Update: House of Representatives passes safety reform

Legislation that would ban lead in toys and give the Consumer Product Safety Commission more clout and resources got a step closer to becoming law Wednesday when the House of Representatives voted 424-to-1 to support the reform.

“The countdown to safer products has hopefully begun in earnest today with the bi-partisan House passage of sweeping product safety reforms," said Ami Gadhia, Policy Counsel with Consumers Union. "The Senate must also pass this legislation this week, and the President should sign on the dotted line so that the overhaul of the beleaguered CPSC can finally start. That's when consumers will start to have more confidence in the safety of the products they buy.” 

Learn more about the legislation and the consumer groups that support it from Consumers Union, publisher of Consumer Reports.

Strain of Salmonella linked to outbreak found in second type of pepper

An expanded warning on peppers—this time including serranos from Mexico—has been issued by the Food and Drug Administration after it was discovered that both a sample of a pepper and a sample of irrigation water collected on a farm in the state of Nuevo Leon, Mexico contain Salmonella Saintpaul with the same genetic fingerprint as the bacteria that is causing an outbreak that has sickened more than 1,300 people across the country.

As a result, until further notice, the FDA is advising consumers to avoid both raw serrano peppers and raw jalapeño peppers if they were grown, harvested or packed in Mexico, as well as any foods that contain them. Serranos and jalapeños grown in the U.S. are not connected to the outbreak, nor are  commercially canned, pickled or cooked jalapeno peppers.

The latest finding comes after months of tracking the source of the outbreak that was originally thought to have been caused by tomatoes. While tomatoes have not been cleared as a cause, the FDA has indicated that tomatoes now on the market are safe to eat. The Centers for Disease Control and Prevention says on its Web site that, although it's unusual, it appears likely that "more than one food vehicle is involved in this outbreak."

Last week we reported that Salmonella Saintpaul had been traced back to a jalapeño pepper that had been provided by someone who was ill. That discovery was the first time the strain of Salmonella Saintpaul had been linked to a piece of produce and caused the investigators to turn to peppers grown in Mexico.

The investigation continues and the FDA is working with state regulatory agencies and food industry groups representing restaurants, grocery stores and wholesalers to make sure that their new advisory is clearly understood.

We'll continue to report on developments in the case and both the FDA and the CDC are issuing daily updates on their Web sites. This graphic shows how the FDA has been tracking the suspected food items.

Congress agrees on product safety legislation

It has been a long time coming—and desperately needed—but late Sunday night House and Senate conferees reached agreement on the broadest-sweeping product safety legislation since the inception of the Consumer Product Safety Commission (CPSC) in the late 1970’s.  The Consumer Product Safety Improvement Act of 2008 will now go to the floors of the House and the Senate for ratification, and then to President Bush for signature. 

The legislation was introduced last November following a record number of toy recalls due to lead paint, hazardous magnets or toxic chemicals.  The House passed the bill on December 19, 2007.  The Senate followed suit with its own version of the bill, which passed that chamber on March 6.  The complexity of the bill and its numerous provisions made reconciling the differences between the House and Senate version a daunting task.   

“We are extremely pleased that Congress has resolved the issues that have mired this legislation. The CPSC will now get the shot in the arm that has long been needed," said Ellen Bloom, Consumers Union’s Director of Federal Policy. "We fully expect that they will use the tools given to them by this legislation to prevent unsafe products from finding their way to our store shelves and into our homes.”  Consumers Union worked closely with other consumer groups including the Consumer Federation of America, Kids in Danger, the National Research Center for Women and Families, Public Citizen, Union of Concerned Scientists, and the U.S. Public Interest Research Group, to make sure this legislation would give the CPSC the resources and authority it needs to protect consumers, especially children, from unsafe products.

Here are some of the key provisions in the bill:

• Lead will be essentially eliminated from all children’s products, and not just the paint.  Lead limits for paint will also be reduced to a minute amount.
• The toy safety standard, for which compliance has been voluntary, will become mandatory, thus protecting children from hazards not currently covered in federal regulation.
• Toys and other children’s products will be required to be tested for safety by independent laboratories before they are sold.
• The CPSC will establish tough safety standards for 12 categories of juvenile products including cribs, and will require them to include product registration cards so that consumers can more easily be reached in the event of a recall.
• The CPSC will receive substantial increases in resources, including a significantly higher budget, more staff, a new laboratory, and computer systems so they can more effectively protect consumers from unsafe goods.
• The CPSC will establish a publicly-accessible database to help consumers report and learn about hazards posed by unsafe products.
• The limit on civil penalties that the CPSC can levy on wrongdoers has been significantly increased, which will serve as a more effective deterrent for companies who consider disregarding their rules. 
• State Attorneys General will have the necessary authority to enforce products safety laws.
• All-terrain vehicle (ATV) safety standards will now become mandatory.

—Don Mays

Candy-like 'fruit bomb' sends three children to the ER

They are called "Fruit Bombs" and they come in a square foil pouch with cartoon characters and pictures of bananas, oranges and other fruit on the front. Little dialogue clouds with the word "Poot!" decorate both the front and back of the shiny packages.

Sounds like the latest "gross out" candy that will soon be all the rage with the kiddie set, right? Well, not exactly. Fruit Bombs are in fact novelty air fresheners, although it is all but impossible to tell that from looking at the package.

Health officials in western New York are now warning parents and retailers about Fruit Bombs after a Buffalo-area convenience store put them out for sale on its candy aisle alongside the Starburst fruit chews and Snickers chocolate bars. Three young girls were rushed to the emergency room after eating some of the 30-cent Fruit Bombs they had purchased at the store.

Within 15 minutes of opening one of the pouches and sharing the liquid capsule and powder inside, one of the girls who had eaten the most, vomited and another complained her throat was burning. The third spit hers out because of the nasty taste, according to the Associated Press.

There is no manufacturer listed on the Fruit Bomb package or the store display box, nor is there any listing of ingredients. The package does say "Made in Taiwan" and in very small letters on the back are the warnings "Eating Prohibited" and "Please Do Not Put in Mouth."

The mother of two of the girls who got sick told the AP that the packaging was to blame.

"It was located on a candy shelf. The owner of the store itself mistook it for candy," said Dee Hafi. "There is no way by looking at the package that you would know it’s not candy."

Dr. Prashant Joshi, medical director of the Western New York Poison Center, told the AP that the pouches contain a capsule of citric acid that, when broken inside the pouch, mixes with baking soda, causing a chemical reaction that puffs up the bag until it bursts, releasing various odors.

Joshi said the local poison control center is trying to find the manufacturer and intends to alert the federal Consumer Product Safety Commission about the item.

Here we go again
Lately we have found ourselves writing a lot about products like this aimed at kids, everything from gummy-type fruit chews shaped like Legos (and made by Kellogg's) to Hello Kitty candy perfume.

In the good news department, the Lego Group recently let us know that it has "decided to exit the food category altogether—for no reason relating to consumer issues around the Kellogg product."  We commend Lego's action, although it would have been better if the company had just said no to the idea of fruit snacks shaped like its iconic building bricks.

Such products need to be subjected to more than the usual taste test before being marketed to kids. First and foremost, they need to pass a common sense test.

Booster seat laws vary from state to state

Recent changes to booster-seat laws in Kentucky, Massachusetts and Michigan expose the hodgepodge of state rules that govern the use of safety seats by children older than four. The states are uniform in their requirement that children use a car seat until they outgrow front-facing child restraints, usually around the age of four and 40 pounds. But at that age and size kids are still too small to ride safely using only the vehicle's seats belts, which are constructed to fit adults. Booster seats elevate children to a height where they can wear the car's belts correctly.

As many as one half of children ages 4 to 7 are not properly protected when riding in a car, according to a study conducted by the National Highway Traffic Safety Administration.  In the study, 35 percent of children were prematurely using the car's seat belts without a booster and 15 percent were unrestrained— meaning not wearing a seat belt at all.

Not every state has a booster seat law. And even states that have passed laws fail to agree on what age, size or weight a child should be to graduate from a child restraint to car seat belts. New laws in Massachusetts and Michigan, for example, require children younger than eight or smaller than 4-feet, 9-inches to use booster seats. Kentucky's new law, however, only requires kids younger than seven and shorter than 4-feet, 2-inches to be belted in a booster.

With such a variety of state laws, it's hard for a parent to know what to do.  Jennifer Stockburger, program manager for vehicle and child safety at Consumers Union, says it's good to acquaint yourself with the laws in your state and others if you are planning to travel.  At CU, publishers of Consumer Reports, we recommend that you follow these four rules for determining whether your child is ready for adult seat belts rather than following your state's law alone.

1. Make sure the shoulder belt lies across the chest and shoulder blades and away from the neck.
2. Position the lap belt across the hips and upper thighs and not across the abdomen.
3. Make sure the child's back is against the seat back and that his knees bend comfortably over the seat cushion without needing to slouch.
4. Your child should be able to sit in that position comfortably for the duration of the trip.

Stockburger notes that children who are moved to adult belts prematurely too often suffer neck and abdominal injuries in car accidents.

CU is not alone in advocating that children remain in booster seats until they're ready for adult belts. NHTSA  recommends that children stay in booster seats until they are at least eight years old and 4-feet, 9-inches. So does the American Academy of Pediatrics, which has a  guide to child restraints on its Web site. Consumer Reports' Babies & Kids blog has a helpful timeline that parents can follow for proper car seat use for growing children.

President signs bill to make gas cans safer

President Bush recently signed into law the Children’s Gasoline Burn Prevention Act, a law that requires all portable gasoline containers sold after January 16, 2009 to have child-resistant closures. As we previously noted, this law closes a loophole that exempted gas cans from requirements that containers for dangerous household materials—including flammable liquids— be child resistant.

Now, gasoline containers will have to meet ASTM-International F 2517  (Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use). Some manufacturers already comply voluntarily with the standard.

Although Consumers Union supported the development of the standard, we also want consumers to recognize that it’s not foolproof. The standard requires only 80 percent effectiveness, which still puts some particularly determined or intuitive young children at risk.  So it’s still necessary to take precautions with stored gasoline cans. CU and the the Consumer Product Safety Commission offer the following tips.

• Whether or not your gasoline can has a child-resistant closure, keep gasoline, kerosene and other fuels well out of the reach of children.
• Place gasoline containers in a well ventilated, cool area.
• Never store gasoline or other fuels inside the house, in a basement, or near a fuel-burning appliance, open flames, pilot lights, stoves, heaters, electric mowers or any other sources of ignition.
• Never smoke near gasoline.
• Never store gasoline in the trunk of a vehicle.

Please note that even some gas cans that meet the standard may not be the best choice. In our tests of spill-resistant gas cans (see photo above) our testers found some child-resistant features so cumbersome that adults may be tempted to bypass them altogether. “Those that use removable disks to prevent the flow of gasoline were especially annoying,” says John Galeotafiore, CU’s Associate Director of Home Improvement.

Dirt Devil recalls 987,000 turbo tool attachments

Dirt Devil today recalled 987,000 vacuum attachments because plastic pieces inside the tool can break apart and be ejected, posing a laceration hazard to consumers. TTI Floor Care, the manufacturer, has received 140 reports of incidents involving the recalled tool, including 12 reports of injuries. The injuries were to the eyes and skin and also one thumb injury.

According to the recall notice issued by the Consumer Product Safety Commission, the Dirt Devil Turbo Tool/Power Brush attachment was sold as an accessory with 18 different models of Dirt Devils. Only vacuum tool accessories with date codes J7060 through J7365 that have a C-clip connector are included in this recall (see the illustrations on the Dirt Devil Web site). The date code is located on the underside of the vacuum accessory. The tools are  6 ½ inches long by  5 inches wide and come in a variety of colors that match the vacuum.

Made in China, the tools were sold at mass merchandisers, home improvement stores and other retail stores nationwide from April 2007 through April 2008 for between $60 and $170 for the vacuum cleaner, including the accessory tools. Consumers should immediately stop using the tool—although they can continue to use the upright vacuum—and contact TTI Floor Care to receive a free repair kit at (800) 245-2296 between 8 a.m. and 7 p.m. ET Monday through Friday, or visit the firm’s Web site at www.dirtdevilturbotool.com

Child's drowning leads to manslaughter charges against pool builder

In what is believed to be the first case of its kind, the president of a Connecticut pool company has been charged with manslaughter in the death of a six-year-old boy who drowned last summer after becoming entrapped by the powerful suction of filter pumps connected to pool drains.

David Lionetti, the president of Shoreline Pools of Stamford was charged with second degree manslaughter for allegedly failing to install mandatory safety devices in the pool where Zachary Cohn of nearby Greenwich drowned last July.

Under a Connecticut law adopted in 2004, new pools must have three or more anti-entrapment features included to ensure safety: an approved anti-vortex drain cover, a dual drain system in which two suction drains are located at least three feet apart to split the force of the suction, and a safety vacuum release system that cuts power to the pump when an object blocks the flow of water through the drain.

In earlier postings, we wrote about a new federal pool and spa safety measure that was signed into law in December. The Virginia Graeme Baker Pool and Spa Safety Act requires that by December 19, 2008, all public pools and spas have safety drain covers, and in certain circumstances, an anti-entrapment system.

Tragically, over the past eight years there have been nine deaths and 63 injuries caused by the entrapment of people by suction from pool drains, according to the Consumer Product Safety Commission. Broken or missing drain outlet covers are a leading cause of such incidents, according to the CPSC.

Just last week, a four-year-old Miami girl nearly drowned when her arm was caught in the vacuum drain of her family's backyard swimming pool.  Such incidents highlight the need for these safety measures.

One pool-safety advocate told ABC News that he is hopeful the prosecution of Lionetti will send a strong message to swimming pool owners, contractors and government building officials. "As a result of this arrest we are anticipating that many pools will now be made safe and compliant," said Paul Pennington, spokesman for the Pool Safety Consortium.

Brian and Karen Cohn, the parents of the boy who drowned in Greenwich, issued a statement through their attorney saying the prosecution would draw attention to the necessity for anti-entrapment devices and legislation making them mandatory, according a report in the Greenwich Time newspaper.

This past January, the Cohns filed a suit against Shoreline Pools, the town of Greenwich, and others involved in the construction of the pool, claiming the pool violated state building codes because the drainage system did not have necessary safeguards to shut off suction if an object blocked the drain.

"Nothing will bring our son back, but we hope this prosecution will help prevent another horrific accident like this from happening to someone else," the statement said. "Those who knowingly violate pool safety codes designed to protect children should be held accountable for their actions."

State Attorney David Cohen told the Greenwich Time that Lionetti's company failed to install a legally required safety vacuum-release system on the Cohn family's pool, and a mandated dual-drain system, Cohen said.

Under Connecticut law, municipal building inspectors are responsible for ensuring that pool plans are up to code and for inspecting the finished pool before issuing a certificate of occupancy. The Cohn's lawsuit contends that the town issued the permits without inspecting the plans and did not conduct a final inspection before issuing the certificate.

The case is being closely watched in both the safety and legal communities. If convicted, Lionetti faces up to 10 years in prison.

Pacifiers for baby 'stars' recalled for posing choking hazard

A passel of pacifiers—115,000 in all—emblazoned with cheerful slogans were recalled by the Consumer Product Safety Commission today because they pose a choking hazard to infants. It's My Binky, importer of the white, pastel pink and blue pacifiers has gotten reports of the pacifier button, ring handle and shield with nipple detaching. No injuries have been reported. Parents should take the pacifiers away from babies immediately.

Painted with such slogans as, "My Mom Rocks," "Rock Star" and "Mute Button," among many others, the pacifiers were sold at Nordstrom and baby boutique retail stores nationwide and online at www.itsmybinky.com from February 2006 through June 2008 for between $5 and $6. The recalled pacifiers have "Japlo" imprinted on the front of the pacifier shield at the bottom, center.

The pacifiers can be returned to the store where purchased for a free replacement pacifier. Those who bought the pacifiers online should contact the company at (888) 689-9444 between 8 a.m. and 4:30 p.m. Monday through Friday PT or visit the firm’s website at www.itsmybinky.com.

More on pacifiers from Consumer Report

• Pacifier pointers for parents
• How safe is your baby's pacifier?
• Banning the binky

 

The smokin' jalapeño: Salmonella strain discovered in pepper

Calling it a "very important break in the case," the Food and Drug Administration today said it had found the strain of Salmonella responsible for a nationwide food-poisoning outbreak (Salmonella Saintpaul) in a Mexican-grown jalapeño in a Texas plant. The finding prompted a new warning for consumers to avoid eating fresh jalapeños or items made with them (fresh salsa). Processed or pickled peppers are still safe to eat.

The discovery is the first time the strain of Salmonella Saintpaul has been linked to a piece of produce in the months-long investigation that began with a probe of tomatoes in April. The agency issued a warning to avoid certain kinds of tomatoes in early June but lifted it last week.

Since April, 1251 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 43 states, the District of Columbia, and Canada.Two deaths have been attributed to the outbreak.

The finding doesn't mean that Mexican jalapeños are the source—the pepper may not have been contaminated on the farm but somewhere else in the distribution chain. On the conference call announcing the discovery, the FDA identified the vegetable distribution plant as Agricola Zaragoza, Inc. of McAllen, TX.  It’s a small operation, so it’s unlikely that this is the major source for all the problems. The peppers processed at the plant are being recalled.

The Centers for Disease Control and Prevention said that in addition to peppers, tomatillos are packed at this plant. Officials didn’t say where in the distribution chain this packing plant falls. Is it one step away from the field or many?

Still, it's a solid piece of evidence in an investigation that has confounded researchers—and consumers— for many months.

Owners of recalled cribs ask, "Where's my baby going to sleep?"

A number of distressed parents and grandparents have posted comments about last month's recall of 320,000 Jardine cribs complaining about the lengthy and unwieldy process they've had to go through to get replacement cribs. They have our sympathy, but it may take more than that to get satisfaction—and a safe crib.

As we wrote in June, the Consumer Product Safety Commission recalled 320,000 cribs made by Jardine Enterprises and sold for the past six years at retail and online outlets of Toys 'R' Us properties. The reason for the recall? The wooden slats and spindles can break, leading to entrapment and strangulation hazards. At the time of the recall, the CPSC had received 42 reports of crib slats and spindles breaking including four in which children became entrapped in the gap created by the broken piece. Two children were scraped or bruised.

The recall notice directed owners of the cribs to the Jardine Web site, which spells out details on getting a voucher for a replacement crib. Many parents who wrote us  were surprised to see that they had to dismantle the crib and follow a multi-step process to get the voucher. Here's what they're directed to do after they request a recall kit:

• Remove mattress support hardware and identification label using the kit's instructions and Allen key that is provided.
• Place the bolts, mattress support plates, identification label and signed acknowledgment form in the prepaid shipping envelope provided.
• Send the envelope to Jardine via UPS.

Those who send in the hardware and acknowledgment are promised a voucher in "one to two weeks," a time period most parents thought was too long. As Sarah wrote, "I am an owner of one of the recalled cribs—I contacted the manufacturer immediately and am furious to find out that the process involves me shipping the bolts and screws along with the mattress supports to the manufacturer before getting the voucher for a new crib—which is stated to take 1-2 weeks. Where does the manufacturer think my child will sleep in the meantime?"

Jane, a grandparent who bought two of the cribs, agreed and added, "I purchased two of these cribs for two of my grandkids. Now, I am supposed to go through the difficult process of submitting for a voucher. In the meantime, each child will be without a crib during the delay."

A self-described, "Annoyed Mom," was also troubled by the fact that her baby needed alternate sleeping accommodations while she goes through the replacement process. "Theoretically we will EVENTUALLY get a new crib for our son, but it seems like we will be up to a month of "camping" in a borrowed pack and play until that actually happens! What a nightmare for an already harried household and a great way to upset our 6 month old's fragile sleeping habits!!! Grrrr."

We hear your frustration. Our advice: Don't be tempted to put your little one in your adult bed while you are waiting to receive a voucher; that can be a risky practice that poses suffocation hazards.  Instead, place your child in a portable crib or playyard, which will be a much safer, albeit temporary, sleeping environment.

A spokesman for the CPSC says that the agency is taking steps to guide parents through the process. "From the day the recall was first announced, CPSC has strongly advised parents to not place their babies and toddlers in those Jardine cribs that were recalled," said Scott Wolfson.

"To help parents deal with the challenge of finding a safe alternative sleeping environment for their children, CPSC partnered with a non-profit organization that is helping economically disadvantaged families that are desperately in need of a free crib. Parents can contact CPSC Public Affairs at 301-504-7908 if they face this situation," he said.

"Additionally, CPSC worked with Toys 'R' Us and Babies 'R' Us to ensure that all of their stores would accept the Jardine vouchers for reimbursement, if a family went out today to buy a new crib, Wolfson said. "This also applies to online purchases of new cribs. Ensuring that babies are placed in safe cribs is among our highest priorities."

For more on crib safety, read "Safer sleeping for babies" on our Babies & Kids blog.

FDA says it's okay to eat tomatoes again

It's safe to eat tomatoes again. The Food and Drug Administration today announced that it is lifting its Salmonella warning on tomatoes amid signs that an outbreak that began this Spring has been slowing. Jalapeño and Serrano peppers, however, are still suspect, the agency said.

Consumers can now eat any tomatoes on the U.S. market. The FDA says that high risk populations—the elderly, children and those with compromised immune systems—should avoid eating the peppers in fresh, raw form (including in fresh salsa).

Although they were not cleared as a cause, tomatoes were taken off FDA's concern list because all the farms—mostly in southern Florida and Mexico—identified as being suspect have stopped producing tomatoes this season. There is still an investigation underway of a packing operation in Mexico that packs peppers from a number of growers.

“We still do not know where the original contamination point was,” David Acheson, assistant commissioner for food protection at the FDA, said in an afternoon conference call. The outbreak has sickened 1,220 people in 42 states, the District of Columbia and Canada. Although it is continuing, the Centers for Disease Control and Prevention reports that there appears to be a decrease in intensity (meaning fewer new cases a day) since mid June, which officials hope will continue.

To learn more about this outbreak, read our earlier posting, "The 411 on foodborne illness."

USDA to disclose which markets sold tainted meat

It should be a little easier for consumers across the country to figure out if they have recalled meat in their freezers under a new system being implemented by the U.S. Department of Agriculture.

Beginning next month, the USDA will start listing on its Web site retail stores that received meat or poultry products involved in Class I recalls—those of the most serious concern to public health. The USDA says it will post the retail outlet listings within 10 business days of issuing the recall release.

As Jean Halloran, the Director of Food Policy Initiatives at Consumers Union told Scientific American, the new USDA rules are helpful, but need to go further. Specifically, Halloran says the retail outlet disclosures should cover all meat recalls, not just Class I level recalls.

For example, the recent recall of 143 million pounds of beef from the Hallmark/Westland facility in California, which was prompted by video showing cows too sick to stand being illegally forced into the slaughterhouse, was a Class II recall. "All meat recalls that could affect health should be disclosed to the consumer including the information on the names and locations of stores involved," says Halloran.

Consumers Union is also concerned that the USDA has chosen not to list institutions such as schools and nursing homes that have been shipped recalled products. "People want to know if their children or elderly parents might be getting a potentially dangerous food product and can help bring attention to the need for action on a recall at these institutions," says Halloran. "We hope USDA can add such disclosure to its rules in the future."

Shoppers should note that not all meat products come under USDA jurisdiction. Some are regulated by the Food and Drug Administration and those are not covered in the new measure.  For example, if there's a sausage recall the USDA list would not include stores that sold the sausage as a closed-face sausage-and-egg sandwich (FDA jurisdiction), but would include stores that sold open-face sausage-and-egg sandwiches (USDA jurisdiction).  It can be confusing but a chart on the FDA's Web site explains which agency is responsible for oversight of which foods.

Despite the drawbacks, Halloran says, "We're pleased that USDA will no longer keep consumers in the dark about recalled meat."

Make sure your baby's bassinet is safe for sleeping

Bassinet use has nearly doubled over the past decade, with nearly 45 percent of parents using them for babies younger than two months. Bassinets allow parents and infants to sleep in the same room without sharing the same bed, which can be a dangerous practice. But, according to a recent study, bassinets come with their own significant safety concerns.

Despite the growing popularity of bassinets, there are no official government safety standards for the infant bed/carriers, just construction guidelines for manufacturers from the Consumer Product Safety Commission.

A new study in the current issue of The Journal of Pediatrics, evaluated the risk factors in bassinet use. Researchers at the Children’s National Medical Center in Washington reviewed the death reports of 53 infants who died suddenly and unexpectedly in bassinets. In 85 percent of the cases, the researchers found that lack of oxygen was the cause of death. More than half of the infants were found on their stomachs, and other items such as blankets, pillows and/or plastic bags were found in 74 percent of the bassinets. Nine infants died in bassinets that were not functioning correctly, either from "misuse" or mechanical problems.

“If parents plan to use a bassinet, they should make sure that it is in good repair and conforms to CPSC guidelines,” say the authors of the bassinet study.

The CPSC calls for bassinets to have a sturdy bottom with a wide base, smooth surfaces without protruding hardware, legs with locks, and a firm, snug-fitting mattress. Because 6 of the 53 infants were found with their faces wedged against the side of the bassinet, the authors suggest that a bassinet with sides made of an air-permeable material, such as mesh, may be safer. They also emphasize that parents should always lay infants on their backs and never put loose items like blankets or pillows in the bassinet with the baby.

Look for a bassinet that has a sticker indicating that it has been certified by the Juvenile Products Manufacturers Association (JPMA).  Although this is no guarantee of safety, it's the best assurance consumers currently have that the bassinet meets the voluntary safety standards set by ASTM International. Consumers would have even more assurance if all bassinet manufacturers were required to conform to ASTM standards.

Read more
Consumer Reports Guide to Childproofing and Safety recently offered some bassinet and cradle safety and buying tips. And earlier on this blog, we warned parents about the safety concerns associated with bassinet and crib bumper pads.

On the CR blogs: Improved crash tests

Our colleagues on the Cars blog are talking about several enhancements to the government's crash test program for the 2010 model year. Most notably, female crash dummies will be used and a new side pole test will simulate a vehicle striking a tree. Consumers Union has been a proponent for the female crash test dummy, among other safety improvements, because it enables the tests to better represent a broad range of body types, specifically women and larger children.

We applaud the new measures and the resulting improvements to car safety. To read about the upcoming changes in more detail, visit the Cars blog.

CPSC recalls 550,000 pieces of lead-tainted children's jewelry

Almost 550,000 pieces of metal children's jewelry were recalled by the Consumer Product Safety Commission today because parts of the jewelry contain toxic levels of lead. The largest of the three recalls includes 500,000 necklaces with a ballet shoe charm that were given away with the purchase of books published in English, French and Spanish by Parragon Books. Also recalled were sets of lip gloss and jewelry sold at Wal-Mart and packages of shoelace and necklace charms. Parents are advised to immediately take the jewelry away from children. Here are the recall details.

Children's necklaces with ballet shoes charms
How many: 500,000
Description: Necklaces have a silver-colored chain with a silver-colored charm in the shape of a pair of ballet shoes with a bow. The necklaces were included with the purchase of children’s books entitled, The Magical Ballet Slippers (alternatively Ballerina’s Magical Shoes) published by Parragon Books. The UPC 9781405411448 is printed on the back of the book. The Spanish version, Las Zapatillas Magicas de la Bailarina has UPC 9781405448383. And the French version, Les Petits Chaussons Magiques has UPC 9781405449526.
Hazard: Solder on the charm of the necklace may contain high levels of lead.
Sold at: Retail chains and independent bookstores nationwide from January 2003 through June 2008 for about $7.
What to do: Contact Parragon for instructions on how to return the necklace and to receive a free children’s book 24 hours a day, 7 days a week, toll-free at (888) 480-2854, or visit the firm’s Web site: www.parragonrecall.com.

'Faded Glory' lip gloss, locket and bracelet sets
How many: 30,000
Description: The three-piece sets contain a rectangle-shaped lip gloss container, a heart-shaped locket necklace and a charm bracelet with a frog, monkey or cat motif. "Faded Glory” is printed on the product’s hangtag.
Hazard: The lobster claw clasp on the bracelet contains high levels of lead.
Sold at: Wal-Mart stores nationwide from May 2008 through June 2008 for about $6.
What to do: Return the set to any Wal-Mart store for a full refund. For additional information, contact the importer, F.A.F. Inc. at (800) 949-3311 between 8:30 a.m. and 4:30 p.m. ET Monday through Friday, or visit the firm’s Web site at www.faf.com.

Children's charm craft kits
How many: 18,500
Description: “Super Dooper Charms” (item #63403) and “Shoelace Charms” (item #67310) charm craft kits contain components (i.e., charms, beads, wire, clasps) to assemble necklaces, jewelry accessories, or charms that can be hooked on shoelaces, backpacks, or used as zipper pulls. The item number can be found on the back of the package.
Hazard: The clasp in the charm craft kits contains high levels of lead.
Sold through: Various retailers nationwide from July 2007 through April 2008 for about $17 for the “Super Dooper Charms” kit and $6 for the “Shoelace Charms” kit.
What to do: contact Action Products International for instructions on returning items for a free replacement at (800) 772-2846 between 8:30 a.m. and 5 p.m. ET Monday through Friday or visit the company’s Web site at www.apii.com.

We've written about the hazards of metal jewelry before and don't recommend it for children.

Toys or candy? Mixed messages put children at risk

As a parent of young children, I know how hard it is to get them to put the right things in their mouths and to keep the wrong things out. Now some companies are making that message harder to deliver.

Several years ago we found hard candy that looked like Lego bricks, the popular building-block toy. Those candy blocks are still on the market today where bulk candy is sold. We thought it was a bad idea then to make candy that looks like toys—we still do—but apparently Kellogg’s doesn’t. The cereal giant teamed up with the Lego toymaker on Lego Fun Snacks—colored, gummy candy blocks shaped like Lego bricks and sold at grocery stores. Our fear, of course, is that young children will get confused.

While some consumers are having fun with this ill-advised combination on YouTube, to safety advocates it's no laughing matter.

Kellogg’s and Lego are not the only companies guilty of bad judgment. We found several other products on the market that send mixed messages to children:

• Juice Bubbles Scented Bubbles come packaged in what looks like a kid’s juice box. It’s even labeled: “Orange Juice.” But a smaller label on the box says,“For Blowing, Not for Drinking.” It also says it’s non-toxic. Good thing.
• Madelaine "crayons" are milk chocolate wrapped up to look like the chunky coloring sticks. But you try to explain to your toddler why the little one can eat one type of crayon and not the other.
• Hello Kitty candy perfume comes in a small pink plastic pump sprayer that looks like a perfume bottle. While the liquid candy inside is safe to ingest, we can’t say the same for your favorite bottle of Chanel No. 5.

It’s not illegal to sell candy that looks like toys or vice versa, but it’s a really bad idea. (In the U.S. it is illegal to embed non-edibles in sweets.) Each year, about 15 children under the age of three choke to death on non-edibles. As parents, we work hard to keep our message clear. We expect no less from the companies that make products for children.

For more on choking hazards, see “6 tips to prevent a choking accident.” —Don Mays

The 411 on foodborne illness

The number of persons infected with Salmonella Saintpaul is approaching 1,000, with victims identified in 40 states, the District of Columbia, and Canada. But as of this writing federal authorities are still stymied and seem no closer to finding a cause. In fact, over the holiday weekend the investigation was broadened to include not only the original suspect—tomatoes—but also foods commonly eaten with tomatoes such as those found in salsa. Cilantro as well as jalapeño and Serrano peppers have been added to the probe.

According to an article in the Wall Street Journal, the government is investigating fresh salsa prepared at restaurants—and not processed or canned or jarred salsa. According to the report, the restaurants have not been identified. The Washington Post writes today that some salsas prepared at home are also in the mix.

What has been confounding about this latest outbreak of Salmonella is its longevity. Since April, 971 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states, the District of Columbia, and Canada. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut (4), Florida (2), Georgia (24), Idaho (4), Illinois (93), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (22), Michigan (7), Minnesota (8), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (9), New Mexico (98), New York (28), North Carolina (10), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (8), Texas (381), Utah (2), Virginia (29), Vermont (2), Washington (4), Wisconsin (10), and the District of Columbia (1). Four ill persons are reported from Canada; three appear to have been infected while traveling in the United States, and one illness remains under investigation.

FDA. CDC. USDA. CSI?
A foodborne disease outbreak is defined as a group of people developing the same illnesses after ingesting the same food. Public health officials say it's possible that more people have been afflicted by this outbreak because not everyone who feels sick seeks treatment. The symptoms resemble intestinal flu and may last a few hours or even several days. Symptoms can range from mild to serious and include:

• abdominal cramps
• nausea
• vomiting
• diarrhea, which is sometimes bloody
• fever
• dehydration

When someone does seek treatment, the doctor serves as the first investigator and, if foodborne illness is suspected, may start a line of questioning recommended by the CDC that includes asking whether the patient has consumed raw or poorly cooked foods (e.g. raw or undercooked eggs, meats, shellfish, fish), unpasteurized milk or juices, home canned goods, fresh produce, or soft cheeses made from unpasteurized milk. The doctor may also ask if any of the patient's family members or close friends have similar symptoms.  If the doctor suspects a foodborne illness he or she submits specimens for laboratory testing and contacts the state or local health department.

If you suspect that something you ate made you sick, the U.S. Department of Agriculture recommends you follow these guidelines:

1. Preserve the evidence. If a portion of the suspect food is available, wrap it securely, mark "DANGER" and freeze it. Save all the packaging materials, such as cans or cartons. Write down the food type, the date, other identifying marks on the package, the time consumed, and when the onset of symptoms occurred. Save any identical unopened products.
2. Seek treatment as necessary. If you are in an "at risk" group, seek medical care immediately. Likewise, if symptoms persist or are severe (such as bloody diarrhea, excessive nausea and vomiting, or high temperature), call your doctor.
3. Call the local health department if the suspect food was served at a large gathering, from a restaurant or other food service facility, or if it is a commercial product.

Both the Food and Drug Administration and the USDA regulate food safety. While the FDA is responsible for non-meat products such as seafood, fruits, vegetables and eggs, the USDA oversees meat, poultry, and processed egg products. The CDC assists states in outbreak investigations and is a non-regulatory agency. The CDC offers guidelines on how to report a foodborne illness including contact information for all state health departments.

We will continue to follow this outbreak and hope the source is discovered. You can also check for updates on the Web sites of the CDC and the FDA.

Ground beef recall
As if the tomato and salsa scare wasn't enough of an assault on summer foods, the USDA expanded its recall of ground beef products that may be contaminated with E. coli O157:H7 sold at Kroger's stores and related properties. The recall involves a number of brand names and sell-by dates between May 17 and July 5 listed in the recall notice. Illnesses associated with the recall have been reported mostly in Ohio and Michigan. Consumers are urged to check their refrigerators and freezers and discard or return the ground beef products for a refund.

Death of 22-month-old prompts recall of boat-shaped beds

Two styles of boat-shaped youth beds with built-in toy chests have been recalled by the Consumer Product Safety Commission after the death of a 22-month-old California boy who strangled when the lid of the toy chest fell on the back of his neck entrapping him on the edge of the chest. The LaJolla boat bed (pictured), in which the boy was killed, and the Caribbean twin trundle bed were sold at Costco, Costco.com and furniture retail stores from January 2006 through May of this year for between $700 and $1,400. The recall involves 9,350 beds.

In the recall notice, the CPSC said the beds, which were made for Bayside Furnishings of San Diego and manufactured in China, posed a hazard because the lid supports fail to prevent the lid from closing too quickly. The already assembled toy chests are designed in the shape of a ship or boat’s “bow” and attached to the beds as a foot board. The LaJolla boat bed toy chest has a hardwood top and white wood base with a blue stripe. The Pirates boat bed toy chest has a hardwood top, wheel shape and brown wood base with decorative carvings.

The CPSC cautions parents to immediately stop children from using the toy chests and to contact Bayside for instructions on receiving a free repair kit with replacement lid supports by calling (877) 494-2536 anytime, or by visiting the firm’s Web site at www.baysidefurnishings.com to register online for the free repair kit.

The CPSC was alerted to the hazard by the Placer County Child Death Review Team.

At Consumer Reports, we strongly caution parents about toy chests with hinged lids knowing the hazards they pose. Not only can children become entrapped by the lid but they can suffocate in the chest if they crawl inside and become trapped. If you have a toy chest, or any chest, with a freely falling hinged lid, the safest thing you can do is remove the lid entirely.

To learn more, read our Guide to Childproofing and Safety.

On the CR blogs: Testing for radon

Our Home & Garden bloggers have looked into recent reports that some granite countertops can release dangerous levels of radon. The presence of radon in the home can pose a danger to your health, according to the Environmental Protection Agency. In fact, radon is the second leading cause of lung cancer in this country.

The EPA emphasizes the importance of testing the air in your home for radon, whether or not you have countertops made from granite. The agency adds that there are too many variables and too little information to generalize about the radon risk granite counters pose to humans.

Consumer Reports is preparing a report on short-term radon tests kits for the September 2008 issue of Consumer Reports, on sale and online this August. In the meantime, if you have granite countertops and want to test them for radon, the Home & Garden blog tells you how.

 

New legislation requires child-resistant closures on gas containers

Congress has approved legislation requiring all portable gasoline containers to have child-resistant closures. The legislation, which needs only President Bush's signature to become law, will require all portable gasoline containers sold in the United States to meet child resistance standards set by ASTM International.

The legislation, dubbed the Children's Gasoline Burn Prevention Act, closes a loophole that exempted gas cans from stricter child-resistance requirements for packaging for household products that contain dangerous materials. The exemption existed because gas cans, which are sold empty, are only hazardous when filled with gasoline. Yeah, we know this is a ridiculous loophole.  We testified in favor of the legislation to close the loophole during congressional hearings last summer.

The Consumer Product Safety Commission estimates that in a single year over 1,200 children under the age of five are treated in emergency rooms for injuries related to gasoline, either through fire, ingestion or inhalation of fumes. The agency says that over an 11-year period, there were 33 cases that involved a child under the age of five gaining access to a gas can. Of these, 19 resulted in death.

According to an American Academy of Pediatrics study of gasoline burn incidents, "no injury is potentially more disfiguring, disruptive to a child's life, and more painful to endure than burn injuries."

Rep. Dennis Moore, D-Kansas, introduced the legislation after learning of a tragic incident involving two children in Kansas. A four-year-old boy lost his life and his younger brother was permanently scarred after they opened a gas can and spilled its contents near a hot water heater.

Remarking on final passage of the legislation, Moore said, "We can't protect our children from every scratch or bruise, but we can certainly take steps to avoid the obvious hazards. Too many children have already been injured or killed in these horrible accidents."

Sen. Claire McCaskill, D-Missouri , says the legislation "finally closes that loophole, giving parents one less thing they will have to worry about." McCaskill pushed for approval of the measure in the Senate, which unanimously approved the legislation in June.

Parents should be aware that even with child-resistant closures, you need to keep gasoline containers beyond a young child's reach.  Although we believe mandatory compliance with ASTM-International is a major step forward in protecting children, even with it as many as 20 percent of children can defeat the child-resistant closure.