Executive Summary

This 2002 Trouble In Toyland report is the seventeenth annual NYPIRG and PIRG toy safety survey. NYPIRG uses results from its survey to educate parents about toy hazards and to advocate passage of stronger laws and regulations to protect children from toy hazards. Our reports have led to more than 100 enforcement actions by the U.S. Consumer Product Safety Commission (CPSC) and toy manufacturers since 1986.

In particular, NYPIRG focuses on choking, the leading cause of toy deaths. Our survey found that stores continue to carry numerous potentially dangerous toys. Also, despite the implementation of the 1994 Child Safety Protection Act (CSPA), publicity from NYPIRG, PIRG, other groups and the media, and intensified efforts by the CPSC and the U.S. Customs Service more than 300 children have choked to death on children's products since 1980 in the United States. On the up side, the number of dangerous toys on shelves appears to be less than in previous years. Overall, we commend most manufacturers for complying with toy safety standards.

This survey also focuses on toys containing significant amounts of toxic chemicals, especially teething toys intended for children under three years old. Specifically, many soft polyvinyl chloride (PVC) plastic toys contain chemicals called phthalates - which are probable human carcinogens and known to cause chronic health effects including liver and kidney abnormalities.

NYPIRG also examined the risk of dangerously loud toys. Children can suffer hearing loss from repeated exposure to sounds louder than 85 decibels, about the same as noisy restaurant or heavy traffic. NYPIRG and PIRG researchers found, with the help of a consumer advocate from the Wisconsin Department of Agriculture, Trade and Consumers, 10 toys that produce sounds louder than 95 decibels.

The report also included a second annual Internet shopping survey, which showed findings similar to last year's results - that toy store web sites are failing to warn parents about toy hazards.

FINDINGS
• No major online toy retailer displays critical hazard warning labels on the Internet, putting online shoppers at a disadvantage when trying to shop for safe toys on the Internet.
• Independent tests have shown that many plastic toys, including common teething toys, contain as much as 40% by weight of toxic phthalates, which may leach into children's bodies. The chemicals are probable human carcinogens and have been shown to have some of the characteristics of "endocrine disrupters" - chemicals that cause reproductive abnormalities.
• Toy manufacturers make toys that may pose choke hazards, yet are barely large enough to pass the small parts ban test.
• Toy manufacturers and retailers fail to label unwrapped small toys or toys containing small parts within bins. They also fail to label bins that contain unlabeled unpackaged toys that pose choke hazards, as required by law.
•l One of the most dangerous toys, balloons, continues to be manufactured and marketed in shapes and colors that are attractive to very young children and continues to be sold unlabeled in bins that are accessible to children.
• Toy manufacturers are over-labeling toys by placing choke hazard warnings on toys that do not contain small parts. We are concerned that this will water down the meaning of the labels and hence be less useful to parents.

RECOMMENDATIONS

TO TOY BUYERS AND PARENTS: Be vigilant this holiday season and remember:
(1) The CPSC does not test all toys;
(2) not all toys on the shelves meet CPSC regulations;
(3) toys that meet all CPSC tests may still pose hazards, ranging from choking to toxic chemical exposure; and
(4) Online toy shopping does not provide the same safety warnings that by law must appear on toy packaging.

TO THE CPSC:
(1) Reexamine the parameters by which toys are judged for age appropriateness.
(2) Change the small ball rule to include small round objects and enlarge the size of the small parts testing cylinder.
(3) At a minimum, ban toxic phthalates from toys intended for children ages 3 and under, as other jurisdictions have already done. Preferably, as NYPIRG, PIRG and other groups requested in a 1998 petition, ban toxic phthalates from toys intended for children 5 and under.
(4) Continue to encourage online toy retailers to display critical safety warnings.
(5) Limit the level of sound that toys can produce to 85 decibels.

TO TOY MAKERS:
(1) Aim for 100 percent compliance with toy regulations.
(2) Eliminate toxic phthalates from toys intended for children under 5 years old, or at a bare minimum eliminate toxic phthalates from toys intended for children under 3 years old as some companies have already done. Clearly disclose the use of toxic phthalates and other chemicals in other toys appropriate for older children.
(3) Reexamine the parameters with which toys are judged for age appropriateness.
(4) Do not make toys that produce sounds louder than 85 decibels.
(5) Display crucial hazard warnings on online retail sites.

TO TOY STORES:
(1) Clearly label bins as well as the toys within bins containing small parts.
(2) Carefully consider the height of bins containing toys with small parts. Make sure that they are high enough so that children under 3 can not reach them.
(3) Make sure all balloons are packaged with a CSPA warning requirement. Never place loose balloons in bins.
(4) Display mandatory CSPA choke hazard warnings on websites.

NYPIRG'S 2002 LIST OF POTENTIALLY DANGEROUS TOYS

1. Blue's Clues Learning Lessons Computer (Fisher Price)
2. Chickie and Duckie Wind-Up Toy (Manufacturer Unknown)
3. Clifford the Big Red Dog Wind-Up Toy (Toy Island)
4. Happy 1st Birthday Balloons (Unique)
5. Hello Bee, Hello Me Book (Sassy)
6. Lil' Chef's Market 50-piece Play Food Set Oversized Bucket (Geoffrey)
7. Monsters Inc., Sully and Boo Doll (Disney)
8. Puppy Phone (Leap Frog)
9. Racing Car 25-piece Building Sets (Lego)
10. Star Blaster Set (Power Gear)
11. Travel Case Cosmetic Case (Geoffrey)
12. Who Loves Baby? Photo Book (Sassy)