President Bush signs kids car safety act into law

Today the President signed into law the Cameron Gulbransen Kids Transportation Safety Act, which requires the Department of Transportation to issue regulations related to  power window safety, rearward visibility and rollaway prevention. The signing comes two weeks after the Senate passed the measure; it was passed by the House late last year.

The bill was named after two-year-old Cameron, who was killed when he was inadvertently backed over by an SUV driven by his father because the blind zone behind the vehicle made it impossible to see the boy.

The new law addresses three of the most serious causes of preventable injuries and fatalities to young children in and around motor vehicles: being struck by a backing vehicle with an unacceptable blind zone, getting caught in an automatically closing power window; and the ability to place a vehicle in gear without having to depress the brake, resulting in an uncontrolled rollaway.

The Gulbransens and at least 21 other families whose children were killed or seriously injured in non-traffic vehicle accidents threw their support behind passage of the bill as did a broad coalition that included Kids And Cars, Advocates for Highway and Auto Safety, Public Citizen, Center for Auto Safety, CFA, NCL, the Trauma  Foundation, and Consumers Union. We applaud the president's action.

CPSC report on nursery-related deaths highlights crib and play yard dangers

Today, the Consumer Product Safety Commission released its annual report, Nursery Product-Related Injuries and Deaths Among Children under Age Five. The news is not encouraging.  In 2006, the latest year for which data was analyzed, children under age five suffered an estimated 66,400 injuries associated with nursery products that were severe enough to require hospital treatment.  And during the three-year period from 2002 to 2004, again the most recent data available, there was an average of 80 deaths per year associated with nursery products among children under five.  Compare that to last year’s report, which showed 59,800 injuries in 2005, and an average of 61 deaths per year during the period of 2001 to 2003.  It certainly looks like we're heading in the wrong direction.

What worries us most are the number of deaths and injuries associated with cribs and play yards. Together, these two products accounted for 43 deaths per year and about 12,400 injuries according to the CPSC’s most recent data.  The recall of almost 1.5 million cribs and play yards in 2007 alone may be indicative of an inherent problem.  Many of the crib recalls were due to lack of durability.  Although the CPSC regulates cribs, their standards do not include durability test requirements.  They should. 

Cribs are also covered by several voluntary ASTM-International standards.  Although those standards include durability test requirements, the tests do not completely simulate the stresses that an active toddler can place on a crib when jumping or vigorously shaking the side rails or other components. 

Crib hardware often becomes loose over time. Parts can fatigue and fail, screws can loosen and fall out, wood can split or splinter—all creating hazards to a child.  For these reasons we think it's important to check your crib for loose or missing hardware every two months.  We also recommend against buying any crib whose history you don’t know, such as one from a garage sale, or a crib that has been in use for more than five years.  And never buy a crib that has loose or missing hardware or other components.

To provide a safe sleep environment for your child, Consumer Reports and the CPSC also recommend:

• Placing baby to sleep on his or her back in a crib that meets current safety standards to reduce the risk of SIDS and suffocation.
• Removing all soft bedding, including bumper pads, from the crib to prevent suffocation hazards.
• Never using a pillow as a mattress or to prop a baby’s head or neck; doing so poses a suffocation risk.
• Using a snug fitting crib sheet that can’t be easily pulled off and possibly become wrapped around a baby's neck.
• Never using an old, broken or modified crib because an infant can strangle to death if his or her body passes through gaps between loose components, broken slats or other parts of the crib and the baby's head and neck become entrapped in the space.
• Never allowing a gap larger than two fingers wide to develop between the sides of the crib and the mattress. Infants can suffocate in spaces between the sides of the crib and an ill-fitting mattress.
• Never placing a crib near a window with blind or curtain cords; infants can strangle on cords.
• Properly setting up a play yard according to manufacturers’ directions. Only use the mattress provided with the play yard. And do not add extra mattresses, pillows or cushions, which can cause a suffocation hazard for infants.
• Routinely checking nursery products against CPSC recall lists and removing recalled products from your home. You can sign-up for automatic e-mail recall notifications at www.cpsc.gov.
• Using a baby monitor to alert you to a problem before your child becomes one of CPSC’s statistics.

Sears to fix tippy ranges

Sears, the nation’s largest appliance retailer, has agreed to address a dangerous home hazard under a proposed settlement of a recent class-action lawsuit.

We first wrote about the hazard—stove tip-overs and cooking fires—last year. The problem: Over the past seven years when millions of Americans had freestanding gas or electric ranges installed in their homes, Sears representatives failed to secure the ranges with a bracket to keep the stoves from tipping over. This can happen when weight is applied to an open oven door.  Since 1991, brackets have been included with ranges that comply with the Underwriters Laboratories' safety standard for ranges.  But an internal memo from Sears said that the safety brackets were installed in only an estimated five percent of the ranges sold.  Public Citizen, a consumer advocacy group, says unsecured stoves have accounted for at least 33 deaths and 84 injuries since 1980.

Now, Sears is proposing to correct that problem—at least for its customers who paid for delivery and installation of freestanding or slide-in ranges between July 2, 2000 and  September 18, 2007.  According to the proposed settlement, Sears will offer free installation of antitip devices to eligible customers who do not have such a device already installed or pay up to $100 in reimbursement to those eligible customers who paid for (but never got) installation of an antitip device after Sears delivered the range. Alternatively, Sears will give consumers a $50 gift card good towards purchase of a new Sears range.

If all 4 million eligible consumers participate in this program, the corrective action could cost Sears $546 million, one economist estimates, plus up to $17 million in attorney fees.

We are pretty certain that the problem is not unique to ranges sold at Sears. The retailer's ranges are made by other manufacturers that also sell their own branded products. Those companies were not named in Public Citizen's lawsuit. Public Citizen said it will petition the Consumer Product Safety Commission to recall the millions of other stoves installed by other retailers—and ask for a stronger safety standard to prevent tip-overs as well as a  public alert.

For more information on the settlement, consumers can consult the settlement Web site.
 

CPSC takes aim at another magnetic toy

Despite the game's reassuring name, the Consumer Product Safety Commission recently recalled 250,000 Fun ‘n Safe Magnetic Dart Boards sold at Family Dollar stores. As the agency noted, the darts are anything but safe. The small magnet at the end of each dart can detach and, if found by young children, be swallowed or aspirated. If two or more magnets or magnetic components are swallowed separately, they can attract one another through intestinal walls.  This traps the magnets in place and can cause holes (perforations), twisting and/or blockage of the intestines, infection, blood poisoning (sepsis), and even death.

No such incidents or injuries have been reported with the recalled toy, which is fortunate given that the sets have been for sale since January 2001.

But as we’ve reported here before, scores of children have had to undergo delicate surgery to have magnets from toys removed from their digestive systems. And one child died after swallowing multiple magnets. The CPSC announced its first  recall of magnet toys in March 2006, which makes us wonder why it took so long for this product to be recalled.

Consumers who have the dart game should take the darts away from children immediately and return the set to a Family Dollar store for a refund. If any magnets have fallen out of the darts, make sure they are accounted for and dispose of them. For more information visit www.familydollar.com or call (800) 547-0359 between 8:30 a.m. and 5 p.m. PT Monday through Friday.

Ladder and heater recalls underline dangers

Two recalls announced this week by the Consumer Product Safety Commission underscore some longstanding safety concerns we've had about two very different products: ladders and oscillating heaters. Although the number of units involved in each recall was relatively small, they're an indication of the hazards of these products—and a reminder that it's prudent to conduct your own safety inspection of these items even if you own ones that haven't been recalled.

The CPSC recalled 152,000 "Aloha Breeze" portable electric heaters because they can overheat, melt plastic parts, and pose a fire hazard. There have been 29 reports of the heaters melting, smoking, or catching fire, including 18 reports of property damage and one report of minor burns to a consumer's hands and feet.

The heater was made in China and sold at Wal-Mart and small retail chain stores nationwide from August 2006 through November 2007 for between $35 and $45. The CPSC advises consumers to immediately stop using the recalled heaters and contact Aloha Housewares at 1-800-295-4448 to receive a free replacement product.

It was just recently that we expressed concerns about oscillating heaters—those that move from side to side. The problem: the current safety standard for oscillating heaters may not be strong enough. Although there's an effort underway to revise and strengthen the standard, we encourage you to be vigilant; use the oscillating mode only when necessary, and inspect the cord for fraying or weakness, especially where it enters the unit.

The CPSC also recalled 25,000 fiberglass extension ladders due to fall hazards. The extension or "fly" section of the "Louisville/Davidson" and "Michigan" brand ladders can fail to lock, posing a fall hazard to consumers. The recall involves only models made from September 2007 through October 2007 that were sold at industrial supply stores and home centers nationwide through December 2007 for $130 to $760. The date code can be found on the left side rail. The commission advises consumers to immediately stop using the ladder and contact Louisville Ladder for instructions on inspecting the ladder and receiving a free repair kit, if necessary. Call (800) 660-4356 or go to the firm's Web site, www.louisvilleladder.com.

About 164,000 ladder-related emergency-room visits and 150 deaths are reported each year by the CPSC. Log on to Consumer Reports Online to learn how to use a ladder safely before taking that next step.

Where's the recalled beef?

Four days after the nation's largest-ever beef recall, U.S. consumers still have no way of knowing whether they ate—or might have in their freezers—some of the potentially suspect meat, food safety experts at Consumers Union said Thursday.

On Sunday the U.S. Department of Agriculture announced the recall of 143 million pounds of beef after the Humane Society of the United States released troubling videos of cattle that were too weak to walk apparently being prodded to slaughter.

The USDA has not yet specified where that meat was distributed and sold, prompting CU and other groups to call on U.S. Secretary of Agriculture Ed Schafer to make that information public. In a letter sent late Wednesday, the groups also asked Schafer to enact a rule proposed two years ago that would open such information to consumers in the future.

"There's no law that requires the USDA to keep information on stores that sold recalled meat confidential," said Jean Halloran, director of the food policy initiatives at the national consumer advocacy group. "That's their own internal policy, and they can change it. In fact, they have been talking about changing it for the past two years—but they just haven't acted yet."

Traditionally, the USDA has kept information about schools, nursing homes, and retail outlets that receive meat involved in a recall secret from consumers and even from state health officials, unless the state agreed not to release the information to the public.

Two years ago, Consumers Union led a successful fight to circumvent USDA's secrecy policy, at least in California, by requiring producers and distributors of meat sold there to notify the state's Department of Public Health if their meat is recalled by USDA. California law now allows state health officials to release that information to the public. The law took effect July 1, 2007; the current huge recall is viewed as the first test of whether the new policy is actually working.

Early reviews are not promising. Elisa Odabashian, director of Consumers Union’s West Coast Office in San Francisco, said her inquiries suggest that state health officials still do not have detailed information on retail sales, and she expressed concern that some of the recalled beef might still be in the freezers of California schools.

"It does not appear that the new state law is working," said Odabashian, "and there's no excuse for that, particularly because this was a California meat producer that was subject to inspections by the California Department of Food and Agriculture."

The recalled meat was processed at Westland/Hallmark Meat in Chino, CA. Perhaps one-third of it went to federal food and nutrition programs—most of which probably wound up in school lunches.

The incident is the latest in a series of food safety failures, the CU advocates said. The current issue of Consumer Reports, which is published by the consumer group, carries an article on a recent rise in beef contaminated with E. coli. And a January 2007 report on bacterial contamination of chicken revealed that the chance of buying chicken carrying campylobacter or salmonella had jumped sharply from CR's  analysis four years earlier.

There are no reports of illness linked to the latest recall, federal health officials emphasized. But the Consumers Union experts said that the incident highlights a gaping hole in the food safety net. "In this case, for over two years the inspectors at this plant failed to notice that 'downer' cows [those that could not stand and thus might be sick] were being sent into the food supply, which is not supposed to happen," says Halloran.

She and Odabashian say they hope the immense publicity surrounding the episode will force the government to change its policy. Says Odabashian: "This is a travesty. It's unfortunate that only this kind of incident gets people fired up enough to demand change."

ATV casualties: Another year of bad news

The numbers are in, and they're not pretty. Last week, the Consumer Product Safety Commission released its annual report on ATV (all-terrain vehicle) deaths and injuries. (You'll need Adobe Acrobat software to see the report.) We can all debate where the fault lies (irresponsible riders? a regulation-resistant industry? lax rule makers?) until the cows come home, but that won't change the facts. Although the numbers below are the recorded deaths and injuries, the CPSC estimates the real figures are even higher. The agency extrapolates from reported deaths to calculate a national estimate. For 2005, for example, the CPSC now estimates there were 870 deaths, up from an earlier estimate of 767. For 2006, we expect the number to be even higher.

• ATVs killed 111 children under 16 and injured 39,300 seriously enough to send them to the emergency room in 2006.
• A total of 555 deaths and an estimated 146,600 injuries from ATVs were logged for that year.
• The ATV industry currently operates under its own voluntary standards. The CPSC, which is responsible for regulating ATVs, proposed some rulemaking in 2006. Welcome to 2008, and though we still don't have regulations, the agency did find time last week to put out a 119-page status report (Adobe Acrobat required to access the report) describing its progress toward getting some on the books.

Not that the CPSC thinks ATVs are safe. Far from it. On its educational Web site, ATVSafety.gov, the agency states, "ATVs are not toys! They are powerful and potentially dangerous vehicles." Given that ATVs can move at 60 miles per hour or faster and can weigh 700 pounds, it's no surprise that 27 percent of ATV injuries in 2006 were to kids under 16.

The CPSC spells out the various ATV hazards: "collisions with stationary objects (e.g. a tree or a fence), moving highway motor vehicles, and moving off-road vehicles; encountering rough, changing, or uneven grade with subsequent overturning of the ATV and/or ejection of the victim; overturning of the ATV on apparently level ground; and failure to turn or missing a turn in the roadway or trail, with subsequent collision, overturning of the ATV, and/or ejection of the victim."

Even if riders manage to avoid all of the above-mentioned collisions, they may still be in danger. On the same day the CPSC released its updated list of deaths and injuries, Polaris Industries recalled an additional 50,000 ATVs for faulty electronic control modules that can cause fires. The first recall was in 2005; since then, the company has received an additional 372 reports of smoking or melted ECMs.

We reiterate our call for strong, mandatory ATV safety standards. In the meantime, parents should never allow their children under the age of 16 to drive or ride as a passenger on an ATV.

Lightweight batteries in remote-controlled aircraft may pose a fire hazard

The Consumer Product Safety Commission has issued a warning about an emerging fire hazard from the battery technology used with remote-controlled helicopters and airplanes.

In the past four months, the agency has received 26 reports of remote-controlled helicopters igniting while being charged and one report of a helicopter igniting while in flight. Minor burns and property damage were reported.

The CPSC, in an alert issued last week, said that it was concerned about the toys' rechargeable lithium batteries (lithium-ion or lithium polymer). The batteries are favored for toys because they are lighter but they pack a lot of power in a small package “so consumers should use caution when charging and handling them,” the agency said. “Overcharging them can result in overheating, fire and/or explosion.”

CPSC spokeswoman Julie Vallese added that the agency is investigating to see whether this problem is specific to remote-controlled helicopters and airplanes or is a bigger issue affecting other products as well.

Meanwhile, the agency issued a recall for one specific remote-controlled toy, the Fun2Fly Microcopter helicopter made in China, imported by Soft Air USA Inc. and sold in sporting good stores and other retailers from May 2006 through December 2007. The agency said that the rechargeable battery inside the helicopter may catch fire during charging, igniting the helicopter and nearby combustible materials. Soft Air USA has received six reports of helicopters igniting, including one minor injury. Consumers are advised to immediately stop using the recalled toy and return it to the retailer where it was purchased for a full refund.

The CPSC recommends that all users of remote-controlled toys containing rechargeable lithium batteries take the following safety precautions:

• Do not leave a toy unattended while charging it.
• Have adults do the battery charging.
• Charge the toy on a non-flammable surface and keep it away from flammable items.
• Turn off the charger when the toy’s battery is charged and always unplug it from the toy.
• Disconnect the AC wall chargers from outlets while not in use.
• If the toy has been damaged, immediately stop using it, unplug it and safely remove the toy from flammable materials.
• Follow the manufacturer’s instructions for charging the toy and do not charge the toy longer than recommended.

Bill to protect kids in and around cars passed by Senate

The U.S. Senate gave parents and safety activists a valued Valentine's gift yesterday when it unanimously passed a car safety bill that will lead to the installation of safety features as standard equipment in all vehicles. The bill, the Cameron Gulbransen Kids Transportation Safety Act of 2007, was named after two-year-old Cameron, who was killed when he was inadvertently backed over by an SUV driven by his father because the blind zone behind the vehicle made it impossible to see the boy. The House passed this measure late last year. "We are deeply grateful for the support and dedication of the families and that both the House and Senate have now completed action on this important measure," said Ellen Bloom, Director of Federal Policy for Consumers Union, the publisher of Consumer Reports. "We hope the President will quickly sign it into law."

The bill addresses three of the most serious causes of preventable injuries and fatalities to young children in and around motor vehicles: being struck by a backing vehicle with an unacceptable blind zone, getting caught in an automatically closing power window; and the ability to place a vehicle in gear without having to depress the brake, resulting in an uncontrolled rollaway. 

Specifically, the legislation directs the U.S. Department of Transportation to issue new safety standards within specific time periods that will lead to the installation of safety technologies as standard equipment in all vehicles to prevent deaths and injuries in non-traffic situations.  These safety features are already available as standard equipment, upgrades or optional equipment in many makes and models of vehicles.  The bill also requires the department to establish a database of non-crash incidents and develop a program to provide the public with safety information regarding non-traffic dangers to young children. 

The Gulbransens and at least 21 other families whose children were killed or seriously injured in non-traffic vehicle accidents threw their support behind passage of the bill. The children affected ranged in age from eight months to seven years. Most were killed in backover incidents. These families suffered the unimaginable yet worked hard to make the world a safer place for children in and around motor vehicles.

The action was successfully pushed through Congress by a broad coalition that included Kids And Cars, Advocates for Highway and Auto Safety, Public Citizen, Center for Auto Safety, CFA, NCL, the Trauma  Foundation, and Consumers Union.

“With today’s Senate passage, the Congress has spoken clearly—the safety of our children is a top priority," said Janette Fennell, president of Kids and Cars. We heartily agree.

Related video
See Consumer Reports interview with Dr. Greg Gulbransen.

Readers react to Hannah Montana seat belt flap—and so does Miley's family

We are overwhelmed by your response to our blog posting about Hannah Montana, the alter ego of Miley Cyrus, and want to thank everyone who contributed to the broad range of comments we received. It seems that our attempt to raise awareness about the importance of rear seat belts has raised the ire of many Hannah Montana fans. 

First, we want to make it clear that we are not anti-Hannah. In fact, some of us are big fans—and more important, my two daughters would not speak to me if they thought we were unfairly criticizing their idol. It's precisely because we understand the positive impact that someone like Hannah Montana can have that we are emphasizing the importance of such role models promoting safety. As an organization that tries to help consumers understand and manage their risks we consider it our responsibility.

And this isn't the first time we've taken public figures to task on this issue.  Last year, we pointed out that New Jersey Governor Jon Corzine wasn't wearing a seat belt when he was severely injured in an accident. Corzine later made a public service announcement promoting seat belt use.

Many of you felt that we were making a big deal out of a movie.  But the reality is that movies and television shows do influence how kids, and adults, act in everyday life. Producers, directors and actors can influence public behavior through their movies and television shows—and they can make a difference. Billy Ray Cyrus, Miley's celebrity father, so much as acknowledged that today when he issued an apology published on People Online.  "We got caught up in the moment of filming, and we made a mistake and forgot to buckle our seat belts," Cyrus told People. "Seatbelt safety is extremely important." We applaud the Cyrus family for being proactive and for recognizing that wearing seat belts in rear seats is essential.

We are concerned that some comments on our blog promote a misconception that rear seat passengers don’t need safety belts. Simply put, not wearing seat belts while riding in the rear seat of a vehicle is dangerous. According to 2006 data compiled by the National Highway Traffic Safety Administration, 58.2 percent of all rear seat fatalities involved passengers who were not wearing seat belts, compared to 32.7 percent of fatalities for rear seat passengers who were wearing seat belts. Failing to buckle up is dangerous not only to the rear seat passengers, but to other passengers in the vehicle. Unbelted passengers in a rear seat can become projectiles in a crash, potentially striking and killing front seat passengers.

In the U.S., many states have laws requiring seat belt use for all passengers.  Penalties can be as high as $200 or points on your license.

If you plan to see the Hannah Montana movie, we hope that when you get in your car to drive to the theater you take the suggestion of some of your fellow readers and take advantage of that "teaching moment" to make sure you and everyone in your vehicle is buckled up.  And then go enjoy the movie like I did with my daughters. —Don Mays

More on back seat belting
Seat belt use is an issue in other countries as well. To underscore the dangers of not wearing rear seat belts, the United Kingdom has produced a public service spot, originally broadcast in prime time, that we want to share with you.  But be forewarned before you click on this link that the material in the video is very graphic and disturbing.

Note to Hannah Montana: Seat belts are necessary not an accessory

Many parents would agree that 15-year-old superstar Hannah Montana, a.k.a. Miley Cyrus, is a good role model for kids.  But a gaffe in her Disney blockbuster 3-D movie, "Hannah Montana/ Miley Cyrus: Best of Both Worlds Concert Tour" might challenge that opinion. 

Why?  One scene in the movie shows Miley and her dad, country music star Billy Ray Cyrus, riding in the back seat of a Range Rover on the way to rehearsal for the concert tour.  Neither was wearing a seat belt.

Why should we care?  Because, according to the National Highway Traffic Safety Administration, in about 55 percent of passenger vehicle fatalities in 2006 (the latest data available), the occupants were not wearing seat belts.  Even worse, in the 13- to 15-year-old age group, that percentage climbs to 65 percent.  Unfortunately, we’re not surprised by these grim statistics because a 2002 survey by the Insurance Institute for Highway Safety showed that when parents were dropping teens off at school in the morning, nearly half the teens weren’t using seat belts.

It seems to us that Miley, her father, and Disney had a perfect opportunity to help influence teens and counteract—rather than encourage—this trend.  Then again, as Hannah herself sings, "Everybody makes mistakes."  Maybe Hannah, Billy and Disney, will take a tip from the rest of Hannah’s song and get it right next time around: "Nobody's Perfect! I gotta work it! Again and again 'til I get it right. Nobody's Perfect!"

Update
Miley's dad, Billy Ray Cyrus, says "we made a mistake" and agrees that seat belt use is "important." Read the full story.

Oscillating space heaters may pose an added risk

Using any heating appliance comes with a  certain level of risk, and electric space heaters are among the riskiest.  According to the U.S. Fire Administration, space-heater fires in U.S. residences are more deadly than other types of heating fires. They account for 40 percent of heating-related deaths and 30 percent of injuries associated with heating.  More than 25,000 residential fires every year are associated with the use of space, or room, heaters, according to the U.S. Consumer Product Safety Commission. Each year, more than 300 people die in these fires, and another 6,000 people receive injuries severe enough to require hospital treatment.

In the past 10 years, the CPSC has issued recalls of 32 electric heaters of all different types.  Six of those were oscillating heaters—those with motors that move them side-to-side to distribute the heat. Most of the recalls for oscillating heaters were due to overheating, smoking and, in some cases, fires.  Those risks are present with all electric heaters but oscillating heaters may have additional risks.  We wonder if oscillating heaters are a good choice for supplemental heating.

Our concern is that the current safety standard for oscillating heaters, as written by Underwriters Laboratories, may not be strong enough.  As a result of fires and other electrical problems with oscillating fans, UL strengthened its fan standard to require all oscillating fans to pass a 750,000-cycle test to ensure the electrical cords and other connections can sustain long-term oscillation.  But oscillating electric heaters currently undergo only a 100,000-cycle test.  Given that heaters draw significantly more electric current than fans, the standard should be tougher  when it comes to durability associated with oscillation.

The standard for oscillating electrical heaters is in the process of being strengthened, according to John Drengenberg, consumer-affairs manager at UL. That’s good news, but it will take 12 to 24 months for the change to be implemented for new products.

In the meantime, if you own an oscillating heater, inspect the cord carefully, particularly at the point where it enters the unit.  If there’s any fraying or weakness in the cord, unplug it, cut the cord, and dispose of the heater properly.  If your heater checks out, use the oscillation mode only when necessary, and give it an occasional once-over to make sure there are no failures waiting to happen.

Related reading
To learn more about space heaters, read our recent report  including a video and Ratings (for subscribers). 

Three deaths prompt county's warning on use of pillows in cribs

A heartbreaking report in the local newspaper this week serves as a sad reminder of why we have long discouraged the use of all soft bedding, including pillows and bumper pads, in cribs and bassinets.

According to the Journal News, Westchester County (N.Y.) officials are warning parents about the use of crescent-shaped infant and nursing pillows after the pillows were found in the cribs of three county children who died in 2006. While the cause of death in all three cases was determined by the Medical Examiner to be the result of Sudden Infant Death Syndrome (SIDS), a report by the county's Child Fatality Review Team said it was significant that each case involved the improper use of a crescent-shaped pillow in the infant’s sleeping environment.

Two of the deaths involved infants found propped up or resting in some fashion on crescent-shaped pillows. A third case involved the death of a child in a crib with a crescent-shaped pillow in close proximity to the child.

Crescent pillows are intended for nursing mothers and include the popular Boppy, which says on its web site, “We do not recommend using any of the Boppy pillow products for babies while sleeping.”

Because such warnings too often go unheeded, we'd like to remind parents once again that when it comes to bassinets and cribs, bare is best.  Don't buy puffy or padded bumper guards, sleep positioners, pillows, quilts, duvets or stuffed animals for your baby's crib. Experts have long recognized the suffocation risk inherent in such soft crib bedding.

Would you like some tuna with that mercury?

Some months ago we reported on a new study that found high mercury levels in blood samples from New Yorkers who eat a lot of fish—particularly affluent consumers, who presumably eat more expensive high-mercury varieties like tuna and swordfish. In January, results of new tests commissioned by The New York Times showed how concentrated mercury has become in one of the most popular kinds of sushi.

The newspaper purchased tuna sushi samples from 20 restaurants and stores in New York City and tested them for mercury. Levels detected in some samples  exceeded the Food and Drug Administration's action level of 1 part per million, a threshold for which the FDA can remove fish from sale. The Times then calculated how many pieces of sushi it would take to deliver a dose of mercury greater than what the federal government considers acceptable. Those numbers ranged from 2 to 10 for restaurant sushi and 4 to 72 for gourmet/grocery story sushi. In general, the samples from restaurants showed higher levels of mercury than those from markets.

Expensive grades of tuna tend to come from larger, older fish that are more prone to accumulating high levels of mercury. Mercury exposure from fish has been linked to a range of neurological and developmental damage in young children as well as cardiovascular disease in adults. So sushi-lovers, particularly women of childbearing age should get to know the fish in their favorite selections and choose pieces known to be lowest in mercury. To learn which species have been found in past FDA tests to carry the lowest levels of mercury, see our June 2006 story on mercury in tuna.

Unfortunately, the FDA does not routinely test seafood for mercury, or fish used specifically for sushi, which could be different from fish fillets sold in the store.

Consumers Union has long advocated for stricter standards for mercury in fish and stronger consumption advice for consumers, which FDA officials say they are in the process of reviewing.  Hopefully they won’t rely on the fish industry to craft their policies, as some other organizations have in recent months.

Related reporting

• More testing of tuna to address mercury concerns (NY Times)
• Taking worry off the plate (NY Times)
• Making sense out of mercury in fish (NPR)

Evenflo recalls one million Discovery car seats

The National Highway Traffic Safety Administration (NHTSA) announced that approximately 1 million Evenflo Discovery child safety seats are being recalled because the seats could fail to adequately protect children in a high-impact side collision. The seats being recalled are Models 390, 391, 534, and 552 manufactured between April 2005 and January 29, 2008. The model numbers and date of manufacture are located on a white label at the bottom of the car seat.

“Consumer Reports has long had concerns about the safety of children in side-impact collisions,” says David Champion, senior director of automotive testing for Consumer Reports. “We’re pleased to see NHTSA addressing the issue."

The Discovery car seat is designed with a convenience base that attaches to the vehicle's seat and allows the seat to be attached or removed from the vehicle without removing the base. Tests conducted by NHTSA and the Evenflo company have found that this car seat has the potential to separate from its base. Parents are urged to immediately contact Evenflo for a free supplemental dual-hook fastener to ensure the seat doesn't separate from the base. However, NHTSA says parents should continue to use the child safety seat while waiting for the fastener to arrive.

Owners of the affected seats can contact Evenflo toll-free at 800-356-2229 between 8 a.m. and 5 p.m. EST or visit its Web site.

Consumers with questions about this or any other safety recall campaign may call NHTSA's toll-free Vehicle Safety Hotline 888-327-4236 or go to http://www.safercar.gov.

For more information, see Consumer Reports car seat Ratings.

The CPSC's quorum to expire—again

Here we go again.

Over the weekend, the Consumer Product Safety Commission will lose its quorum—just like it did for eight months in 2007 before Congress gave it a temporary reprieve to continue to operate with full authority.

Why should you care? Because without a quorum (in the CPSC’s case a quorum means having three commissioners), the agency’s activities are limited. It cannot vote on new safety standards, issue mandatory recalls, or take further action on civil penalties above $50,000 against firms that have failed to report defective or hazardous products.

Given the recent rash of recalls and heightened concerns about import safety, this is certainly not the time for the agency to be operating with its hands tied.  If President Bush were to nominate someone to chair the CPSC this late in his term of office, it is unlikely that the Senate would confirm any candidate.  We already saw Democrats and consumer groups, including Consumers Union, balk last year when Bush nominated Michael Baroody, the head lobbyist for the National Association of Manufacturers, to the post. Baroody eventually withdrew his nomination.

Given the current environment, it’s imperative that Congress move quickly to once again give the CPSC temporary authority to act as if a quorum still exists. CPSC reform bills that are currently moving through the Senate (S. 2045), and have already passed the House (H.R. 4040) promise to do just that.  Once passed, the CPSC quorum will be extended for another nine months.  We urge the Senate to move their bill quickly so as not to leave American consumers inadequately protected from unsafe products.

For those of you trying to figure out how we arrived here again, this time line might help:

July 17, 2006 Nancy Nord assumes acting chairmanship of the CPSC after chairman Hal Stratton leaves the agency. Along with commissioner Thomas Moore, the CPSC now has only two members, which is one less than a quorum. Under law, it can continue to act as if it has a quorum for six months.

January 2007 The six months run out.  Although the agency’s work doesn't come to a complete standstill—it still issues voluntary recalls—the CPSC is unable, for example, to recall a dangerous ATV designed for children (it had no front brakes) because the importer did not agree to a recall.

March 1, 2007 President Bush nominates Michael Baroody, head lobbyist for the National Association of Manufacturers to head the CPSC.

May 23, 2007 After growing opposition from Senate Democrats and consumer groups, Baroody withdraws his nomination to chair the CPSC.

August 3, 2007 President Bush signs into law a homeland security bill that includes an amendment by Sen. Mark Pryor (D-AR) to restore the commission’s full powers for six months.

February 3, 2008 The extension of the quorum expires.