Choking Hazards
Regulatory
History
In 1979, the CPSC banned the sale of toys containing small parts if
they were intended for use by children under the age of three, regardless
of age labeling. A small part was defined as anything that fit inside
a choke test cylinder, which has an interior diameter of 1.25 inches
and a slanted bottom with a depth ranging from 1 to 2.25 inches. If
any part of the product - including any parts that separate during use
and abuse testing - fits inside the test tube, the product is a choking
hazard and is banned for children under the age of three.
The new regulations, however, were not entirely effective; some manufacturers
attempted to circumvent the small parts ban by labeling products intended
for children under three for "ages three and up." This allowed
parents to misinterpret these labels as recommendations, rather than
warnings, and to purchase such toys anyway for children under three.
The 1979 legislation exempted a significant choking hazard, balloons,
from any sort of warnings or regulations. It also became apparent that
small balls that passed the small parts test could still pose a choking
hazard, as they could still block a child's airway.
Throughout the 1980s, consumer groups lobbied Congress and the CPSC
to increase the size of the small parts test and to require an explicit
choke hazard warning on toys intended for older children, if the toys
contained banned small parts. A 1992 campaign led by ConnPIRG and other
child safety advocates resulted in a tough choke hazard warning label
law that took effect in Connecticut on January 1st, 1993. The Connecticut
law laid the foundation for a federal standard, and in 1994, Congress
finally passed PIRG's priority child safety proposal, the Child Safety
Protection Act of 1994 (CSPA).
The CSPA required choke hazard labels on toys, balloons and marbles
intended for children under six if they contained banned small parts
and increased the size of the small ball test from 1.25 inches to 1.75
inches. The Child Safety Protection Act was signed into law by President
Clinton on June 16, 1994, and took effect on January 1, 1995. Final
CPSC regulations took effect August 28, 1995.
Requirements of the 1994 Child Safety Protection Act
The 1994 Child Safety Protection Act (CSPA) mandated the following warning
labels on the following categories of products:
Small Parts: The CSPA requires that toys intended for children
between the ages of three and six years old that contain small parts
include the following explicit choke hazard warning:
Warning:
CHOKING HAZARD -
Small Parts. Not for Children Under 3 yrs
.
Toys that have play value for children under three - i.e., have soft,
rounded edges, simple construction, and bright primary colors -- are
banned if they contain small parts.
Small Balls: The 1994 CSPA also increases the size of banned
small balls. Round objects are more likely to choke children because
they can completely block a child's airway. Any small ball intended
for children older than three must include the following warning:
Warning: CHOKING HAZARD - This toy is a small ball. Not for children
under 3 yrs
Any toy intended for children between three and six years old that contains
a small ball must include the following warning:
Warning: CHOKING HAZARD - This toy contains a small ball. Not for
children under 3 yrs.
Marbles: Any marble intended for children older than three must
include the following warning:
Warning: CHOKING HAZARD - This toy is a marble.
Not for children under 3 yrs.
Balloons: Balloons pose a grave choking hazard to children, causing
more choking deaths than any other children's product. Almost half (46
percent) of the choking fatalities reported to the CPSC have involved
balloons. At least 57 children have died from balloons since 1990. (See
Appendix 2 for data on toy related deaths). PIRG's list of dangerous
toys includes balloons marketed for young children as well as unlabeled
balloons that are still on store shelves.
The 1994 CPSA requires the following choke hazard warning on all balloons:
CHOKING HAZARD - Children under 8 yrs can choke or suffocate on uninflated
or broken balloons. Adult supervision required. Keep uninflated balloons
from children. Discard broken balloons at once.
Bins and Vending Machines: Finally, the CSPA requires choke hazard
labels on bins and vending machines. Toys or small balls that require
labels are sold in vending machines or unpackaged in bins, these vending
machines and bins must contain these same statutory warnings.
Toy
Survey Findings and Recommendations on Choking Hazards
Overall, toy and party stores are doing a better job of how they market
small balls, balloons, small toys or toys with small parts, ensuring
that either that the bin in which the toy is sold or the toy itself
is labeled with a choke hazard warning label. Yet even with these improvements,
PIRG researchers still found toys for children under three with small
parts; toys for children under six without the statutory choke hazard
warning; toys that barely pass the small parts test; unlabeled small
balls; and balloons printed with messages appealing to young children
and sold loose in bins without choke hazard warnings. (See Appendix
1 for examples of potential choking hazards).
PIRG recommends that parents to use a choke testing tube or a cardboard
toilet paper roll to test small toys and parts; make sure that balls
given to children younger than three are at least 1.75 inches in diameter;
and never let children younger than 8 play with latex balloons.
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