Non-standard choke hazard warning; 3+

Type of Hazard Choking

Why Toy Is a Potential The yo-yo included with the doll fits into the choke Hazard test cylinder. It should have a CPSC small parts warning label, as required for toys with small parts and intended for children ages 3 to 5.

Manufacturer/ Maison Joseph Battat Distributor

Item # (if known) 086090130

Store Target

Price Paid $31

Product Name Disney Junior Doc McStuffins Figurine Playset

Label on Toy Non-standard choke hazard warning; 3+

Type of Potential Hazard Choking

Why Toy Is a Potential The figurines can be broken off their bases, creating small parts that Hazard fit into the choke test cylinder. The toy should have a CPSC small parts warning label, as required for toys containing small parts and intended for children ages 3 to 5.

Manufacturer/ Disney Store Distributor

Item # (if known) B00BQD7LU2

Store Amazon

Price Paid $13.84

Appendix 1 27 Product Name Rhinestone Rosette Bow Headband

Label on Toy None

Type of Potential Hazard Choking

Why Toy Is a Hazard Beads can fall off the headband, creating small parts that fit into the choke test cylinder. The toy should have a small parts warning label, as required for toys containing small parts and intended for children ages 3 to 5.

Manufacturer/ Mix & Co. Distributor

Item # (if known) None

Store Family Dollar

Price Paid $2

Product Name Favors Surprises (spiral drawing pieces)

Label on Toy None

Type of Hazard Choking

Why Toy Is a Potential The smallest circles in the set fit into the choke tube. It should have a Hazard small parts warning label, as required for toys containing small parts and intended for children ages 3 to 5.

Manufacturer/ Greenbrier International Distributor

Item # (if known) 188067-13590-094-1308

Store Dollar Tree

Price Paid $1

28 Trouble in Toyland 2014 Product Name Princess Party Favors Surprises (6 pack of “watches” with ballbearing game)

Label on Toy None

Type of Hazard Choking

Why Toy Is a Potential The “watches” can be broken into small parts Hazard that fit into the choke tube. The product should have a small parts warning label, as required for toys containing small parts and intended for children ages 3 to 5.

Manufacturer/ Greenbrier International Distributor

Item # (if known) 109685-13096-002-1406

Store Dollar Tree

Price Paid $1

Product Name Wind Up Fun

Label on Toy Statutory choke hazard warning; 18m+

Type of Potential Hazard Choking

Why Toy Is a Hazard The tail can break off, and it fits into the choke test cylinder. The toy should not be labeled for children under 3.

Manufacturer/ Auxo Distributor

Item # (if known) None

Store Kmart

Price Paid $2

Appendix 1 29 Choking Hazards: Near-Small Parts These toys do not violate any current federal standard but demonstrate the need to enlarge the choke test cylinder.

Product Name Disney Figurine--Winnie the Pooh--Piglet

Label on Toy 3+

Type of Hazard Choking

Why Toy Is a Potential The toy nearly fits into the choke Hazard test cylinder. Only its toes stick out.

Manufacturer/Distributor Beverly Hills Teddy Bear Company

Item # (if known) DCF10013 0114D

Store 99 Cents Only Stores

Price Paid $0.99

Product Name Grow Metallix Mega Gro-Bot

Label on Toy 4+

Type of Hazard Choking

Why Toy Is a Potential The toy nearly fits into the choke test cylinder. It fits if its arms Hazard are squeezed. (If the Gro-Bot expands in water as much as the package promises, then it may present another hazard, too, by growing dangerously large if swallowed by a child and creating an abdominal obstruction.)

Manufacturer/Distributor Alley Oop!/Greenbrier International

Item # (if known) 196926-09511-001-1401 or UPC: 6 39277 96926 2

Store Dollar Tree

Price Paid $1

30 Trouble in Toyland 2014 Product Name Grow Color Changers

Label on Toy 4+

Type of Hazard Choking

Why Toy Is a Potential Hazard The toy nearly fits into the choke test cylinder. It fits if squeezed slightly. (If the toy expands in water as much as the package promises, then it may present another hazard, too, by growing dangerously large if swallowed by a child and creating an abdominal obstruction.)

Manufacturer/Distributor Inspirefly Toys, LLC/Alley Oop! LLC/Greenbrier International

Item # (if known) 181667-09511-001-1307 or UPC: 6 39277 81667 2

Store Dollar Tree

Price Paid $1

Appendix 1 31 Choking Hazards: Small Balls

Product Name Magic Towel (football shape)

Label on Toy 3+

Type of Hazard Choking

Why Toy Is a Potential The ball is larger than the choke test Hazard cylinder but smaller than the small ball tester. The toy lacks a small ball warning, required for any small ball intended for children over the age of three.

Manufacturer/ Greenbrier International Distributor

Item # (if known) 119208-10062-001-1207

Store Dollar Tree

Price Paid $1

Product Name Magic Towel (baseball shaped)

Label on Toy 3+

Type of Hazard Choking

Why Toy Is a Potential The ball is larger than the choke test cylinder but smaller than the Hazard small ball tester. The toy lacks a small ball warning, required for any small ball intended for children over the age of three.

Manufacturer/ Greenbrier International Distributor

Item # (if known) 119208-10052-001-1210

Store Dollar Tree

Price Paid $1

32 Trouble in Toyland 2014 Product Name Rubber bouncy ball

Label on Toy None

Type of Potential Hazard Choking

Why Toy Is a Hazard The ball is smaller than the choke test cylinder and the small ball tester. The toy lacks a small ball warning, required for any small ball intended for children over the age of three.

Manufacturer/Distributor Unknown

Item # (if known) None

Store Boutique toy store

Price Paid $0.49

Choking Hazards: Ball-Like Toys This toy does not violate any current federal standard but demonstrates the need to strengthen the standard for toys that pose similar risks to small balls.

Product Name Shopping Cart Playset

Label on Toy 3+

Type of Potential Hazard Choking

Why Toy Is a Hazard The eggs and lemon in this set are circular near-small parts, and also look like something that should be eaten.

Manufacturer/Distributor Just Kidz

Item # (if known) 0-03463546-6 or UPC 7 42293 25330 4

Store Kmart

Price Paid $20

Appendix 1 33 Choking Hazards: Balloons

Product Name Mega Value Pack 16 Latex Punch Balloons

Label on Toy Statutory balloon warning (Children under 8 can suffocate), the statutory small parts warning (not for children under 3), and a 3+ label.

Type of Hazard Choking

Why Toy Is a Balloons are dangerous for children under 8, Potential Hazard but this package is labeled for 3+.

Manufacturer/ Amscan Distributor

Item # (if known) No. 392656 13158 or UPC 0 48419 93287 1

Store Party City

Price Paid $5.99

34 Trouble in Toyland 2014 Magnetic Toys Federal Standards for Magnetic Toys • Powerful magnets, whether sold in sets or individually, must be too large to fit into the official small parts cylinder used by the CPSC to determine choke hazards. Magnets that fit into a choke tube and that exceed the CPSC’s magnetic flux standards are banned for sale. The ban on small, high-powered magnet sets takes effect on April 1, 2015.79 (Effectively it is in place now, because all but one brand of these magnet sets have been recalled.)

• Weaker magnets or magnets too large for the choke test cylinder are banned in toys for children under the age of 14, with an exception for magnets included in certain “hobby, craft, and science kit-type items” intended for children age eight and older, provided the products comply with special magnet hazard disclosure requirements.

Example of Powerful Magnets

Product Name The Mini Set

Label on Toy Lengthy disclaimer

Type of Hazard Ingestion

Why Toy Is a Potential Comparable toys have been subject to a recall by the Hazard CPSC. Zen Magnets is fighting the CPSC’s efforts to recall its products.

Manufacturer/ Zen Magnets Distributor

Item # (if known) None

Store Zen Magnets online store

Price Paid $12.65

Appendix 1 35 Product Name Buckyballs

Label on Toy Lengthy disclaimer

Type of Hazard Ingestion

Why Toy Is a Potential This toy is subject to a recall by the CPSC. Hazard It is illegal to sell it in the U.S.

Manufacturer/ Maxfield & Oberton Distributor

Item # (if known) UPC 8 56590 00322 4

Store Buckyballstore.com

Price Paid $20

Product Name Sonic Sound Sizzlers Noise Magnets

Label on Toy 8+

Type of Hazard Ingestion

Why Toy Is a Potential The toy contains two high powered magnets Hazard that are near-small parts. If the toy were a small part, it would be banned for children under 14.

Manufacturer/ Ja-Ru Inc. Distributor

Item # (if known) 152194

Store Toys R Us

Price Paid $2

36 Trouble in Toyland 2014 Potential Battery Hazards in Toys Federal Standards for Batteries in Toys • In toys intended for children under three years of age, all batteries must be inaccessible without the use of a common household tool such as a screwdriver or coin.

• All toys, regardless of the age of the target audience, containing batteries that fit in the small parts cylinder must keep the batteries similarly inaccessible.

Example of Toy Containing Battery Hazard This toy does not violate any current federal standard but is an example of how batteries can be easily accessible.

Product Name Cherubic Cetacean

Label on Toy Non-standard choke hazard warning; 3+

Type of Hazard Choking and Ingestion

Why Toy Is a Potential Children can remove the batteries, which are near- Hazard small parts. The toy has been recalled for this reason in Australia. In addition, under mild abuse it broke into small parts that fit into the choke tube, and it does not have the CPSC warning label.

Manufacturer/Distributor Hua Cai

Item # (if known) B698A

Store Super 99c Century

Price Paid $6.99

Appendix 1 37 Appendix 2. Reported Toy-Related Deaths, 2001-2012

Toy-Related Deaths in Children Younger than 15, 2001-201280

2001- 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2012 Total

Choking/

Asphyxiation

Balloons 4 3 3 3 2 3 4 2 2 5 5 2 38

Rubber balls/ other small ball 1 2 5 4 9 4 5 2 0 3 0 0 35

Toy or Toy Part 3 3 3 2 0 5 1 1 2 2 0 1 23

Sub-total 8 8 11 9 11 12 10 5 4 10 5 3 96

Riding Toys, Scooters, Tricycles 13 5 0 5 8 11 8 10 8 1 4 7 80

Toy Boxes 2 0 0 0 0 0 0 1 1 2 1 0 7

Other 2 0 0 8 7 5 6 9 4 6 7 1 55

Total 25 13 11 22 26 28 24 25 17 19 17 11 238

% Choking/ Asphyxia 32% 62% 100% 41% 42% 43% 42% 20% 24% 53% 29% 27% 40%

38 Trouble in Toyland 2014 Appendix 3. CPSC Characteristics of Toys for Children Under Three

The following are some general characteristics that make toys appealing to children under three. Size and Weight: Small and lightweight, easy to handle. Theme: Represents a common object found around the home, farm or neighbor- hood. Degree of Realism: Silly or cute, some realistic details. Colors: Bright, contrasting colors covering large areas of the toy. Noisemaking: Not loud or frightening. Action and Movement: May be silly, should be easy for child to cause movement. Type and level of skill: Lets child begin to learn skills or practice skills such as walking, stacking, and sorting; should be slightly beyond child’s capabilities to maintain interest.

Appendix 3 39 Notes

1. James Libach, Consumer Affairs, Judge 12. Consumer Product Safety Commission, Orders Halt to Import and Sale of Hazardous Total Lead Content, accessed at www.cpsc. Children’s Products, 13 June 2014. gov/en/Business--Manufacturing/Business- Education, 21 October 2014. 2. Consumer Product Safety Commission, McDonald’s Recalls Hello Kitty Themed Whistles 13. Consumer Product Safety Commis- Due to Choking and Aspiration Hazards, 10 sion, FAQs: Total Lead Content in Children’s November 2014. Products, accessed at www.cpsc.gov/en/ Business--Manufacturing/Business-Education, 3. Jordan Durrett, Kids in Danger, After the 21 October 2014. Recall: Dangerous Products Remain in Homes: Children’s Product Recalls in 2013 and Recall 14. See notes 12 and 13. Effectiveness of 2012 Recalls, 18 February 2014. 15. American Academy of Pediatrics, Testi- 4. Centers for Disease Control and Pre- mony of Dana Best, MD, MPH, FAAP, on Behalf vention, Fourth National Report on Human of the American Academy of Pediatrics: Energy Exposure to Environmental Chemicals, Febru- and Commerce Subcommittee on Commerce, ary 2009. Trade, and Consumer Protection: Protecting Children from Lead Paint Imports, 20 Septem- 5. Centers for Disease Control and Preven- ber 2007. tion, Lead: Toys, accessed at www.cdc.gov/ nceh, 21 October 2014. 16. Centers for Disease Control and Preven- tion, Agency for Toxic Substances & Disease 6. Centers for Disease Control and Preven- Registry, Toxic Substances Portal – Chromium, tion, Lead: Prevention Tips, accessed at www. updated October 2012, accessed at www.atsdr. cdc.gov/nceh, 21 October 2014. cdc.gov, 21 October 2014.

7. See note 5. 17. “Ecology Center Report on Toxic Chemi- cals in Jewelry Covered by Media Outlets across 8. Ibid. the Country,” Ecolink, March 2012. 9. Ibid. 18. Consumer Product Safety Commission, 10. See note 1. Status Report: Review of Metals in the Toy Safety Standard, ASTM F963, 14 March 2012; 11. Consumer Product Safety Commission, ASTM International, F963-11, Standard Con- Mexican Wrestling Action Figures Recalled by sumer Safety Specification for Toy Safety (West Lee Carter Co. Due to Violation of Lead Paint Conshohocken, PA: ASTM International, 2012). Standard (press release), 24 January 2012.

40 Trouble in Toyland 2014 19. Ibid. 27. Chris Gennings, et al., Report to the U.S. Consumer Product Safety Commission by the 20. American Chemistry Council, Phthalates, Chronic Hazard Advisory Panel on Phthalates accessed at www.phthalates.americanchemis- and Phthalate Alternatives, July 2014. try.com, 21 October 2014. 28. Consumer Product Safety Commission, 21. Male development: National Institutes Toy Injury Statistics, accessed at www.cpsc.gov/ of Health, National Library of Medicine, Tox en/Research--Statistics, 3 October 2014. Note Town, Phthalates, accessed at toxtown.nlm. that the Consumer Product Safety Commission nih.gov/text_version/chemicals.php?id=24, 28 continues to receive reports of fatalities and October 2014; Early puberty: I. Colon, et al., injuries after they publish their annual report “Identification of Phthalate Esters in the Serum for a given year. of Young Puerto Rican Girls with Premature Breast Development,” Environmental Health 29. Ibid. Perspectives 108: 895-900, 2000 30. Consumer Product Safety Commission, 22. National Institutes of Health, National Office of Compliance, Small Parts Regulations: Library of Medicine, Tox Town, Phthalates, ac- Toys and Products Intended for Use by Children cessed at toxtown.nlm.nih.gov/text_version/ Under 3 Years Old: 16 C.F.R Part 1501 and chemicals.php?id=24, 28 October 2014. 1500.50-53, January 2001.

23. Safer Chemicals, Healthy Families, 31. 16 CFR 1500.19(b)(1). Target, accessed at www.saferchemicals.org/ retailers/target, 21 October 2014. 32. Marbles: 16 CFR 1500.19(a)(4)(i); vending machines and toy bins: 16 CFR 1500.19(a)(8). 24. The Ecology Center, Walgreens, Will You Mind The Store?, accessed at www.healthystuff. 33. 16 CFR 1501.2(b). org, 21 October 2014. 34. 16 CFR 1501.2(a).

25. Consumer Product Safety Commissions, 35. 16 CFR 1501.3. Phthalates, accessed at www.cpsc.gov/en/ Business--Manufacturing/Business-Education/ 36. 16 CFR 1501.4(b)(2). Business-Guidance/Phthalates-Information, 21 October 2014; Note: for the purposes of 37. Edushape, Textured Colored Blocks, these phthalate regulations, a “children’s toy” accessed at www.amazon.com/Edushape- is defined as a “consumer product designed or Textured-Brightly-Colored-Building/dp/ intended by the manufacturer for a child who is B00261BBUY/ref=sr_1_1?s=toys-and-games& 12 years old or younger.” “Child care articles” ie=UTF8&qid=1416465255&sr=1-1&keyword are defined as “consumer products that are s=edushape+foam+blocks, 6 November 2014. designed or intended by the manufacturer for 38. See three-star review by Pen Name, Foam a child who is three years old or younger, to Blocks, 12 December 2012 (“The small pieces facilitate sleeping or feeding, or to help a child are so small my two year old grandson can who is sucking or teething.” put them in his mouth”), and four-star review 26. Consumer Product Safety Commis- by JenLRhodes09, I Don’t Know What the Bad sion, FAQs: Bans on Phthalates in Children’s Reviews Are Talking About, 9 December 2011 Toys, accessed at www.cpsc.gov/Regulations- (“I did throw away the little half circles (chok- Laws--Standards/Statutes/The-Consumer- ing hazard)”). Accessed at www.amazon.com/ Product-Safety-Improvement-Act/Phthalates/ Disney-Junior-McStuffins-Figurine-Playset/dp/ FAQs-Bans-on-Phthalates-in-Childrens-Toys/, B00BQD7LU2/ref=sr_1_1?s=toys-and-games& 23 October 2014. ie=UTF8&qid=1416342254&sr=1-1&keywords =doc+mcstuffins+figures, 17 November 2014.

Notes 41 39. Many of the one star reviews of this 50. Government of Canada, Magnets, product on Amazon complain of it falling apart. accessed at www.healthycanadians.gc.ca/ A sampling of comments from Amazon: “I can’t drugs-products-medicaments-produits/ believe that Doc’s head snapped off after only consumer-consommation/children-enfant/ two days,” “The heads popped off on the first magnets-aimants-eng.php, 21 October 2014. day,” “These figurines are top heavy (heads), and just popped off in my granddaughter’s 51. Consumer Product Safety Commission, hand,” “Doc’s neck is so little after 2 hours of Magnets Information Center, accessed at play, her neck snapped off,” “One of the figures www.cpsc.gov/en/Safety-Education/Safety- broke off of the puzzle piece right after we Education-Centers, 21 October 2014. opened it. … After a week Doc lost her head,” 52. Teri Sforza, “Watchdog: Magnets in Toys “Two of the heads have broken off in less than Can Be Deadly,” Orange County Register, 4 Oc- a month already.” Accessed at www.amazon. tober 2014; Consumer Federation of America, com/Disney-Junior-McStuffins-Figurine-Play- CPSC Issues Final Rule to Protect Children from set/product-reviews/B00BQD7LU2/ref=cm_ Hazardous High Powered Magnets (press re- cr_dp_qt_hist_one?ie=UTF8&filterBy=addOn lease), 24 September 2014; Elizabeth Cohen, eStar&showViewpoints=0, 17 November 2014. “Powerful Magnets in Toys Raise Risks from 40. Consumer Product Safety Commission, Swallowing,” CNN, 5 June 2012; Consumer Be Amazing! Toys Recalls Monster Science and Product Safety Commission, CPSC Approves Super Star Science Colossal Water Balls Due to Strong Federal Safety Standards for High- Serious Ingestion Hazard (press release), 31 Powered Magnet Sets to Protect Children and July 2013. Teenagers (press release), 25 September 2014.

41. 16 CFR 1500.18(a)(17). 53. Consumer Product Safety Commission, CPSC Approves Strong Federal Safety Standards 42. See note 28. for High-Powered Magnet Sets to Protect Children and Teenagers (press release), 25 43. 16 CFR 1500.18(a)(17). September 2014.

44. 16 CFR 1500.19(b)(3)(i). 54. Jayne O’Donnell, “CPSC May Ban Tiny Magnets that Killed a Child,” USA Today, 4 45. 16 CFR 1500.19(b)(3)(i). September 2014. 46. 79.7 percent of 17,230 cases of contact 55. Consumer Federation of America,Pedia - with pods was via ingestion. Amanda Valdez, et tricians and Consumer Advocates Ask CPSC for al., “Pediatric Exposure to Laundry Detergent Swift Action on High-Powered Magnet Safety Pods,” Pediatrics, DOI: 10.1542/peds.2014- Standards (press release), 22 October 2013. 0057, 10 November 2014. 56. See note 53. 47. Consumer Product Safety Commission, CPSC Safety Alert: CPSC Warns Consumers of 57. Matt Strickland, Daniel Rosenfield and Suffocation Danger Associated with Children’s Annie Fecteau, “Magnetic Foreign Body Inju- Balloons, 2012. ries: A Large Pediatric Hospital Experience,” The Journal of Pediatrics 165 (2): 332-335, 48. See note 28. May 2014. 49. 16 CFR 1500.19(b)(2). 58. Federal Register, Final Rule: Safety Stan- dard for Magnet Sets: A Rule by the Consumer Product Safety Commission, 3 October 2014.

42 Trouble in Toyland 2014 59. ASTM International, F963-11, Standard 67. BBC News, “‘Button Battery’ Warning Consumer Safety Specification for Toy Safety Over Child Deaths in Manchester,” BBC News, (West Conshohocken, PA: ASTM International, 14 October 2014. 2012). 68. Centers for Disease Control and Preven- 60. Jayne O’Donnell, “CPSC Buckyballs Set- tion, “Injuries from Batteries among Children tlement Gives Buyers Refunds,” USA Today, 17 Aged <13 Years – United States, 1995-2010,” July 2014; and Consumer Product Safety Com- Morbidity and Mortality Weekly Report 61 (34): mission, Recall Lawsuits: Adjudicative Proceed- 661-666, 31 August 2012. ings, accessed at www.cpsc.gov/en/Recalls/ Recall-Lawsuits/Adjudicative-Proceedings, 15 69. Ibid. November 2014. 70. See note 59.

61. Consumer Product Safety Commission, 71. Australian Competition & Consumer Buckyballs and Buckycubes High-Powered Commission, Product Safety Recalls Australia, Magnet Sets Recalled Due to Ingestion Hazard; SJS Homeware—Hua Cai “Cherubic Cetacean” Craig Zucker to Fund a Recall Trust, Settles with Musical Whale Toy, 5 June 2013. CPSC (press release), 12 May 2014. 72. National Institute on Deafness and Other 62. ZenMagnets, We Will Fight until the End Communication Disorders, National Institutes (press release), 4 August 2014. of Health, U.S. Department of Health and Hu- 63. DeWane Ray, Assistant Executive Direc- man Services, NIDCD Fact Sheet: Noise Induced tor, and Jonathan Midgett, Project Manager, Hearing Loss, December 2008. Office of Hazard Identification and Reduction, 73. A.S. Niskar, et al., “Prevalence of Hearing Consumer Product Safety Commission, Memo Loss among Children 6 to 19 Years of Age: The to the Commission, Re: Staff Responses to Ques- Third National Health and Nutrition Examina- tions about the Notice of Proposed Rulemaking tion Survey,” Journal of the American Medical for Hazardous Magnet Sets, 20 August 2012. Association 279: 1071-1075, 1998.

64. Consumer Product Safety Commission, 74. American Speech-Language-Hearing Beware of Tiny Button Batteries, accessed at Association, The Prevalence and Incidence of www.cpsc.gov/en/Newsroom, 21 October Hearing Loss in Children, accessed at www. 2014; Consumer Product Safety Commission, asha.org/public/hearing, 21 October 2014. CPSC Joins International Effort to Prevent But- ton Battery-Related Injuries and Deaths (press 75. Sight and Hearing Association, Sound release), 17 June 2014. Off: Noisy Toys Pose Hearing Threat, 2011.

65. Safe Kids Worldwide, Button Battery 76. See note 59, 41. Sound testing is con- Injury Prevention, accessed at www.safekids. ducted at a distance of 50 cm, converted to org/button-battery-injury-prevention, 21 an approximate figure in inches in the text October 2014; Consumer Product Safety for ease of understanding. Toy standards are Commission, Beware of Tiny Button Batteries, consistent with the recommendations of the accessed at www.cpsc.gov/en/Newsroom, 21 Occupational Safety and Health Administra- October 2014. tion (OSHA). Impulsive sounds are defined as sounds of “typically less than one second in 66. Bonnie Rochman, “Remote Controls duration.” Measurements are conducted at Aren’t Toys: Lithium Batteries Prove Deadly to a distance of 50 cm because it is considered Kids,” Time, 14 September 2011. optimal for sound measurements. Noise level

Notes 43 standards have been adjusted to account for the distance at which sound is measured versus products are used. The standards are equivalent to standards derived through Eu- ropean research at distances of 25 cm – what the European study concluded was an average distance of use for toys – and 2.5 cm for close- to-the-ear simulation. For more information or details on the explanatory context provided in this note, see ASTM International, F963-11, Standard Consumer Safety Specification for Toy Safety (West Conshohocken, PA: ASTM International, 2012), 59.

77. Sight & Hearing Association, Sight & Hearing Association Releases Annual Noisy Toys List (press release), 17 December 2013.

78. Consumer Product Safety Commission, Detailed Laboratory Information: STAT Analy- sis Corp., accessed at www.cpsc.gov/cgi-bin/ LabSearch/ViewLab.aspx?LabID=1484, 31 October 2014.

79. See note 58.

80. See note 28. The data in the table reflect the most up-to-date information available.

44 Trouble in Toyland 2014