Charlottesville Personal Injury Lawyer - Toys

Little Tikes Issues Recall On 1.6 million Toy Workshops and Trucks

Greg Webb — Fri, 28 Aug 2009 15:30:58 GMT

Little Tikes has issued a voluntary recall on 1.6 million toy workshops and trucks after a toddler choked on a plastic nail. The Consumer Product Safety Commission (CPSC) said the recall covers five toy models sold by Little Tikes as far back as March 1994. The problem involves the bright blue and red plastic nails that accompanied the Hudson, Ohio-based company’s Electronic Project Workshop, the Home Improvements Two-sided Workshop, the Little Handiworker Workhorse, the Black Pickup Truck with Tools and the Swirlin’ Sawdust Workshop. The toys were sold by major retailers such as Toys R Us and the Little Tikes’ online store at

www.littletikes.com from $25 to $100. Consumers are asked to take the toy nails away from their children immediately and contact Little Tikes for a free replacement.

Little Tikes stated the toys were intended for children ages two and older. The child who swallowed the toy part, however, was only eleven months old. The plastic nail, which is about 3 ¼ inches long by 1 ¼ inches in diameter, became forcefully lodged in the child’s throat; he was hospitalized and made a full recovery. While some products are no longer sold by the company, the toys may have been handed down to new owners or sold at garage sales. Little Tikes realizes they must do everything possible to ensure the safety of all children who come in contact with the products, no matter their age.

The CPSC says they are interested in receiving incident and injury reports that are either directly related to the recall or involve a different problem with the same product.

Originally posted at InjuryBoard by Greg Webb

Toys ‘R’ Us to Keep Things Safe with "The Great Trade-In Program"

Greg Webb — Fri, 28 Aug 2009 15:25:10 GMT

In the August 26, 2009 Charlottesville section of Craigslist.com, there were 71 new posts in the "Baby+Kids" subsection of "For Sale." Going solely off of the post titles (admittedly, I disregarded a thorough analysis of each post’s contents for the sake of search-brevity), out of those 71 posts, 3 were for strollers (4%), 2 were for car seats (3%), 2 were for highchairs (3%), 8 were for swing sets/play sets (12%), 5 were for cribs/beds/bassinets (7%), 12 were for clothes (17%), 2 were for food (3%), 5 were for bikes/scooters/walkers (7%), 10 were for miscellaneous toys (14%), and 2 were for child backpacks/harnesses (for carrying children) (3%). That comes to 73%. In addition, there were three posts for "Want to Buy" items, including a "Kelty Convertible Backpack/stroller," a "dresser and booster seat" and an "infant car seat" (4%). The remaining posts were for nondescript items or general mass toy/baby item sales.

Now this is not intended to pass judgment on those posters, nor is it to discredit the helpfulness of the Craigslist service; but those figures demonstrate the fact that, beyond the traditional familial "passing down of the crib," people – strangers, rather – are selling and buying used children’s items to and from one another daily. And that is just in Charlottesville, a small city. Compared to New York City, which had a whopping 769 listings on Wednesday the 26^th, Charlottesville’s 71 posts are, relatively speaking, small potatoes.

From this limited yet telling research, it is safe to surmise that between the 71 posts in Charlottesville and the 769 posts in New York City, there is at least some risk involved in these exchanges based on the volume and frequency in which they are made. This goes said under the full understanding that in any Craigslist transaction there is an implied "risk" involved.

However, the point remains that the acquisition or requesting of used children’s items is a less than surefire way to ensure the safety of one’s child. In an attempt to prevent such exchanges, Toys ‘R’ Us and Babies ‘R’ Us will be offering a trade-in program for parents looking to unload old or used children’s items in exchange for a 20% discount toward the purchase of new items in the same categories.

Jerry Storch, chairman and chief executive of the Wayne, N.J. company, was quoted in The Wall Street Journal, saying, "We feel it's critical to get these older products out of the chain of commerce."

This exchange program is at least partially influenced by the constant updating of the quality control standards imposed on the industry. Requirements and regulations are always being changed, and older products that may not have been held to the same standards as products currently on the market are not only potentially more dangerous, but they’re also more susceptible to being traded and/or resold by previous owners who don’t need them anymore. The Wall Street Journal reports that the Consumer Product Safety Commission (CPSC) and safety advocacy groups seem to agree, urging people to be aware of the potential dangers in buying and selling old and used items. Their concerns are only reinforced by the dramatic increase in recalls over the years, with 563 product recalls having been issued in 2008, an increase of 162 from 2005.

The event, called "The Great Trade-In," will run from August 28 until September 20. Products eligible will include strollers, bassinets, travel systems, play yards and high chairs – 29% of August 26^’s Craigslist listings in Charlottesville.

Originally posted at InjuryBoard by Greg Webb

Nine Companies Pay Penalty For Lead In Toys

Greg Webb — Tue, 21 Jul 2009 08:00:00 GMT

As punishment for violating the federal lead paint ban, the United States Consumer Product Safety Commission (CPSC) announced nine children’s product manufacturers, importers and sellers, including Dollar General and Michael’s, have agreed to pay more than $500,000 in civil penalties. These penalties settle the allegations that the companies knowingly manufactured, imported, or sold toys and/or other children’s products with paint or surface coatings that contained high levels of lead. The high levels of lead found in the affected toys violated federal law due to the health risks lead poses in children.

In 1978, a federal ban was passed that prohibited children’s products from having more than .06 percent lead (by weight) in paints or surface coatings. The products involved in the settlement were recalled in 2007 and 2008, and include such items as pencil pouches, sunglasses, children’s metal jewelry, and Halloween baskets. Tests showed that the paint or surface coatings on these items contained lead in excess of .06 percent by weight. One firm even found products that contained surface coatings of nearly 60 percent lead.

It is unfortunate that these penalties are not higher. They amount to less than a slap on the wrist for these companies, whose conduct is unacceptable. Hopefully, most of the conduct was just grossly negligent, and not a true, wilfull violation of the law.

Originally posted at InjuryBoard by Greg Webb

Toy Manufacturer Agrees To Penalty For Lead In Toys

Greg Webb — Sun, 12 Jul 2009 21:55:29 GMT

OKK Trading, an American based toy importer, has agreed to pay a $665,000 civil penalty settlement with the Consumer Product Safety Commission (CPSC) after it was shown that the company imported and sold toys that violated many child safety standards, such as having high levels of lead. The CPSC announced that the settlement resolves the agency’s allegations that OKK Trading violated a thirty-year-old ban on lead paint in toys by knowingly importing and selling toys with excessive levels of lead from November 2007 to August 2008. The settlement also resolves several other allegations that it knowingly sold and imported games, toys, rattles, art materials and pacifiers that violated federal safety standards. In agreeing with the settlement, OKK Trading denies that it knowingly violated the law. The company further claims it received no reports of injuries or incidents involving the products covered by the settlement.

Earlier this month, the CPSC also announced that toy maker Mattel Inc. and its subsidiary Fisher-Price have agreed to pay $2.3 million for importing and selling toys with excessive amounts of lead. A CPSC spokesperson said the agency expects to announce more civil penalties against companies that violated the lead ban in order to hold companies responsible for all of the recalls that attracted so much media attention in 2007 and 2008.

Originally posted at InjuryBoard by Greg Webb

Mattel and Fisher-Price Fined $2.3 Million for Lead Toy Hazard

Greg Webb — Tue, 09 Jun 2009 17:09:25 GMT

Mattel Inc. and its subsidiary, Fisher-Price, have agreed to pay $2.3 million in civil penalties to the United States for importing and selling toys with excessive levels of lead, and for violations of the federal lead paint ban. The CPSC (Consumer Product Safety Commission) has provisionally accepted the penalty settlement. The CPSC announced on June 5, 2009, that the toymakers had knowingly violated a 30 year-old ban on lead paint in toys. Both Mattel and Fisher-Price deny knowingly violating the ban.

In 2007, approximately 95 different Fisher-Price and Mattel toys were found to have excessivle levels of lead. Lead that is ingested by young children can result in lead-related illnesses.

Mattel reportedly imported as many as 900,000 toys in 2006 and 2007 that had excessive lead, including the "Sarge" toy car and Barbie accessories.

Fisher-Price is alleged to have imported up to 1.1 million such toys in the same years, including the Bongo Band, GEOTRAX locomotive, and Go Diego Go Rescue Boat toys.

The civil penalty agreed to by the toymakers is the highest ever for the "importation or distribution in commerce of a regulated product".

Unfortunately, in this writer's opinion, this civil penalty, while a step in the right direction by the CPSC, and encouraging in that regard, is little more than a light slap on the wrist for Mattel and Fisher-Price. It is almost like paying a toll to proceed down the highway of profits over safety. This is further evidence for the argument to strengthen the CPSC's enforcement arm, and against preemption of any sort for state tort claims made by those legitimately injured by these defective toys.

For more information on this issue, please visit: www.cpsc.gov/cpscpub/prerel/prhtml09/09237.html

Originally posted at InjuryBoard by Greg Webb

Judge Rules CPSC Must Correct Loophole Regarding Hazardous Chemical

Greg Webb — Sun, 22 Feb 2009 19:59:16 GMT

A judge has recently ruled that the Consumer Product Safety Commission (CPSC) may not allow toys containing toxic manufacturing chemicals to remain on shelves after a ban goes into effect on February 10, 2009. The judge said the commission, whose purpose is to protect the American public, must correct a loophole that allows substances to remain in toys made before the ban. The ban relates to phthalates, which are dangerous chemicals used in soft plastics that when absorbed through the skin or mouth can interfere with reproductive hormones. A federal law passed last summer banned the chemical from being used in toys.

This decision has been considered a victory for children’s health. Had this decision not been made, consumers would have no idea whether or not their products contain hazardous chemicals or not. This ruling came much to the dismay of manufacturers who claim they would have to pull millions of dollars worth of products off of store shelves to comply. The CPSC plans not to appeal the decision.

Originally posted at InjuryBoard by Greg Webb

W.A.T.C.H.’s 2008 “10 Worst Toys” List

Greg Webb — Mon, 08 Dec 2008 21:12:17 GMT

World Against Toys Causing Harm, Inc. (W.A.T.C.H.) held it’s 36th Annual “10 Worst Toys” Conference in Boston this past November after seeing at least 66 toy recalls resulting in more than 7,890,000 units of toys recalled for various dangers in the past year.

W.A.T.C.H., a Massachusetts charitable non-profit corporation, called for toy manufacturers to provide accurate and complete language on packaging when it comes to warning consumers about hazards. The 2008 “10 Worst Toy” list includes examples of packaging and labeling which fail to give consumers fair warnings of known dangers. The high number of recalls proves that manufacturers put profits before child safety. At least 26 recalls were the result of toys with excessive lead content, and many other recalls involved small parts violations. Choking is the cause of 44 percent of toy-related deaths, and the Consumer Product Safety Commission (CPSC) has issued recalls for at least 25 toys with choking ingesting or aspiration risks.

While the CPSC issues recalls for some dangerous toys, many still remain on store shelves. Hazards that reappear every year include choking, strangulation, impact injuries, burns, impalement, puncture wounds, and lacerations. In 2006, the CPSC reported nine deaths of children when they choked on or aspirated a toy, 22 toy-related deaths of children under 15 years old, and about 220,500 toy-related injuries treated in U.S. emergency rooms.

The Consumer Product Safety Improvement Act of 2008, signed into law on August 14, expands the authority of the CPSC and places stricter restrictions on toy-makers and the entire distribution chain. W.A.T.C.H. notes, however, that policing such a large industry will remain a challenge, and that toy manufacturers must put safety before profits. The toy industry makes $30 billion a year, and more than three billion toys are sold each year in the United States.

Nominees for the 2008 “10 Worst Toys” are:

Sportsman Shotgun

Hazard: Potential for eye injuries. This realistic looking weapon is sold online as a “toy”, and uses rubber bullets, which are loaded into the shotgun’s magazine and then pushed into the gun’s chamber. “You are now ready to shoot,” boasts the advertising. This weapon is not a toy and should not be sold for use by children.

Go Go Minis Pullback Vehicle

Hazard: Potential for choking injuries. The rear tires of these miniature fire trucks, garbage trucks and school buses are removable, presenting a serious choking injury hazard. Though there is a “choking hazard” warning, it only appears on the display box and not on the individual toys.

Inflatable Giga Ball

Hazard: Potential for impact and other serious injuries. Children 4 years and older are encouraged to crawl inside this inflatable ball. The box warns against use on hills and in water, and that parent supervision is “required,” however the toy itself indicates that adult supervision is only “recommended.”

Animal Alley Purse Set

Hazard: Potential for ingestion/aspiration injuries. These soft toys are sold for infants. The ponies have long, fiber-like hair that is not adequately rooted and is easily removable. This presents the potential for ingestion or aspiration, but these hazards are not referenced anywhere on the product or product tags.

Spider-Man Adjustable Toy Skates

Hazard: Potential for wrist and other impact injuries. The skates, recommended for “Ages 3 To 6”, have warnings on the packaging, including a requirement that children wear helmets, wrist guards, knee pads, and elbow pads while skating, but only include knee and elbow pads.

Pucci Puppies – My Own Puppy House Golden Retriever

Hazard: Potential for choking injuries. Children ages “2 years +” are encouraged to play with this golden retriever puppy, dog house, and accessories including a bone, cookie, chew toy and food bowl. The accessories are easily ingestible small parts.

Walk’n Sounds Digger The Dog

Hazard: Potential for strangulation/entanglement injuries. The toy industry has voluntary standards requiring strings on playpen or crib toys to be less than 12 inches in length. This pull-toy’s cord measures 26 inches. This toy is intended for “infants” and recommended for children “over 12 months,” and is a prime candidate for cribs and playpens.

Meadow Mystery Play-A-Sound Book With A Cuddly Pooh

Hazard: Potential for choking injuries. A soft Winnie-the-Pooh doll sold, sold with a book, has a cloth mask which, once removed, poses a potential choking hazard. The package states that the toy has been safety tested for children “18 months+,” but the tag attached to Pooh states that it is “[r]ecommended for all age groups.”

Extreme Spiral Copters

Hazard: Potential for eye injuries. Children “Ages 5 and Up” are encouraged to launch the copter projectile into the air with an elastic band, in a fashion similar to a slingshot. Cautions include “DO NOT SUBSTITTUE THE SUPPLIED COPTER WITH ANY OTHER PROJECTILE” and “DO NOT AIM AT EYES OR FACE”.

Ninja Battle Gear – Michelangelo

Hazard: Potential for blunt impact injuries. This line of toys encourages children to wield weapons while pretending to be a ninja. Michelangelo’s “Nunchaku”, recommended for children 4 years and older, consists of two long plastic handles connected by a plastic chain. The manufacturer describes the toy as a “Kick-butt signature weapon.” There are no cautions or warnings relating to potential impact injuries.

Originally posted at InjuryBoard by Greg Webb