Product Liability Law Blog

Excessive levels of lead and choking/swallowing hazards associated with small toy parts and magnetic pieces were the reasons cited for the toy recalls in April. The Consumer Product Safety Commission and several toy manufacturers announced the recall of more than 500,000 toys this month, beginning April 3 with StyleMark Inc.'s recall of 144,000 Children’s ‘Main Street Drag’ Sunglasses because of too much lead in the glasses' orange lettering.

Violations of federal lead paint standards was also the reason cited for OKK Trading's recall of 2,000 Interchange Robot Toys,the FUNTASTIC recall of 26,000 Hillbilly Teeth, and Santa’s Toy Corp.’s recall of approximately 9,000 Western Rider Push Toys. Yesterday, Nintendo recalled 71,000 character-themed lapel pins because they contained high levels of lead.

The toys with small parts that are potential choking hazards included 16,400 Imaginarium Multi-Sided Activity Centers and Jungle Activity Centers (sold only in the US at Toys “R” Us stores), 17,000 Dalmatian Press’s Little Builder Children’s Board Book Sets with Toys, and about 300,000 Cuddly Cousins Plush Insect Toys from Dollar Tree Stores Inc.

Henry Gordy International Inc recalled approximately 87,000 Fun ‘N Games Magnetic Dart Boards over worries that kids might swallow the detachable small magnets at the ends of the darts.

All of these toys were made in China.

Last year's massive wave of toy recalls continue to make defective toys a huge issue of concern for parents, as well as federal and state regulators. In March, the U.S. Senate passed legislation for tougher inspections of toys and other kids’ products that are manufactured abroad. The House of Representatives also passed its own version of the legislation in December. While the Bush Administration has expressed some concerns, President Bush has not threatened a veto.

Our toy products liability law firm represents the families of children that have been seriously injured or killed because of a defective or dangerous toy. Our defective products lawyers represent injury clients throughout the United States.

Senate passes foreign-made toy safety bill, MSNBC.com, March 6, 2008

Related Web Resources:

2008 Product Recall Guide, Parents.com

Recalls, Recalls.gov

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This week, Washington State Governor Christine Gregoire signed into law the Children’s Safe Products Act, which imposes the toughest restrictions yet for lead standards for toys among the U.S. states. The law decreases the legally allowed limit for lead in toys from 90 parts per million to 40 parts per million, which is the limit that the American Academy of Pediatrics recommends. The law goes into effect beginning July 1, 2009.

The current federal limit is 600 parts per million, and many state lawmakers have expressed dismay that the federal government isn’t acting faster to change its lead safety standards.

The lead-related recalls continue. In March, toy recalls involving high levels of lead paint included:

• 130 ring toss games by Educational Insights
• 13,000 Hobby Lobby Stores Camouflage Eggs and Spinning Egg Top Toys
• 5,000 S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles

On March 17, representatives for giant toy manufacturers Mattel and Hasbro met with Governor Gregoire and asked her to reconsider signing the bill into law. Mattel says that half of its Fisher-Price toy line will have to be barred from the state of Washington because the level of lead in its toys exceeds the state’s new limit. A few smaller manufacturers, such as Toysmith and Kaethe Kruse Puppen GmbH, say they will stop shipping toys to Washington altogether.

Michigan and Illinois have also approved new lead safety standard laws, while Maryland, Wisconsin, Connecticut, Minnesota, Massachusetts, Maine, and Vermont are among several other states that are reevaluating their safety regulations so they can regulate mercury, lead, phthalates, and other toxins, such as Arsenic, Selenium, and Barium, in toys. California will begin its ban on phthalates next year.

The Minnesota Safety Council says that there were 202,300 toy-related injuries in 2005. One child getting hurt or killed by a toy is one child too many.

Our products liability law firm represents clients throughout the United States whose children were seriously injured or killed because of a defective toy or another dangerous product.

One of our consumer products safety lawyers would be happy to discuss your case with you.

Washington: Restrictions on Chemicals in Toys, New York Times, April 2, 2008

States Alter Rules of Game On Safety for Toy Makers, The Wall Street Journal, March 25, 2008

Recalled Toys and Children's Products, US PIRG

Toy Injury, Minnesota Safety Council

Related Web Resource:

The Children's Safe Product Act of 2008, Washington Toxic Coalition

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In the latest major toy recall, Mega Brands and the U.S. Consumer Product Safety Commission recalled about 2.4 million toys with small magnets because of concerns that the magnet could fall off and seriously injure children if they swallowed or inhaled the small pieces.

Included in the voluntary MEGA Brands recall are 1.3 million MagnaMan Magnetic Toy Figures because the toys have small magnets that can come off. The magnets attach the body parts of each figure together.

While no injuries have been reported so far, the toymaker and the CPSC have reported 25 incidents of the magnet pieces falling off. Toy model numbers affected by the recall are available on the CPSC Web site.

MEGA Brands is also recalling 1.1 million Magtastik and Magnetix Jr. Pre-school Magnetic Toys. There have so far been 19 reported incidents of small magnet pieces falling off the toys.

One 18-month child reportedly put a magnet in his mouth but did not swallow it. A 3-year-old boy needed medical care to remove the magnet that got stuck in his nose.

This is not the first recall for MEGA Brands. In March 2006, MEGA Brands recalled 3.8 million magnetic building sets after four children were seriously injured and another child died because all of them had swallowed small magnet pieces.

In its second magnet toy-related recall since January, Battat Inc. recalled approximately 7,000 more toys with magnets. There have been 16 reports of magnets falling off the building pieces of Battat Magnabild Magnetic Building Toys or Sets.

Magnets can be very dangerous if swallowed or ingested—especially if more than one magnet enters the human body. Intestinal perforations or blocks can occur when two or more magnets come together and can result in serious injuries or deaths.

Our products liability lawyers handle many toy injury cases for children and their families. We are committed to helping you obtain compensation for the harm and trauma that your son or daughter has suffered at the hands of a dangerous or defective toy.

2.4M toys recalled because tiny magnets can fall out, USA Today, March 15, 2008

Battat Recalls Additional Magnetic Construction Sets; Ingested Magnets Pose Aspiration and Intestinal Hazards, CPSC.gov, March 13, 2008

Related Web Resources:

Swallowed Magnets Attract Trouble in Boy's Intestines, ABC News, February 5, 2008

Toy Magnets Attract Sales, and Suits, New York Times, July 15, 2008

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The Toy Industry Association recently announced a new "testing and safety verification system" intended to restore the confidence of U.S. consumers in the safety of the toys that they buy. The new system follows in the wake of last year's mass recalls of some 25 million toys due to hazard and health concerns.

The three key features of this "testing and safety verification system" asks that toy manufacturers:

- Pay more attention to safety when designing toys.
- Make sure that safety concerns are addressed when manufacturing toys.
- Conduct more tests before and after a toy enters the marketplace.

It is important to note, however, that these standards are voluntary, not mandatory. And even new legislation being considered by U.S. lawmakers have their limits.

A bill passed in the House of Representatives last December still fails to make certain tests mandatory, including tests to check for lead content, magnet pieces, or small choking hazard pieces in toys.

The two largest recalls last year involved 4.2 million Aqua Dots beading sets with a coma-inducing chemical that can be swallowed and 7.3 million Polly Pocket dolls with small magnet parts.

It is important to note that the U.S. government and the Consumer Product Safety Commission cannot regulate manufacturers outside the U.S.—over 80% of toys purchased here are made in China. Most of the 25 million toys recalled last year were made in China.

And the recalls keep coming. On Friday, Family Dollar recalled 250,000 Magnetic Dart Boards, because the small magnets at the ends of the darts can come off and are easily swallowed by children.

On February 19, Dumar International USA recalled 64,000 Cinderella 12-Volt Electric Ride-On Vehicles because a short circuit in the battery compartment proved to be a possible fire hazard. Both toys were made in China.

Our consumer product safety law firm would like to talk to you if your child was injured or killed because of a dangerous or hazardous toy. Our products liability attorneys have helped many injured parties and their families recover compensation from liable manufacturers.

Toy safety regulations need steep penalties, Los Angeles Times, February 24, 2008

Recalls,

Related Web Resources:

Toy Industry Association

Toy Safety, U.S.PIRG

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Battat Inc. is recalling 125,000 of its Battat Magnabild Magnetic Building Systems following 16 reported incidents of small magnets falling out of some of the building pieces. Consumers are being asked to take the building kits away from children immediately.

No injuries have been reported in connection to this recall so far, but the danger that small magnets can pose to children who accidentally swallow more than one magnet can be fatal. In the last two years, the U.S. Consumer Product Safety Commission has issued several recalls of over eight million products--many of them toys--due to magnet-related concerns. The problem with making small magnetic pieces available to children is that swallowing more than one magnet can cause serious intestinal and stomach injuries.

Asphyxiation can result. Two magnets drawn to each other in a person’s intestinal walls can lead to blood poisoning and blocks or holes in the intestine. In the event that a child ends up swallowing several magnets, surgery may have to be performed to extricate the magnets. Parts of the intestine may also have to be removed. The injuries caused by swallowing magnetic objects can sometimes be fatal.

Young children and toddlers are especially at risk of magnet-related injuries because they have a tendency to put small objects in their mouths. One boy, a 20-month-old toddler, died from his injuries. There are 33 other reported cases of injuries involving children swallowing magnet. The youngest injury victim was 10-months-old, while the oldest victim was 11.

If your son or daughter was seriously injured because of a toy that is defective or lacked the proper safety measures to ensure that it is safe for kids, you should speak with one of our products liability lawyers right away. Our consumer protection law firm is dedicated to helping injured children and adults obtain personal injury compensation for the harm that was caused to them by a defective or dangerous product.

Physical symptoms to indicate that your child may have swallowed a magnet can include nausea, vomiting, stomach pains, and diarrhea.

What To Do If Your Child Swallows a Magnet:

• Get medical help right away.
• Ask the doctor to check any x-rays to see if more than one magnet was swallowed.
• Contact our product safety law firm to explore your legal options.

Magnets in building kit pose hazard if swallowed, The Morning Call, January 29, 2008

Small Magnets Are Injuring Children; CPSC Releases Stronger Warning to Parents, CPSC, April 19, 2007

Related Web Resources:

Battat Inc.

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It is only the middle of January and already four products have been recalled due to excessive levels of lead. On Tuesday, A.A. of America Inc. recalled 5,400 Toy Wrestler Figures because the product’s surface paint had levels of lead that violated the U.S.’s federal lead paint standard.

Similar concerns were the reason for the recalls last week by Kash N’ Gold Ltd. of 60,000 Tinker Bell Novelty Lamps, which were sold at U.S. appliance and electronic stores last year, and the 1,300 Fish Coin Bank that were given away by the North Carolina Coastal Federal Credit Union. Tricam Industries recalled 15,000 of its metal Toy Wagons on January 3 also because of lead concerns.

Of the more than 20 million toys that the U.S. Product Safety Commission recalled last year—excessive levels of lead was one of the primary concerns. And the toy recalls continue—even as China and Hong Kong take steps to regain consumer confidence.

At the Hong Kong Toys and Games Fair last week, the Hong Kong Trade Development Council's Toys Advisory Committee Chairman Jeffrey Lam stressed that the majority of toys manufactured in the two countries are of the highest level in quality and safety. 75% of the world’s toys are made in Hong Kong and China.

The Toy Wrestler Figures, Coin Fish Banks, and Toy Wagons were manufactured in China, while the Tinker Bell Lamps were made in Hong Kong. Consumers are asked to stop using all products and to keep them away from children.

Lead Poisoning
Exposure to lead can pose serious health risks—especially to children, whose bodies and brains tend to absorb and be affected by lead more easily than adults' bodies. A 6-year-old girl playing with a toy with excessive levels of lead can get very sick after putting her hand in her mouth or inhaling paint chips that have come from the toy. Lead poisoning in children can lead to brain damage, stunted growth, learning disabilities, behavioral problems, and hearing problems.

Adults, however, are not exempt from lead poisoning. Exposure to high levels of lead can cause reproductive problems, digestive disorders, memory problems, high blood pressure, and other health issues.

Lead poisoning happens after the toxic levels that have entered the body start to build up. While some symptoms occur right away, others may develop over time.

If your child is a victim of lead poisoning because of exposure to high levels of lead from a toy or any other product, you should contact our products liability law firm immediately. You may be entitled to receive personal injury compensation.

Asia toy producers focus on safety, UPI Asia Online, January 14, 2008

Toymakers, buyers rebuild trust after China safety scares, AFP, January 13, 2008

Consumer Products, Recalls.gov

Lead in Paint, Dust, and Soil, U.S. Environmental Protection Agency

Related Web Resources:
Toys and Childhood Lead Exposure, CDC.gov

Lead Poisoning, NSC.org

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Shopping for children’s toys has created a safety nightmare for parents where there used to be none because of the recent recalls on toys containing high levels of lead, GHB, and candy-like magnetic pieces that when swallowed, can cause choking hazards or serious, if not fatal, intestinal injuries. The toys at highest risk seem to be those made in China.

As the holiday season wraps up, the U.S. Consumer Product Safety Commission has posted over 700 Toy Hazard Recalls leading many parents to worry about the where the toy is made and what it is made of. “Anytime a company brings a banned hazardous product into the US marketplace, especially one intended for children, it is unacceptable,” said Nancy Nord, acting chair of the CPSC.

Serious injuries, including one fatality, have occurred as a result of children swallowing tiny magnets that fall out of Magnetix toy pieces. Parents Magazine reported that “Spin Master recalled about 4.2 million of its Aqua Dots beads after discovering that the beads' coating may contain a chemical that becomes toxic when ingested. Children who swallow the beads can develop respiratory depression, become comatose, or have seizures.”

Carter Keithley, President of the Toy Industry Association “Safety is and always has been the number one priority of the U.S. toy industry. For this holiday season, toy manufacturers and retailers are re-doubling their efforts. They are testing and retesting toys in order to reassure consumers in the safety of their products. As a result, there is more attention and scrutiny being applied to the toys sold in America than ever before.”

The toy industry has long-held the confidence of parents to develop and produce items that bring happiness and education to children. Product recalls affect a parent’s purchase; corporate profitability is suffering. In 2007, Fisher-Price recalled close to 1 million toys, including Big Bird and Elmo, because of high levels of lead paint in the products.

Sen. Dick Durbin, IL (D) introduced a bill to dramatically expand the product safety commission’s ability to protect consumers and to provide better safety standards for imported products.

Recent NY survey shows some recalled toys still on store shelves. What can you do to protect your children? Be a conscientious consumer. Look for posted recalls in the stores where you shop. Search the internet for recall information. Examine the toys before giving them to your children. Instruct your children on the proper and intended us of the toy. Read the labels on toys and take the age recommendations seriously.

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