Acknowledgments NYPIRG’s report, Treacherous Toys: Dangerous and Toxic Toys on New York’s Store Shelves, was written by Tracy McCabe Shelton, Esq., and Megan Ahearn, NYPIRG Program Coordinator. Cover design by Tracy McCabe Shelton. The authors would like to thank Rebecca Weber, Farouk Abdallah, and Aileen Sheil for their help in forming the concept for this report. The authors would also like to thank: Zachary Allen, Rose Barone, Samantha Behrman, Clifford P. Bias, Lucy Cabrera, Patty Ceravole, Armando Chapelliquen, Marcus Charlton, Nina Difederico, Darren Fignole, Ben Fraimow, Adam Garfield, Stephanie Gray, Jessica Johnnes, Robert Kornblum, Kathleen Kuzda, Casey Lajszky, Eric Legeer, Leo Lopez, Morganne Montana, Duke Nagrampa, Tassia Rosa, Kirty Singh, Tevin Smith, Nicole St. James, Kateri Turner, Bryan Wigfall, Alex Wojcik, Eric Wood, Sebastian Yumiseba, and Matt Zheleznyak for their help with research for the report. The New York Public Interest Research Group, NYPIRG, is the largest and most effective student-directed, nonpartisan, not-for-profit consumer and environmental protection organization in the state. Working on 20 college campuses and in communities across New York State, NYPIRG educates, trains, and empowers students and community members to be more engaged and effective advocates. Since 1973, NYPIRG has played a key role in fighting for more than 150 public interest laws and executive orders that protect the environment and public health, safeguard consumers, improve public transportation and foster a responsive, democratic government. Visit us at www.nypirg.org. 2 Contents Introduction…………………………………………………………….…………………………………………………………….1 Potential Hazards Indentified in Toys and Children’s Products on the Shelves of Stores in New York…………………………………….…………………………………….………..4 NYPIRG’s 2013 List of Potentially Unsafe Toys and Children’s Products………………………………….7 3 Treacherous Toys: Dangerous and Toxic Toys on New York’s Store Shelves The holidays are upon us and toy manufacturers are kicking into high gear to offer the hottest toys for the season. There is a scramble among toy manufacturers to come out with the toy that is at the top of children’s holiday “wish lists.” Toy shoppers often seek to select toys that are fun, educational and popular. The purpose of the New York Public Interest Research Group/NYPIRG report, “Treacherous Toys: Dangerous and Toxic Toys on New York’s Store Shelves,” is to remind toy shoppers to take safety into consideration when they are selecting toys and other children’s products this holiday season. NYPIRG’s toy safety report is also intended to pressure toy manufacturers to make toy safety a top priority when they are producing toys. This report contains a list of potentially unsafe toys and children’s products. The toys and children’s products included on the list were identified in stores located in the state of New York and/or for sale by online retailers in November and December 2013. The field study participants found toys and children’s products in the stores that appeared on three different recently released lists of potentially unsafe toys and children’s products in the following toy and child safety reports: (1) WORLD AGAINST TOYS CAUSING HARM, INC.'S "10 WORST TOYS" LIST. Released on November 20, 2013. James A. Swartz & Joan E. Siff. www.toysafety.org (2) United States Public Interest Research Group’s “Trouble in Toyland.” 28th Annual Report Released on November 26, 2013. Jenny Levin. http://www.uspirgedfund.org/reports/usf/trouble-toyland-2013 This report also covers toys which have been recalled in the past year that may still pose a risk to consumers and their families who had previously purchased these items, using the following resource: (3) Consumer Product Safety Commission 2013 Toy Recall List, http://www.cpsc.gov/en/Recalls/ From November 22nd through December 4th, a team of NYPIRG field study participants identified 14 potentially unsafe toys and children’s products in 35 stores across the state. Seven toys posed a choking hazard, three toys and children’s products tested positive for the toxic substances and two toys posed an impact hazard. Surveyors also identified toys that pose eye and magnetic toy hazards. 4 World Against Toys Causing Harm (W.A.T.C.H.) For more than four decades, W.A.T.C.H. has identified toys defectively designed or manufactured that could lead to serious injuries or death. Despite these efforts, there remain an alarming number of dangerous toys on retail shelves. In the United States, over three billion toys and games are sold each year. The CPSC reported that in 2011 alone, there were at least thirteen (13) toy-related deaths to children under 15 years old, and an estimated two hundred sixty two thousand three hundred (262,300) toy-related injuries treated in U.S. hospital emergency rooms.1 There is no excuse for manufacturing a toy that can kill or injure a child. Consumers have a right to expect that the toys they select for their children are designed with the utmost safety standards. The "10 Worst Toys" list is one of the ways W.A.T.C.H. continues the fight to protect children from unsafe toys against a 20 billion dollar a year toy and game industry. Protecting children will, however, take more than a list of illustrative harmful toys. Safety for children in the year 2013 and beyond will only occur when preventing injuries caused by unsafe toys becomes the number one priority for the toy industry and the government regulatory agencies. NYPIRG’s list of Treacherous Toys contains four toys from the W.A.T.C.H. "10 Worst Toys" list, including the Big Rock & Roll Ball Pit, Max Steel Interactive Steel with Turbo Sword, N-Strike Jolt Blaster and Disney Baby Snow White. United States Public Interest Research Group (USPIRG) For nearly three decades, the USPIRG “Trouble in Toyland” report has offered safety guidelines for purchasing toys for small children and provided examples of toys currently on store shelves that pose potential safety hazards. Dangerous or toxic toys can still be found on America’s store shelves, according to USPIRG’s 28th annual “Trouble in Toyland” report. The report includes a list of dangerous toys that surveyors found on toy store shelves. Key findings from the report include: Toxics in Toys - The current federal legal standard limits six kinds of phthalates to 1,000 ppm, and limits the amount of antimony and arsenic, cadmium and other elements that can leach out of toys. Surveyors found toxic chemicals including phthalates, lead, antimony, and cadmium. The Ninja Turtles Pencil Case was found to contain 150,000 1 WORLD AGAINST TOYS CAUSING HARM, INC.'S "10 WORST TOYS" LIST. Released on November 20, 2013. James A. Swartz & Joan E. Siff. www.toysafety.org Accessed December 6, 2013. 5 ppm of one of six phthalates banned from toys, as well as excessive levels (600 ppm) of the toxic metal cadmium.2 Choking Hazards – Choking, on small toy parts, small balls, marbles and balloons, continues to be the major cause of toy-related deaths and injuries. Between 2001 and 2012, more than 90 children died from choking incidents.3 This year surveyors found several toys that contained small parts or “near small part” toys. The toys containing small parts contained improper labels and might be mistakenly purchased for children under 3. The toys containing near small parts support our argument that the small parts test should be made more protective by enlarging the test cylinder. Surveyors also found some toy foods including both near small parts and other rounded ball-like foods that would fail the small ball test although they are technically subject to the lessstringent small parts test. Toy foods pose a special hazard, because they look to small children like something that should be eaten. Magnets - Magnet toys made with neodymium iron boron magnets, such as the Buckyball magnets that are the subject of a CPSC court action, are still available and continue to cause accidents. CPSC staff have estimated that between 2009 and 2011 there were 1,700 emergency room cases nationwide involving the ingestion of high powered magnets. More than 70% of these cases involved children between the ages of 4 and 12.4 Surveyors also found ellipsoid toy magnets that nearly fit in the small parts cylinder, and are classified as a novelty “finger-fidget” toy. These magnets are smooth and shiny and sold in pairs; striking them together causes them to vibrate and produce a singing sound, making them appealing to children. CPSC has reported gastroenterological injuries associated with ellipsoid magnets. If the magnet had fit in the small parts test cylinder, it would be banned for sale to children under 14. These, instead, were labeled “eight and up.” NYPRG’s list of Treacherous Toys includes ten toys and children’s products from the USPIRG “Trouble in Toyland” list including: Princess Wand, Littlest Pet Shop-Sunil Nevla, Littlest Pet Shop-Seal and Dolphins, Littlest Pet Shop-Candyswirl Dreams Collection, Gobble Gobble Guppies, Fisher-Price Loving Family Outdoor Barbeque, Teenage Mutant Ninja Turtles Pencil Case, Marvel Superhero Squad Soft Shield, Lamaze Take and Tidy Activity Mat, and Sonic Sound Sizzlers Noise Magnets. 2 Centers for Disease Control and Prevention, February 2011. National Report on Human Exposure to Environmental Chemicals, http://www.cdc.gov/exposurereport/. Accessed on October 19 2011. 3 Toy Injury Statistics. CPSC Injury Statistics. http://www.cpsc.gov 4 Ibid. 6 POTENTIAL HAZARDS IDENTIFIED IN TOYS AND CHILDREN’S PRODUCTS IN NEW YORK STORES From November 22nd through December 4th, a team of NYPIRG field study participants identified 14 potentially unsafe toys and children’s products in 35 stores across the state. Seven toys posed a choking hazard, three toys and children’s products tested positive for the toxic substances and two toys posed an impact hazard. Surveyors also identified toys that pose eye and magnetic toy hazards. Potential Choking Hazards: Choking—on small toy parts, small balls, marbles and balloons— continues to be the major cause of toy-related deaths and injuries. Between 1990 and 2012, over 200 children died from choking incidents.5 Under the Child Safety Protection Act (CSPA) and Consumer Product Safety Commission rules: ■■ Toys intended for children under three are banned if they contain small parts or easily break into pieces that are small parts. ■■ Toys intended for children between the ages of three and six years old that contain small parts must include an explicit choke hazard warning with precise statutory language. ■■ Any small ball or toy that contains a small ball must meet a stricter safety test and include an explicit choke hazard warning. ■■ Marbles or toys with marbles must include an explicit choke hazard warning. ■■ All balloons must include a warning about the dangers of uninflated or broken balloons to children younger than eight years of age.6 Toxic Substance-Phthalates: In recent years, a growing body of scientific evidence has found that phthalates—chemicals added to PVC/vinyl plastic—are associated with hormone disruption, birth defects, asthma and other serious health problems; many of these same health problems that are on the rise. Phthalates are added to vinyl plastic to make it soft and flexible. Studies have shown these harmful chemicals can be released into the air or leach out of the plastic, and these chemicals are getting into our bodies as a result. Children face the highest exposure to these chemicals.7 5 Toy Injury Statistics. CPSC Injury Statistics. http://www.cpsc.gov th United States Public Interest Research Group’s “Trouble in Toyland.” 28 Annual Report Released on November 26, 2013. Jenny Levin. http://www.uspirgedfund.org/reports/usf/trouble-toyland-2013 Accessed December 5, 2013. 7 U.S. Environmental Protection Agency. 2012. Phthalate Action Plan. Online: http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/phthalates_actionplan_revised_2012-03-14.pdf 6 7 Toxic Substance-Lead: Lead is a highly toxic substance that causes chronic health problems, learning disorders, behavior problems, and delayed growth, among other things. Lead has been banned in paint, children’s products, and dishes since 1978. Children are most susceptible to the effects of lead, and there is no safe level of lead exposure. Potential Puncture/Impact Hazards: Pointed, rigid plastic tips and play “blades” pose the potential for penetrating impact and puncture wound injuries.8 Magnetic Toy Hazards: Ellipsoid toy magnets that nearly fit in the small parts cylinder were found in our survey. They are classified as a novelty “finger-fidget” toy. These magnets are smooth and shiny and sold in pairs; striking them together causes them to vibrate and produce a singing sound, making them appealing to children. CPSC has reported gastroenterological injuries associated with ellipsoid magnets.9 If the magnet had fit in the small parts test cylinder, it would be banned for sale to children under 14. These, instead, were labeled “eight and up.”10 THE CONSUMER PRODUCT SAFETY COMMISSION - CPSC CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household Accessed December 4, 2012; American Public Health Association (APHA). 2011. Reducing PVC in Facilities with Vulnerable Populations. Online: http://www.apha.org/advocacy/policy/policysearch/default.htm?id=1419 Accessed December 4, 2012. 8 WORLD AGAINST TOYS CAUSING HARM, INC.'S "10 WORST TOYS" LIST. Released on November 20, 2013. James A. Swartz & Joan E. Siff. www.toysafety.org Accessed December 5, 2013. 9 The CPSC staff has noted that “some of” the large ellipsoid magnets fit inside the choke cylinder. The PIRG samples narrowly did not. See “Staff Responses to Questions about the Notice of Proposed Rulemaking for Hazardous Magnet Sets,” Memo to the Commission, dated 20 August 2012, available at http://www.cpsc.gov/library/foia/foia12/brief/nordmagnet.pdf Accessed December 4, 2012. 10 th United States Public Interest Research Group’s “Trouble in Toyland.” 28 Annual Report Released on November 26, 2013. Jenny Levin. http://www.uspirgedfund.org/reports/usf/trouble-toyland-2013 Accessed December 5, 2013. 8 chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.11 Yet, the CPSC has their work cut out for them. According to then-CPSC Chairperson Inez Tenebaum’s address to the Toy Industry Association this year, 38 toys were recalled in 2012.12 In fiscal year 2013, 31 toys were recalled. However, seizures of toys that contain hazards in violation of federal standards, such as excessive lead and phthalate levels and choking hazards, are alarmingly high. Since 2008, the CPSC and U.S. Customs and Border Protection (CBP) have stopped nearly 10 million toy units that violated federal standards.13 NYPIRG urges consumers to take the following steps to make sure recalled toys are not lurking: □ Visit http://www.cpsc.gov/en/Recalls/, where visitors can: research recall alerts and news by product, by company, or by manufacturing country; download safety guides; and search a database of all product safety reports filed. □ Check toy chests and closets, caretaker’s home, and/or other childcare facilities to make sure that none of the toys that have been recalled are present. □ Follow the U.S. CPSC twitter handle at @OnSafety to stay informed of toy and other product recalls in real time. □ Sign up to get recall email alerts by visiting http://www.cpsc.gov/Newsroom/Subscribe/. □ Consumers can also download the recall app for a smart phone at http://www.cpsc.gov/cgi-bin/javascripts/widgetrss.html. □ Report unsafe or hazardous products at www.saferproducts.gov. 11 About CPSC, http://www.cpsc.gov/en/About-CPSC/ CPSC Speeches, “International Toy Fair Keynote Address, New York, N.Y.,” February 12, 2013. Accessed December 6, 2013. Found at: http://www.cpsc.gov/en/About-CPSC/Chairman/Speeches/International-Toy-FairKeynote-Address-02122013/ 13 CPSC News Release, “Global System of Toy Safety Works to Keep Kids Safe This Holiday Season; Recalls Down, Port Seizures Up,” November 20, 2013. Accessed December 6, 2013. Found at: http://www.cpsc.gov/en/Newsroom/News-Releases/2014/Global-System-of-Toy-Safety-Works-to-Keep-Kids-SafeThis-Holiday-Season-Recalls-Down-Port-Seizures-Up-/ 12 9 Treacherous Toys: NYPIRG’s 2013 List of Potentially Unsafe Toys and Children’s Products NYPIRG’s 2013 list of Treacherous Toys list contains four toys from the W.A.T.C.H. “10 Worst Toys” list including: BIG ROCK & ROLL BALL PIT Manufacturer or Distributor: The Little Tikes Company Age Recommendation: “3+ years” Warnings: “CAUTION: Use only under Competent Supervision”; DO NOT dive on, climb on, or jump off of item”; and numerous other warnings and cautions HAZARD: POTENTIAL FOR IMPACT INJURIES W.A.T.C.H. OUT! Children as young as 3-years-old are encouraged to climb inside or push this rolling, inflatable ball pit. The manufacturer cautions that “competent adult supervision is required….,” however the box portrays unsupervised children at play. This toy was identified in the following store in New York: Toys R Us, 2845 Richmond Ave, Staten Island, NY; Toys-R-Us, 7 City Pl, White Plains, NY MAX STEEL INTERACTIVE STEEL WITH TURBO SWORD Manufacturer or Distributor: Mattel Age Recommendation: “4+” Warnings: “WARNING: Small parts may be generated” (package) HAZARD: POTENTIAL FOR IMPACT INJURIES W.A.T.C.H. OUT! Young children are encouraged to “attach steel to turbofy” this rigid plastic sword, measuring approximately 2 feet long. The blade has the potential to cause facial or other impact injuries. This toy was identified in the following stores in New York: Kmart, Astor Pl, NY, NY; Target, 4024 College Pt Blvd, Flushing, NY; Toys R Us, 30-02 Whitestone Expressway, Flushing, NY; Toys R Us, 61-35 Junction Blvd, Rego Park, NY; Kmart, 3469 Erie Blvd E, Dewitt, NY; Kmart, 854 New York 13, Cortland, NY; Toys R Us, 2875 Flatbush Ave, Brooklyn, NY 10 N-STRIKE JOLT BLASTER Manufacturer or Distributor: Hasbro Age Recommendation: “Ages 8+” Warnings: “CAUTION: Do not aim at eyes or face. TO AVOID INJURY: Use only darts designed for this product. Do not modify darts or dart blaster” HAZARD: POTENTIAL FOR EYE INJURIES W.A.T.C.H. OUT! The manufacturer of this “jolt blaster” which packs a “powerful punch,” encourages children to “[h]ide it in your pocket to get the drop on your unsuspecting target!” The dart provided can shoot with enough force to potentially cause eye injuries. This toy was identified in the following stores in New York: Kmart, Herald Square, NY, NY; Kmart, 3469 Erie Blvd E, Dewitt, NY; Toys R Us, 463 S Rd, Poughkeepsie, NY; Kmart, 1895 South Rd #1, Poughkeepsie, NY; Kmart, 854 New York 13, Cortland, NY; Target, 625 Atlantic Ave, Brooklyn, NY; Toys-R-Us, 7 City Pl, White Plains, NY DISNEY BABY SNOW WHITE Manufacturer or Distributor: Tollytots Limited Age Recommendation: “2+” Warnings: “WARNING: Remove all packaging attachments like rubber band and/or plastic strap before giving product to child” HAZARD: POTENTIAL FOR CHOKING INJURIES W.A.T.C.H. OUT! Oral-age children as young as 2-years-old are encouraged to add “Baby Snow White” to their “royal nursery” collection. The doll is sold wearing a detachable headband with a plastic heart-adorned bow that poses the potential for choking if ingested. This toy was identified in the following stores in New York: Target, 2001 South Rd, Poughkeepsie, NY; Kmart, 1895 South Road #1, Poughkeepsie, NY; Target, 1300 Ulster Ave, Kingston, NY; Walmart, 819 Bennie Rd, Cortland, NY; Kmart, 854 New York 13, Cortland, NY; Walgreens, 3948 New York 281, Cortland, NY; Toys R Us, 2845 Richmond Ave, Staten Island, NY; Target, 7 City Pl, White Plains, NY 11 NYPRG’s list of Treacherous Toys includes ten toys and children’s products from the USPIRG “Trouble in Toyland” list including: PRINCESS WAND Product name: Princess Wand Label on toy: None Type of hazard: Choking Why toy is a problem: A small heart that fits inside the small parts cylinder detaches easily. Manufacturer/Distributor: Greenbrier International This toy was identified in the following store in New York: Dollar Tree, 2040 Forest Ave, Staten Island, NY LITTLEST PET SHOP- SUNIL NEVLA Product name: Littlest Pet Shop- Sunil Nevla Label on toy: 4+ Type of hazard: Choking Why toy is a problem: The bottom of the toy animal easily detaches and fits within the small parts cylinder. There is no small parts warning, which is required for toys intended for children between 4 and 6 that contain small parts. Manufacturer/Distributor: Hasbro This toy was identified in the following store in New York: Kmart, 2660 Hylan Blvd, Staten Island, NY 12 LITTLEST PET SHOP – SEAL AND DOLPHINS Product name: Littlest Pet Shop- Seal and Dolphins Label on toy: 4+ Type of hazard: Choking Why toy is a problem: The round head of the seal easily detaches and barely passes the small parts test but fails the small ball test. Manufacturer/Distributor: Hasbro This toy was identified in the following stores in New York: Walmart.com; Kmart, Astor Place, NY, NY; Walmart, 819 Bennie Rd, Cortland, NY LITTLEST PET SHOP – CANDYSWIRL DREAMS COLLECTION Product name: Littlest Pet Shop- Candyswirl Dreams Collection Label on toy: 4+ Type of hazard: Choking Why toy is a problem: The bottom of the toy animal easily detaches and the head and/or bottom fit within the small parts cylinder. There is no small parts warning, which is required for toys intended for children between 4 and 6 that contain small parts. Manufacturer/Distributor: Hasbro This toy was identified in the following stores in New York: Target, 40-24 College Pt Blvd, Flushing, NY; Toys R Us, 463 S Rd, Poughkeepsie, NY; Walmart, 601 Frank Sottile Blvd, Kingston, NY; Target, 40 W 225th Street, Bronx, NY GOBBLE GOBBLE GUPPIES Product name: Gobble Gobble Guppies Label on toy: 2+ Type of hazard: Choking Why toy is a problem: The round fish are bigger than choke tube but smaller than small ball tester. Manufacturer/Distributor: SwimWays This toy was identified in the following stores in New York: Bedbathandbeyond.com; Buybuybaby.com; Homedepot.com; Lesliepool.com; Sears.com; Target.com; Wayfair.com; Toys R Us, 2875 Flatbush Ave, Brooklyn, NY 13 LOVING FAMILY OUTDOOR BARBEQUE SET Product name: Fisher-Price Loving Family Outdoor Barbeque Label on toy: 3+ Type of hazard: Choking Why toy is a problem: The toy has circular near small part and also looks like something that should be eaten. Manufacturer/Distributor: Mattel This product was identified in the following stores in New York: Kmart.com; Target.com; Kmart, Herald Square, NY, NY; Kmart, 2660 Hylan Blvd, Staten Island, NY; Toys R Us, 2875 Flatbush Ave, Brooklyn, NY; Babies R Us, 395 Gateway Ave, Brooklyn, NY TEENAGE MUTANT NINJA TURTLES PENCIL CASE Product name: Teenage Mutant Ninja Turtles Pencil Case Type of hazard: Cadmium and phthalates pose chronic health hazards to children Why toy is a problem: Tested at 150,000 ppm DEHP and 600 ppm cadmium. Although this children’s product is not a toy subject to either the CPSIA’s phthalates or toxic metals limits, these hazards should be eliminated from all children’s products. Manufacturer/Distributor: Innovative Design, LLC This toy was identified in the following stores in New York: Toys R Us, 30-02 Whitestone Expressway, Flushing NY; Toys R Us, 2845 Richmond Ave, Staten Island, NY 14 MARVEL SUPERHERO SQUAD SOFT SHIELD Product name: Marvel Superhero Squad Soft Shield Label on toy: 2+ Type of hazard: Lead poses chronic health hazards to children Why toy is a problem: Tested at 2900 ppm lead Manufacturer/Distributor: Disguise, Inc. This toy was identified in the following stores in New York: Toys R Us, 61-35 Junction Blvd, Rego Park, NY; Toys R Us, 2845 Richmond Ave, Staten Island, NY LAMAZE TAKE AND TIDY ACTIVITY MAT Product name: Lamaze Take and Tidy Activity Mat Type of hazard: Antimony poses chronic health hazards to children Why toy is a problem: Tested at 900 ppm Antimony (Sb). Although this product may or may not violate the CPSIA’s soluble Antimony limit (60ppm), its total antimony of 900ppm puts infants at risk for exposure. Manufacturer/Distributor: TOMY This toy was identified in the following store in New York: Babies R Us, Union Square, NY, NY SONIC SOUND SIZZLERS NOISE MAGNETS Product name: Sonic Sound Sizzlers Noise Magnets Label on toy: 8+ Type of hazard: Ingestion Why toy is a problem: The toy contains two high powered magnets that are near small parts. If the toy was a small part, it would be banned for children <14. Manufacturer/Distributor: JA-RU Inc This toy was identified in the following stores in New York: (Snake Eggs) Deal$, 39-09 Queens Blvd, Sunnyside, Queens; (Snake Eggs) Dollar Tree, 2101 Elmwood Ave, Buffalo, NY 15