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. In 1994, Congress
passed PIRG's priority child safety proposal, the Child Safety Protection
Act (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.
Requirements
of the Child Safety Protection Act
The 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 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 Attachments
for data on toy related deaths). NYPIRG's list of dangerous toys includes
balloons marketed for young children as well as unlabeled balloons that
are still on store shelves.
The CSPA
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 often 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 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,
NYPIRG 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 (iii).
NYPIRG recommends that parents use a choke testing tube, a golf ball
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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