Buying Safe Toys This Season

December 1999 - Buying Safe Toys This Season

by Richard H. Middleton, Jr. & Leah S. Guerry

Navigating a toy store is no easy task at any time, let alone the holiday season, when stores are crowded, patience is short, and stamina to shop 'til you drop is flagging. It's enough to make most parents grab the first few items they see and leave as quickly and possible. The good news is that toys are increasingly growing safer, so there is less risk of buying a toy that could harm your child. However, we can further reduce the risk of injury if we scrutinize each toy before we add it to the shopping cart.

Many consumer groups, like U.S. PIRG, compile annual lists of what they consider to be dangerous toys. Parents can use these lists to avoid items that may need review by the U.S. Consumer Product Safety Commission (CPSC), which has jurisdiction to inspect and test over 15,000 types of consumer products.

"We put out our annual list to warn parents and to convince the CPSC to remove certain products from the market. Despite the best intentions of the CPSC, they can't do it all themselves," says Elizabeth Hitchcock, communications director at U.S. PIRG. She adds, "We look for toys that pose a choking hazard for children under age three; strangulation hazards, like cords; projectile hazards and toys with sharp edges. We've also added newer criteria to the list - toxic substances."

Months before the holiday season, PIRG staff and volunteers spend time in toy stores, opening packages and testing items for small parts with what is called a no-choke tube. The Child Safety Protection Act, a federal toy labeling law, requires manufacturers to place warning labels on toys that pose a choking hazard to young children - specifically children under age three. Parents can purchase a no-choke tube in toy or baby specialty stores. If a small part fits entirely inside the tube, the part is considered a choking hazard.

"Parents need to think about the abuse a child will give a toy. You have to consider whether a child will chew on a toy or try to pull it apart," says Hitchcock. "Parents often believe their children can handle more advanced toys, but the truth is, kids put things in their mouths."

For fiscal year 1998 (October 1, 1997 through September 30, 1998) the CPSC recalled 45 children's toys for small parts. In 1997 (January through December), the agency reported 11 toy-related choking deaths.

The National SAFE KIDS Campaign recommends purchasing toys that are age-appropriate, and offers the following guidelines:

q Under age 1: activity quilts, stuffed animals without button noses/eyes, bath toys, soft dolls, baby swings, cloth books and squeaky toys.

q Ages 1 to 3: books, blocks, fit-together toys, balls, push-and-pull toys, pounding toys and shape toys.

q Ages 3 to 5: approved non-toxic art supplies, books, videos, musical instruments, outdoor toys like baseball tee, slide or swing.

q Ages 5 to 9: craft materials, jump ropes, puppets, books, electric trains (after age 8), and sports equipment. Children age 8 and up can use electrical and battery-operated toys. Do not allow children to change batteries.

q Ages 9 to 14: computers, microscopes, table and board games, outdoor and team sports equipment.

q Include protective gear and helmets with gifts like bikes, in-line skates, and skateboards.

Young children can also be harmed if they play with toys geared for older siblings, so be sure to store toys out of reach of younger kids. Hitchcock, of U.S. PIRG, also recommends that parents check toys that are hand-me-downs. These toys may have been recalled, or they may be an older design that has since been replaced - like the Fisher Price Little People -- by a newer, safer model.

"We want people to be knowledgeable so that their kids play safely and use toys safely," says Terri Bartlett, communications director of the Toy Manufacturers of America (TMA). She says there are three elements that contribute to safe play: Manufacturers have to make safe toys, regulatory agencies must ensure toys meet proper guidelines, and parents must make sure toys are used and stored correctly.

This year TMA launched a new hotline for parents who have toy-related safety questions. You can reach the hotline by calling (877) 4TOYSAFETY or go to the web site at www.toy-tma.org, and click on 4ToySafety. You'll also find an area for kids, complete with a toy safety quiz.

For more information contact U.S. PIRG at www.pirg.org, and the CPSC at www.cpsc.gov.

Richard H. Middleton, Jr., president of the Association of Trial Lawyers of America, is a partner in the Savannah, GA, law firm of Middleton, Mathis, Adams & Tate, P.C.

Leah S. Guerry is the executive director of the Louisiana Trial Lawyers Association.

Reprinted with permission of Louisiana Trial Lawyers Association, P. O. Box 4289, Baton Rouge; (225) 383-5554 or (800) 354-6267.