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Toys: Joy & Potential Danger

South Carolina Personal Injury Attorneys

There is nothing like the look on a child’s face when you give him or her a new toy. Parents of young children should be aware, however, of the heightened danger associated with unsafe toys.

In 2007 and 2008, 45 million toys were recalled in the United States. Common dangers include choking hazards, excessively loud toys, and toys containing toxic chemicals such as lead and phthalates.

Choking Hazards

Choking is the number one cause of accidents involving toys. The Public Interest Research Group (PIRG) reports that “between 1990 and 2007, at least 196 children died after choking or asphyxiating on a toy or toy part; three children died in 2008 alone.” The PIRG’s Trouble in Toyland report states that federal law requires the following:

Small parts in toys are banned for children under age three
Toys containing small parts should display a warning label for children between ages three and six
Balls with a diameter less than 1.75 inches are banned

The PIRG noted that it found many toys with small parts on store shelves without the required warning labels. Regardless of the warning label, parents should study each toy to ensure that it will not pose a choking hazard for young children.

Excessively Loud Toys

As noted in the PIRG report, the Consumer Products Safety Commission (CPSC) has adopted the standards imposed by the American Society of Testing and Materials, suggesting that children’s toys should not be louder than 85 decibels; 65 decibels if the toy will be in close range of the ear. The PIRG notes, however, that many toys on the store shelves are louder than 85 decibels, so parents should check the decibel level on each toy before purchasing.

Toxic Toys

Lead

According to the PIRG report, the CPSC Safety Improvement Act, adopted by Congress in 2008, “bans lead except at trace amounts in paint or coatings (90pm limit as of August 2009), and in any toys, jewelry or other products for use by children under 12 years old (300 ppm limit as of August 2009, and 100 ppm by August 2011).” In 2009, approximately 1.3 million toys were recalled by the CPSC because they contained lead amounts in excess of the CPSC standard. Lead can pose serious health risks, including brain injury, to young children.

Phthalates

Phthalates are found in numerous consumer products and are typically used as plasticizers.The Environmental Working Group (EWG) has found that phthalates disrupt the endocrine system. In 2008, Congress passed a law banning six phthalates from children’s toys and cosmetics. However, the PIRG’s report conducted testing and found that two toys contained phthalates which exceed the legal limits.

Currently, the EWG is working with Congress to adopt the Kids Safe Chemical Act which will “reform the nation’s toxic chemical law to assure that chemicals are safe for babies, children and other vulnerable groups before they are allowed on the market.”

By: Pete Strom, South Carolina Personal Injury Attorney