Population declines on the Island of Misfit Toys

We won’t soon forget the millions upon millions of defective toys recalled in 2008 and 2007 due to lead hazards that can cause developmental problems, small magnets that can block or perforate intestines, and toxic chemicals that can put kids in comas. Consumers, as well as Consumers Union, lost confidence in the safety of toys in the marketplace. But a few items in the news recently gives us hope that things are turning around in Toyland.

At a town-hall style meeting in New York City's Times Square,  Inez Tenenbaum, Chairman of the Consumer Product Safety Commission, hailed the significant reduction in toy recalls this year. So far there have been 38 toy recalls, down from 162 in 2008 and 148 in 2007. Tenenbaum attributed the decline to increased enforcement at the ports, cooperation with other countries, consumer awareness and education, and compliance by the toy industry with new federal safety rules.

The new rules have tightened restrictions on lead, made formerly voluntary toy-safety standards mandatory, and required that toys for children under 12 be tested and certified before they're sold. “CPSC has worked hard this year to give parents and grandparents greater confidence that the toys they seek to purchase have enhanced safety protections for children,” said Tenenbaum. We agree.

Another factor that could boost consumer confidence is the Toy Industry Association’s Toy Safety Certification Program. Launched last month, the program adds an extra level of scrutiny to make sure toys are manufactured to comply with safety standards. Qualifying toys will eventually bear a safety certification mark. Although we don’t think the program requires enough randomized sampling of the final product, it’s a start. This week the association announced the first products that have been certified under the program including a Radio Flyer push toy.    
 
The third piece of toy news this week wasn't so cheery. The CPSC's annual report on toy-related deaths and injuries showed that toy-associated injuries are on the rise while fatalities have dropped over the past few years. There were 172,700 toy-related injuries that sent children under 15 to the nation's emergency rooms in 2008. That’s the highest injury level since 2001. But the number of fatalities for children under 15 has declined to 19 from 28 in 2006 and 22 in 2007, according to information the CPSC has collected so far.

With the busiest toy-buying season upon us, it's good to know that care is being taken to ensure that what's on the shelves is safe.—Don Mays

Target fined $600,000 for violating lead paint ban

Target has agreed to pay a $600,000 civil penalty to settle allegations that the retailer knowingly sold toys with paint and surface coatings that exceeded acceptable lead levels, the Consumer Product Safety Commission announced today. The penalty is associated with items sold by Target from May 2006 through August 2007 that were subsequently recalled.

“These highly publicized toy recalls were among many that helped spur action last year to impose even stricter limits on lead paint on toys,” said CPSC Chairman Inez Tenenbaum. “This penalty should remind importers and retailers that they have always had the same obligation to meet the strict lead limits as the manufacturers.”

The recalled toys follow. See the recall notices for more photos.

• 350,000 Happy Giddy gardening tools and Sunny Patch chairs
• 190,500 Kool Toyz toy sets
• 5,000 Anima  Bamboo Collection games

From China with love? Don’t be mis-lead

Despite stricter testing requirements and tighter limits for the amount of lead permitted in children’s products, lead-laden items with kid appeal can still be found on store shelves. That's the finding of Jeffrey Weidenhamer, a chemistry professor at Ashland University in Ohio who is an expert in analytical chemistry. 
 
This summer, Weidenhamer tested “Patriot Pride” jewelry sets purchased in May at Flower Factory, a store in Mansfield, Ohio. Though the made-in-China pendant on the necklace pictured at right proclaims, “I love USA”, the metal, made primarily of lead, could expose a child to toxic lead levels if they mouth or accidentally ingest the pendant. Weidenhamer’s tests showed that the pendant’s total lead content was an astounding 861,000 parts per million. The limit imposed in February for total lead content in children’s products was 600 ppm, which was reduced further in August to 300 ppm.
 
That necklace and several other Patriot Pride jewelry sets Weidenhamer tested contain more than 80 percent lead by weight. Last year, the Consumer Product Safety Commission recalled keychains sold at Walmart that had charms with a lower lead content after health officials reported elevated blood lead levels in a child who had been mouthing the keychain. More than a year before that recall, however, Weidenhamer reported to the CPSC test results of a similar keychain with charms containing 60 to 70 percent lead.  Such public-safety efforts prompted us to applaud Weidenhamer as one of our safety crusaders.

“Because of the new standards for lead in children’s products, you see a lot of products now with labels saying they’re not intended for use by children,” Weidenhamer says.  “But since there’s no age-related labeling like that on Patriot Pride jewelry sets and they only cost $1.50 or so, I’m concerned that kids are going to be harmed because their parents buy them these things assuming that they’re safe.  I worry about the cases that never are reported, where no one makes the connection between learning disabilities and a child’s exposure to lead in products that never are recalled.”

CPSIA raises civil penalties, lowers acceptable lead levels

This Friday three important provisions of the Consumer Product Safety Improvement Act take effect that lower acceptable lead levels, raise the amount of civil penalties and require tracking of children's products. Here are the details:

Lead
The legislation reduces the total lead content in children's products to 300 parts per million (ppm) from 600 ppm and also limits the amount of lead in surface coatings or paint to 90 ppm. The lead rules also apply to children's jewelry.

In 2007, dubbed the "Year of the Recall," millions of toys were recalled because they violated lead levels.

Civil penalties
The Consumer Product Safety Commission is also hiking its civil penalties for companies that fail to report hazardous products to the agency in a timely manner from $8,000 per violation with a maximum of $1.825 million to $100,000 per violation with a maximum of $15 million.

"If the record of recent CPSC-announced recalls is any indication of the approach companies have taken to date in complying with this reporting requirement, then many manufacturers, importers, distributors and retailers could be subject to increased penalties for reporting violations" commented Alan Schoem, a former CPSC compliance director, in the Product Safety Letter.

He added that a "reinvigorated Commission" led by new chairman Inez Tenenbaum could pose a challenge for companies that do not have processes and procedures in place to report a product defect or potential defect to the CPSC. A quick look at some recent recalls that we've written about (string trimmers, tea kettles, baby floats) shows that many companies wait far too long to alert the CPSC after getting reports of defective products.

Tracking labels
Also starting Friday, U.S. companies are required to put tracking information on all toys and children's products. The requirement is for a tracking label or other distinguishing permanent mark that contains certain basic information, including the source of the product, the date of manufacture, and more detailed information on the manufacturing process such as a batch or run number.

"The primary purpose of the distinguishing marks is to aid in the quick and effective facilitation of recalls involving children’s products," said Tenenbaum in a written statement.

CPSC fines nine companies $530,000 for lead violations

Nine children’s product manufacturers, importers and sellers have agreed to pay $530,000 in civil penalties for violating the federal lead paint ban, the Consumer Product Safety Commission announced today. The penalties settle allegations that the firms knowingly manufactured, imported or sold toys and other children’s articles with paint or other surface coatings that contained lead levels in violation of federal law.

The nine companies were responsible for 13 recalls of 6 million items in 2007 and 2008 including toys, children’s metal jewelry, children’s pens, metal water bottles, pencil pouches, sunglasses and children’s Halloween pails and baskets. Following is a list of the companies, their fines and the associated recalls.

Cardinal Distributing Co. Inc., of Baltimore, Md., $100,000

• 900,000 children's charm bracelets and 'Sportswear' necklaces

Dollar General Corp., of Goodlettsville, Tenn., $100,000

• 63,000 Frankenstein tumblers
• 380,000 pull-back action toy cars
• 51,000 children's fashion sunglasses

Family Dollar Stores Inc., of Matthews, N.C., $75,000

• 142,000 purple Halloween pails with witch decorations

Hobby Lobby Stores Inc. of Oklahoma City, Okla., $50,000

• 10,000 Halloween-themed baskets
• 13,000 camouflage eggs and spinning egg top toys

First Learning Company Ltd., of Hong Kong, $50,000

• 11,400 soldier bear toys
• 15,000 toy wooden blocks and train sets

Michaels Stores Inc., of Irving, Texas, $45,000

• 310,000 seasonal-themed writing pens

A&A Global Industries Inc., of Cockeysville, Md., $40,000

• 4 million children's 'Groovy Grabber' bracelets

Raymond Geddes & Co, of Baltimore, Md., $40,000

• 84,200 children's pencil pouches

Downeast Concepts Inc., of Yarmouth, Maine, $30,000

• 18,000 painted metal water bottles

Our take:  We are glad to see the CPSC finally flexing its muscle and fining companies that violate the law while putting children at risk.  Although the fines seem paltry, penalties such as these can act as a deterrent to future wrong-doing by flagrant violators.  

CPSC fines OKK Trading $665,000 for child safety infractions

A California company has been fined $665,000 for failing to comply with a 30-year ban on lead paint on toys and violating other federal child safety standards, according to the Consumer Product Safety Commission.

The penalty settlement with OKK Trading of Commerce, CA resolves allegations by the CPSC that the company knowingly imported and sold toys with paints that contained lead levels that exceeded legal limits as well as toys with small parts. The penalty also resolves allegations that the company knowingly imported and sold toys, games, rattles, pacifiers and art materials that violated the Federal Hazardous Substances Act.

Because of the safety infractions, OKK Trading has been required to make six recalls over the past two years— totaling almost 18,000 items—including the following:

• March 2009: 2,900 Baby Necessities pacifiers (choking hazard)
• Dec. 2008: 5,400 toy army figures (lead paint)
• Nov. 2008: 2,100 'Mini-Televisor' toys (lead paint)
• April 2008: 2,000 Interchange Robot toys (lead paint)
• Jan. 2008: 2,000 toy racing cars (lead paint)
• April 2007: 3,500 'Lovely Baby' and 'Happy Baby' dolls (choking hazard)

According to the CPSC, OKK Trading hasn't received any reports of incidents or injuries involving the products covered by the settlement and the company denies the CPSC's allegations that it knowingly violated the law.

Earlier this month, Mattel and its subsidiary, Fisher-Price, agreed to pay a $2.3 million civil penalty—the largest of its kind—for violating the federal lead paint ban.

Recalls risky for tag sale buyers and sellers

A new sense of thrift is on the rise as house prices and bank balances fall. It seems to have prompted people to cash in their unwanted stuff. So it’s no surprise that, anecdotally anyway, there seem to be more garage, tag and stoop sales than ever.

Good for thrifty consumers on both sides of the cash box, you might say. True, but one caution for sellers: The same law that bars manufacturers from peddling a million lead-tainted toys applies to the tag-sale host selling just one. And it’s now illegal to sell any product that has been recalled.

The Consumer Product Safety Commission, which is in charge of enforcing the new safety law, (Consumer Product Safety Improvement Act) is offering buyers and sellers some guidance in the form of an illustrated booklet they can download.

Among the items that you cannot sell:

• Toys and other articles  intended  for  use  by  children, or any  furniture,  with  paint  or  other  surface  coatings  containing  lead  over  specified  amounts. 
• Products primarily intended for children age 12 or younger with lead content over a specific amount.
• Certain toys or child-care articles that contain any one of six prohibited chemicals known as phthalates.

The CPSC won’t be patrolling garage sales; a sense of responsibility should keep consumers from knowingly selling an item that could hurt someone, especially a child. So before you slap price stickers on the stash in your basement, check www.recalls.gov.

And if you’re shopping, we caution you not to buy a used crib, particularly one with drop sides or made before 1999. Also steer clear of car seats, play yards and any kids’ clothing with drawstrings.

Toxins in the news: A glossary

It's hard to consume the news these days without stumbling upon another strange ingredient or contaminant that's been implicated in a host of health risks. Consumer Reports readers know a key reason for this: Too few chemicals are thoroughly tested for safety before being added to consumer products. Once in products, they can get into the body and leach out into the environment. Even if the government does decide to remove a chemical from the marketplace, it isn't easy to get it out of the environment and there isn't a systematic way to ensure that the ingredient used to replace it doesn't pose a risk of its own.

To change that, many organizations are advocating for changes to the Toxic Substances Control Act (TSCA), to give the Environmental Protection Agency greater authority to regulate new and existing chemicals, as well as synthetic biological substances under development.

Until this happens, concerned consumers should make an effort to learn about new hazards as they are discovered and what they can do to minimize risks. To help you get started, here's a glossary of toxins in the news.

Bisphenol A (BPA)
An ingredient of polycarbonate (one of the plastics that may have the number 7 recycling mark or the letters PC on the bottom), BPA has been linked to developmental  and reproductive problems, prompting some states, municipalities and manufacturers to take steps to stop using it for children's products and materials that come in contact with food. 

Phthalates
A group of compounds used as plasticizers and as ingredients in some pliable plastics, some perfumes and personal care products, phthalates mimic the hormone estrogen in ways that are linked to certain birth defects and reproductive problems.  

Perchlorate
This chemical is present in solid and liquid rocket fuel that has been dispersed in the environment in certain areas of the country. Perchlorate can disrupt thyroid functions, inhibiting the gland's ability to absorb iodine. This can potentially interfere with the production of hormones necessary for early development and normal metabolism.

Melamine and cyanuric acid
These nitrogen-rich compounds have been used to artificially (and illegally) boost the apparent protein content of various human and animal food products. The adulteration of pet food and infant formula in China with melamine led to critical illnesses and numerous deaths when the compounds crystallized in the urinary tract, causing severe kidney problems, particularly in infants.

Perfluorinated compounds
These chemicals are used in a variety of non-stick coatings and stain repellents that have been found to accumulate in the human blood supply and the ecosystem and have been linked to reproductive and developmental effects in laboratory animals and recent human epidemiology studies. Contrary to popular belief, our tests suggest non-stick pans aren't a big source if not overheated.

Brominated flame retardents or Polybrominated Diphenyl Ethers (PBDEs)
These common fire retardant chemicals are used in polyurethane foam, electronics, and other materials. PBDFs have been finding their way into the ecosystem and human blood and breast milk, accumulating to levels that can potentially affect thyroid function, fetal and child development, fertility, and liver function.  

Nanoengineered materials
Tiny substances like carbon nanotubes are being engineered at the nanometer scale for dramatic new chemical and physical properties. Some 100,000 times smaller than the width of a human hair, nanomaterials can be more reactive, more toxic, and more accessible to critical organs, such as the brain, than their larger counterparts.

Volatile organic compounds
VOCs are a group of carbon-containing compounds that are released into the air from a variety of sources including automobile and other combustion sources, paints, coatings and adhesives. Some VOCs are potentially carcinogenic; others contribute to ozone and smog formation and are linked to respiratory illnesses and memory impairment.

Toxic metals and minerals
Mercury and lead are probably the most familiar and among the most toxic metals. As are asbestos and arsenic. These inorganic substances (meaning they don't contain carbon atoms) persist in many older homes in the form of insulation (asbestos), old paint and plumbing (lead), pressure treated decks (arsenic) and in the environment through the food chain (mercury in fish). Though many uses of these substances have been banned or phased out, some, such as lead, continue to turn up in cheap imports like kid's jewelry.   Some applications, like mercury in dental amalgams and fluorescent light bulbs, have yet to be completely eliminated.

Recalls remained high in 2008, says Kids in Danger

The year 2007 was dubbed the year of the recall but 2008 could be called the year of the crib recall, according to a new report released today by Kids in Danger. The report, "Toxic Toys and Faulty Cribs," said that children’s product recalls by the Consumer Product Safety Commission remained high in 2008 with 190 recalls accounting for more than 18 million items, including 12 recalls of cribs responsible for five deaths.

The findings agree with "Still Not Safe," a special report issued by Consumers Union last December that provided an analysis of all CPSC recalls from Oct. 1, 2007 to Sept. 30, 2008.

“These products together caused at least 210 injuries and seven deaths,” said Nancy Cowles, executive director of Kids In Danger. “And those incidents include only those already reported at the time of the recall. More needs to be done to protect children from these hazards."

Highlights from the report include:

• Toys were the largest category of recalled children’s products comprising 41 percent.
• Despite the scrutiny on lead in 2007, 36 percent of the recalls were for lead paint hazards.
• There were five recalls of over one million products with over 18 million units recalled in total.
• Two-thirds of the recalled products were made in China, four percent were made in the U.S.
• Evenflo had the most injuries prior to a recall—94 in its Majestic High Chair.
• Twelve cribs, a record number, were recalled, involving eight injuries and five deaths.
• While CPSC requires monthly updates on Corrective Action Plans, research showed that many companies simply don’t file the report or don’t fill in the requested information. For those that do, the numbers show that most recalled products remain in the hands of consumers.

Kids in Danger, along with with Representative Jan Schakowsky (D-Ill.) and Illinois Attorney General Lisa Madigan, is advocating for stronger measures in announcing and carrying out recalls including a public database with product and injury data. “We have learned that it is not enough just to post a recall on a Web site and distribute a press release," said Madigan. "The CPSC and product manufacturers must implement more proactive and aggressive measures to ensure that consumers with dangerous products in their homes become aware of the recall and understand how to respond appropriately.”

Read the full report or the summary.

Businesses rally against CPSIA

We’ve reported many times on the Consumer Product Safety Improvement Act of 2008, a vital new law that helps ensure the safety of children’s products and revitalizes the beleaguered Consumer Product Safety Commission.  The Act was signed into law last August by then-President George W. Bush after receiving overwhelming bipartisan support in Congress. It was created in response to the millions of toys, cribs, and other children’s products recalled for dangerous design flaws or dangerous levels of lead that injured and even killed children.  But this week, more than seven months after the bill’s signing, some members of the business community staged a rally to ask that the CPSIA be amended.

Many who participated in Wednesday’s rally in Washington D.C. were industry lobbyists and representatives of large companies and of trade organizations that protested the effect of the bill on their businesses.  Some who spoke at today’s rally, including Toy Industry Association President Carter Keithley, claimed that there are no health impacts from lead in toys.  Others who spoke suggested that adult clothing was covered by the law, which is not the case. The lead testing restrictions apply only to children’s products.  Further, some of the members of Congress who criticized the CPSIA voted in favor of the bill last summer.

The takeaway:  The implementation of this law, which changes the way companies do business and makes a broad category of children’s products safer, has not been handled well.  Congress expressly provided the CPSC, the agency charged with making the law work, the authority to address legitimate questions about its application.  Unfortunately, the CPSC has been slow, if not downright reluctant, to provide timely exemptions or give clear guidance about the law’s actual requirements.

Folks with legitimate questions about the new law can and should certainly speak their minds, but it’s not okay when industry challenges the effects of lead on children’s health.  It is absurd and flies in the face of good science.  The American Academy of Pediatrics has repeatedly said there is no safe level of lead.  That lead-tainted products crept their way back into the marketplace—even though lead paint was banned 30 years ago—is a clear indication that former laws and the agency that enforces them weren’t strong enough.  It’s also disappointing that organizations such as TIA and the National Association of Manufacturers (NAM), which formerly embraced the new law, are now calling for widespread changes.

One point of agreement did surface today.  Apparently, NAM agrees with consumer groups that the current leadership at the CPSC is responsible for the problems regarding the failure to issue timely guidelines or appropriate exemptions based on sound science. This is a major problem. Nancy Nord has held the position of Acting Chair since June 2006, after the resignation of Hal Stratton.  The agency desperately needs new, more effective leadership at the helm—someone who will put consumer safety first, while also guiding the industry in its compliance efforts.