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The
Water Yo-Yo Survey of Online Toy Retailers Loopholes
in Toy Safety Legislation |
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Ineffective Toy Recalls The annual NYPIRG and PIRG reports have resulted in over 100 recalls and other enforcement actions since 1986. NYPIRG’s Consumer Protection Program, as part of its effort to keep the public informed about various consumer issues, decided in August 2003 to continuously post recent product recalls from the CPSC on its website, www.nypirg.org. While the CPSC has been aggressive over the past years in recalling unsafe toys, very few consumers who purchase recalled products-fewer than 20%-ultimately find out about the recall. Moreover, in 2001, NYPIRG researchers found toys in a store that were identical to toys already recalled by the CPSC (xxxiii). Currently the CPSC and manufacturers rely mostly on the news media, retailers and pediatricians to inform the public of any product recalls. However, there are many consumers who never find out about a recall because they miss the news story or miss the retailer’s recall notification. Also, many toys have no contact information that would enable consumers to contact toy manufacturers if they ever had a question or concern regarding a toy. In order to ensure that recall information is better distributed to consumers, U.S. Congressman Jim Moran (D-Virginia) and U.S. Senator Mary Landrieu (D-Louisiana) introduced a bill entitled the “Product Safety Notification and Recall Effectiveness Act” (H.R. 1197/S.584). This bill would require manufacturers of certain consumer products, which includes juvenile products and small household appliances, to accompany these products with a product registration card. These cards will request the purchasers’ names and addresses to be used in case of a recall. Similarly, NYPIRG supports a petition that was submitted by the Consumer Federation of America in 2001, which requests that the CPSC require manufacturers to institute the use of consumer registration cards. This petition also requests a regulation to require the name and contact information of the manufacturer, including an address and phone number or phone number and web address, on every product intended for children. With regard to recalled toys and children’s products, child care facilities present a special challenge because they use a large volume of toys and have products for children of varying ages. The manufacturing origins and model numbers of these children’s products may not be immediately apparent to parents and child care providers. Licensed child care providers in New York are already required to maintain a safe child care environment, but not all providers know to look for unsafe and recalled items, and the presence of recalled products can be difficult to detect. NYPIRG supports the New York Children’s Product Safety Act (A6450 – The Act introduced by Assemblyman Jeff Klein (D-Bronx)). The Act’s key provisions include prohibiting a child care facility from using or having on its premises an unsafe children’s product, as defined by the Act, which would include a children’s product that has been recalled and authorizing the NYS Office of Children and Family Services (OCFS) to revoke or refuse to renew the registration or license of any child care facility should the licensee or registrant not comply with the provisions of the Act (xxxiv). NYPIRG also supports the work Assemblyman Klein has done in partnership with the OCFS, the NYS Child Care Coordinating Council, and more recently with the State Attorney General and the New York City Department of Health and Mental Hygiene, to assist child care providers in identifying and removing recalled children’s products from child care settings (xxxv). Recently the CPSC has issued several recalls of toys that may still be on local store shelves and has launched their own website, www.recalls.gov. The website lists all recalls, describes how to deal with recalled products, and allows consumers to search if a product has been recalled and report unsafe products to the CPSC. Below is a list of 5 recent toy recalls(xxxvi) : 1. Fisher-Price’s Electric Lightning PAC Scooters and Electric MX3 Mini Bikes (xxxvii): The motor control circuits can malfunction causing the scooters and mini bikes to continue to run after the power or throttle button is released, posing a risk of injury to children. There have been at least 56 reports of incidents with the scooters, including one report of a chipped tooth and one report of a broken arm and 24 reports of incidents involving the mini bike, including one report of a leg laceration. 2. Agglo Corporation’s "Double Dipp'n Fun" Multicolored Sidewalk Chalk (xxxviii): The multicolored sidewalk chalk contains high levels of lead, posing a risk of poisoning to young children. The Wisconsin Department of Health tested the chalk and identified the lead in the chalk. 3. Advantage Publishers Group’s Amazing Baby Listen and Play Activity Books (xxxix): The hub of the pink dial embedded in the inside back cover can come off during use in some of these books, posing a choking hazard to young children. One report from a consumer of a hub coming off was received. There are no reports of injuries or choking incidents. 4. BRIO(r) Corp.’s Toy Drums (xl): The three rubber feet, which are screwed into the bottom of the drum, could be removed in some cases, posing a choking hazard to young children. 5. Neurosmith’s
Pet Me Platypus™ (xli): Any of the four
plastic button covers can detach, posing a small parts choking hazard
to young children. NEXT: Loopholes in Toy Safety Regulation
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