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    The Child You Save May be Your Own

    By Jeff Herman

    Every holiday season, as the annual shopping binge gets underway, the press runs stories about dangerous toys. But few of us realize how prevalent they are, or how many injuries they cause.

    According to the Consumer Product Safety Commission (CPSC), toy-related injuries cause 212,400 trips to the emergency room annually, and result in an average of thirteen child deaths. Currently the CPSC does not test toys, and manufacturers also are not required to test them. Rather, the CPSC gathers complaints of injuries after the fact, and if enough injuries are reported or complaints are made, the CPSC issues a recall. These recalls result in unsold inventory being pulled off the shelves, but consumers are not notified unless they happen to come across mention of the recall in the media.

    The CPSC currently has 47 toy recalls in progress, which are all due to complaints. The industry watchdog group, World Against Toys Causing Harm (WATCH) calls this “body count testing.”

    There are several hazards to remember when shopping for toys--some are obvious, and some are not. Toys containing small parts always present a choking hazard for children under three. These toys are the most commonly recalled.

    However, a recent list of dangerous toys from the U.S. Public Interest Research Group listed seven toys which were known to be toxic to children. Six of the seven were “teethers,” designed to be put in the mouth of small children: the Baby Looney Tunes Cooling Ring Teether, the Cool Ring Teether, the Funny Face Teether Rattle, the SofSport Teether, and the Sports Fan Water Teether. The last two were manufactured by a company named “Safety First.”

    Each year in late November, WATCH issues its annual “Top Ten List of Dangerous Toys.” The list can be found at www.toysafety.org.

    At press time, the 2004 list had not come out, but a review of the 2003 list is instructive. For example, the Stats Bounce Jump Around jumping toy made by Toys R Us says on the box it is for children two or older. However, inside the box it contains an insert saying it is for children six and older, and contains written instructions to avoid “drowning and paralysis”--which no two-year-old will be able to read.

    Also on the list is the Supremo Slingshot, a powerful slingshot with three foam balls included. Toys R Us, the retailer and manufacturer, claims that it “can only launch foam balls,” but, absurdly, it also has a warning stating: “Do not shoot anything other than the balls provided.” It is retailed in Massachusetts, even though Massa-chusetts and 13 other states prohibit sale of slingshots.

    But the most alarming toy of 2003 has to be the Nickelodeon Gooze--Super Scented Soda Fountain. Children use this toy to make sodas with “flavors” such as “cherry cola,” “grape soda,” “mint chocolate chip,” and “marshmallow.” How-ever, a warning for the toy states: “WARNING! DO NOT EAT! KEEP AWAY FROM FACE AND HAIR! In case of accidental contact, use running water to dissolve.” The manufacturer also warns of a potential allergic reaction. The manufacturer, Jakks Pacific, states: “Our Gooze products are activity-toy compounds, not food products, and are clearly marked as such on the packaging.”

    The CPSC has its own list of dangerous toys, called the “Dangerous Dozen.” These are toys which have been sold and are being recalled due to actual injuries or deaths. What is alarming is how many of these toys are free toys sold with food which is marketed to kids. For example, the number one entry, Pokemon Balls, were given away by Burger King in 1999 and caused two suffocation deaths. 25 million of them were distributed in two months of 1999. Others included the KFC Tangled Treeples Toy and Fazoli’s Pasta Pals.

    But the champion injury-causing toy on the most recent CPSC list is the “Sky Dancers Flying Dolls,” which fly in unpredictable directions, and have caused 150 injuries including eye injuries, a broken rib, and a “mild concussion.”

    But the toys that really fly under the radar are those in vending machines. In May, 2004, the TV station WPVI (an ABC affiliate) studied these toys, which come in capsules in vending machines, often sold alongside gumballs. They purchased eight toys from vending machines in the Delaware Valley in Pennsylvania and had them tested for toxins including lead. The federal standard for lead in paint is .06%. Five of the eight toys purchased had lead levels exceeding that standard. One measured 34.1%, 568 times the level allowed in paint.

    The CPSC said its standard permits no leaching whatsoever of lead from a toy. But the toys tested by WPVI leached lead concentrations up to 0.33%. When a child ingests lead it causes permanent brain and neurological damage. There is no effective treatment for lead poisoning of children.

    So when you go toy shopping this holiday season, check www.toysafety. org before you buy. Have a look at the Consumer Product Safety Commission website for new recalls. And have a happy holiday. n


    Jeffrey L. Herman practices personal injury litigation with the Law Offices of Bradley Johnson in Seattle.

1200 5th Avenue, Suite 600, Seattle, WA 98101 Phone: (206) 267-7100   Fax: (206) 267-7099

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