Loopholes in Toy Safety Regulations
Some companies
do not adequately comply with the specifics of the law and allow potentially
dangerous toys to be produced, marketed and sold. Toy manufacturers
and importers continue to sell toys for children under three that violate
the small parts regulations and pose choking hazards to children.
Even when companies do comply with the laws, the current regulations
do not address all of the choking hazards posed by toys. Since 1980,
at least 12 children have choked to death on balls ranging in size between
1.25" and 1.75" in diameter, the respective sizes of the old
and new small ball test. While the choking test cylinder eliminates
most objects small enough to enter a child's lower throat and air passages,
it does not eliminate all objects that can block the airway by obstructing
the mouth and upper throat. Children continue to choke on toys that
do not technically violate the CPSC regulations.
Not all
manufacturers are in full compliance with the CSPA warning label requirements.
Many older toys are still on toy shelves, and neither Congress nor the
CPSC requires manufacturers to update old packaging with new warnings.
The 2003 NYPIRG toy list includes toys without choke hazard labels or
with non-statutory labels.
A new factor complicating toy safety is the growing popularity of online
toy retailers. The convenience of online toy stores draws increasing
numbers of consumers each year: online sales of toys grew 22 percent
from $650 million in 1999 to $793 million in 2000 (xlii).
Yet these stores pose special difficulties for consumers; PIRG's third
annual survey of toy websites found that two-thirds of the online toy
retailers surveyed still do not use the mandatory age or choke hazard
warning labels required by law on toy packages sold in stores. (See
PIRG's 2003 Survey of Online Toy Retailers attached).
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Positive Trends in 2003
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