Articles Posted in Toy Recalls and Safety

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Photos: Worst Toys of 2019, W.A.T.C.H.

The Worst Toys of 2019 list has been released, providing parents and grandparents a preview of toys to avoid this holiday season. We urge you to read this list before you shop. Each toy mentioned has caused injury or has grave potential. We want Massachusetts families to steer clear and enjoy a safe and happy holiday season.

As you read, remember there are just 10 spaces on the Worst Toys list, which is compiled by W.A.T.C.H. – or World Against Toys Causing Harm, Inc. Yet there are far more toys out there which may be unsafe or inappropriate for your child’s age. Read our blog on the Worst Toys list, to help you identify common features in unsafe toys, such as small parts which could cause choking injuries.

Toy injuries are a daily risk for many families in Massachusetts, not just during the holidays. Across the country, 251,700 people suffered toy-related injuries in 2017. From 2015 to 2017, 37 children died while playing. These devastating numbers are preventable if manufacturers, distributors and retailers safely handle products throughout the supply chain. Parents can do their part by always reading and following age recommendation labels. Remember you also have help on this front. You can check the Consumer Product Safety Commission’s website for product warnings and recalls before you shop this holiday season, and throughout the year. You can also sign up for e-mail alerts.


nerf-worst-toys-of-2019-list1 1- Nerf Ultra One

Though it looks like a blast, this Nerf toy is a $49.99 danger, W.A.T.C.H. says. The dart blaster shoots up to 120 feet and claims to be the “Farthest Flying Nerf Dart. Ever.” It carries an age recommendation of 8 and up, with several troubling warnings. W.A.T.C.H. reports the darts can be shot with enough force to cause eye injuries.

2 – Spike the Fine Motor Hedgehog 

Spike is a risky toy because he comes with 12 removable quills, all 3 ½ inches long, W.A.TC.H. The problem is the packaging carries an age recommendation of 18+ months. This is deceptive, leading parents into conclude this is a safe toy for young children of that age. The age recommendation should be higher and carry a choking hazard label.

3 – Bumchems Bunch’N Build

These building toys stick together and make cute formations. What’s not cute is how they can get caught in your child’s hair. The manufacturer is clearly aware of this potential, advising parents to keep their child’s hair pulled back to avoid entanglement. Although they continue selling it, you don’t have to buy it. Carefully consider how your child and what could happen if you leave the room for a moment.

yeti-worst-toys-of-2019-list44 – YETI

Pull at this doll’s white fur and with little effort, it becomes loose. Then it gathers, creating a choking hazard. The $21 toy is being sold everywhere this year, including Walmart.com, Target.com and Amazon.com. W.A.T.C.H. critically notes the toy has a recommendation of 24 months and up – on a removable sticker. Once this sticker comes off, consumers have to guess at the appropriate age. 

Age recommendations are the most fundamental tool parents have in choosing safe toys. A removable label makes it hard to make safe choices, especially if you are handing the toy down between children.

slime-worst-toys-of-2019-list5

5- Nickelodeon Frozen Treats Slime

What can we say about this $9.99 slime toy? Or is it food? The truth is, it is a chemical which if ingested, can seriously harm your child. The confusing part is this slime really looks like a frozen treat on the box.

We urge you not to buy slime mixtures or any type of pretend food. There are plenty of other gift options. Traditional crafts such as drawing sets or even Play Doh are better choices. They don’t require any mixing of ingredients.  

6 – Anstoy Electronic Toy Gun

W.A.T.C.H. is always critical of marketing realistic toy guns to children and has highlighted the practice over many years. This year it says the Anstoy electronic gun is being unsafely marketed for children age 14+ and can be found online by anyone with an Amazon account. We agree: steer clear of guns and choose toys which involve sports. A soccer ball, basketball or a new snowsled sound like great gifts to us!

7 – Diecast School Bus

This miniature school bus is a choking hazard because the small rubber tires can become loose. They are mounted on plastic wheels and can be pulled apart. So many toys have similar hazards and should be kept out of homes with younger children.

8 – Pogo Trick Board

This toy is a “high bounce ball” with dual handles for “tricking out.” The age recommendation is children 6 and up. The manufacturer warns children to wear a helmet to protect against head injuries. But the packaging shows two children using the board without a helmet. There is one child bouncing high while wearing a helmet, but overall, there’s not a strong advisory to parents.

power-rangers-worst-toys-of-2019-list99 – Power Rangers Electronic Cheetah Claw

“Do not hit or swing at people or animals.” “Use away from breakable objects.” Finally, this toy carries a small parts warning, even though the age recommendation is 5+.

With so many warnings, why would you want to buy this toy? It may look cool to your child, but you have to remember it’s winter in Massachusetts. This is not a toy you want your child swinging around your home. Hasbro, the manufacturer, says the toy can cause potential eye or facial injuries.

10 – Viga Pull Along Caterpillar

This is an adorable toy, but it made the W.A.T.C.H. list because of its long string. This could cause a potential choking or strangulation hazard. The Viga Pull Along Caterpillar is a pull toy and should have a warning to go with its 24-inch cord.

Read more from the Worst Toys of 2019 on the W.A.T.C.H. website.

About Breakstone, White & Gluck – Free Consultation

Boston Product Liability Lawyers – Boston Defective Toy Lawyers

kidsafe-fb-1200Breakstone, White & Gluck is experienced in representing those injured in Massachusetts in cases involving product liability and defective products. Manufacturers have a responsibility to conduct safety testing and properly label toys with age recommendations. When they neglect this responsibility, toys are not safe to use.

We share this blog as part of our holiday toy safety series and our Project KidSafe campaign. Learn more about Breakstone, White & Gluck and our work for clients on our website.

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little-girl-facebook-square-1200Many children are asking for tablets, video games and digital toys this holiday season. Before you buy, really learn what you are introducing – and our suggestion is consider waiting. This year, companies such as Google were pressured to change their data collection practices. In 2020, we may just see some change from other companies, too. Continue reading

Child receiving a new bicycle and new bicycle helmet.

Give the gift of safety. Always give a helmets to go with new bicycles, scooters and other riding toys.

It is a lot of fun to select a new bicycle or scooter for a child during the holiday season. But when you buy, remember to pick up a new helmet, too. This is a critical tool in protecting against head injuries and under Massachusetts law, children 16 and younger are required to wear helmets on bicycles, scooters, skateboards and inline skates.

Massachusetts Bicycle Helmet Law: Children 16 and younger are required to wear bicycle helmets when they ride bikes in Massachusetts, under M.G.L. c. 85, § 11B.

Massachusetts Scooter Helmet Law. M.G.L. c. 85, § 11B1/2 states children 16 and younger must also wear safety helmets on scooters, skateboards and inline skates, as well as other manually-propelled wheeled vehicles.


Helmet Buying Tips: Spotlight on Bike Helmets

Buy a bicycle helmet which meets the safety standards set by the U.S. Consumer Product Safety Commission (16 C.F.R. part 1203). This standard is specifically designed to protect a child’s head with shock-absorbent material in bicycle accidents or falls. It requires chin traps be strong enough to keep the helmet in position on the head. 

Buy a helmet separately from your bike. You may find it helpful to buy a helmet separately. To get started, measure around your child’s head with a cloth tape measure. Measure just above your child’s eyebrows. Start looking now online or visit your local bicycle shop.

Stick to traditional bike helmets. The CPSC discourages parents from buying helmets with decorative and costume pieces, such as horns or parts which protrude from the helmet. These will interfere with the helmet’s ability to protect a child’s head should they ever hit the ground.

How long has your child been wearing that helmet? If your child has been wearing a helmet for three years, this is a good time to buy a new one. But depending on your child’s growth and wear and tear, you may want to replace it sooner. Carefully inspect the helmet on the inside and outside.

Buy an adjustable helmet. Because children grow fast, we suggest an adjustable helmet which can be tightened or loosened in the back.


Helmets Designed for Other Activities

Safety helmets are designed for certain purposes. Each sport and activity involves a different impact.

But bicycle helmets can often be used for recreational in-line skating, roller skating or manual kick scooters, according to the Consumer Product Safety Commission’s (CPSC) helmet guidelines. Check these guidelines whenever you buy a helmet.

Talk to your child’s sports coach about helmet guidelines for football, hockey, lacrosse and baseball. 

Get your helmets ready for the winter. Helmets are recommended for skiing, snowmobiling, snowboarding and snow tubing. Many skiers say helmets interfere with their peripheral vision and response time. If this is your thought, consider reading this New York Times blog on just how much protection they can provide.

Before we close, another point is there are times when children should definitely NOT WEAR HELMETS, including at the playground or when playing at home. Helmets and straps can get caught and strangle a child on staircases and step ladders. 

CPSC Guide – “What Helmet for Which Activity”
Helmets are essential to protecting your child. Here is the CPSC’s Guide, “Which Helmet for Which Activity.” This guide provides you with recommended safety standard guidelines for different activities, so it’s definitely worth bookmarking. Another helpful site is the CSPC recalls website, which you can search for product recalls before you make a purchase.

About Breakstone, White & Gluck

Boston Personal Injury Lawyers – Toy Safety Lawyers

kidsafe-fb-1200At Breakstone, White & Gluck, our lawyers are consistently recognized for their awards for clients in personal injury, medical malpractice and product liability cases. Through our Project KidSafe campaign, we work to promote bicycle safety and the well-being of children in Massachusetts. To date, we have donated over 25,000 bicycle helmets to children across the state.

If you are shopping for a child, we invite you to read more of our holiday toy safety series.

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smallparts-1200Age recommendation labels are the first tool you have in selecting safe holiday toys. Anyone purchasing toys for young children wants to familiarize themselves with the choking hazard-small parts label.

Warning: Choking Hazard – Small Parts. Not for Children Under 3 Years

Each year, children suffer choking injuries and deaths after consuming food or putting small objects in their mouths. In the late 1970s, the Consumer Product Safety Commission (CPSC) led a three-month study of an estimated 3,800 injuries involving children under age 10. It was determined that children under age 3 suffered more than half of all these injuries. More than 50 children under 3 died in accidents involving small parts.

With those numbers, the CPSC announced the small parts regulation, which became effective on January 1, 1980. Since then, toy manufacturers have been required to test toys and parts using the small parts cylinder test. 

warning-not-for-children-under-age-3

This cylinder has a diameter of 1.25 inches. The bottom of the cylinder is slanted, opening 1 to 2.25 inches. Toys which fall through the cylinder must carry the choking hazard – small parts warning and state not for children under 3 years old. Toys may also require labels if they fit through the tube, but break it during subsequent “use and abuse” testing (Source: U.S. PIRG, Trouble in Toyland 2018). 

Toys which are too large can be sold without the choking hazard label, though they may require another type of labeling.

Small Parts Warning for Children Between Ages 3 and 6 Years

Any small part intended for children between age 3 and 6 must carry the same labeling: “Warning: Choking Hazard — This toy is a small part. Not for children under 3 years.” 

Small Parts Warning – Small Balls

There is a separate federal standard for small balls, according to U.S. PIRG. Balls with a diameter of 1.75 inches are banned for children younger than 3 years of age. 

Small balls must carry this age-recommendation label: “Warning: Choking Hazard — This toy is a small ball. Not for children under 3 years.” A similar label is required for toys which contain small balls: “Warning: Choking Hazard–Toy contains a small ball. Not for children under 3 years.”

Toymakers are required to test and use age recommendation labels. All toys intended for children age 12 and younger must undergo third-party testing and meet the most recent version of the federal safety standard, ATSM F963.

But there are times when parents and anyone buying a toy should be skeptical. Toymakers have made errors in labeling and there can be miscommunication between manufacturers and retailers when toys are displayed without packaging. Online product descriptions may not be accurate. 

Remember These Toys Have Small Parts!

  • Marbles
  • Magnets
  • Game pieces (such as the Monopoly characters)
  • Legos and building bricks
  • Small puzzle pieces (and cardboard pieces are a danger because small children can chew them and choke)
  • Button batteries
  • The clothing and parts on stuffed animals and dolls 
  • Pens and pencils with caps which can become loose

Additional Toy Safety Standards for Children Age 3 and Younger

While we are talking about small parts, we want to remind parents of other federal toy safety guidelines for children under 3.

  • Toys and children’s products must not have sharp points or edges which can potentially injure children.
  • Paints and surface coating cannot contain more than .06 percent lead or other hazardous materials.
  • Children’s pajamas, clothing and products which fail to meet flammability limits.

The best way to stay informed is to check the CPSC website for toy safety recalls and product warnings.

Final Points on Toy Safety for Young Children

Carefully inspect all toy sets and stuffed animals before and after purchase. Open boxes, handle the pieces yourself before giving. If you buy online, check if the box matches the online product description. Because of the demand for toys near the holidays, it’s not unusual for shoppers to receive a toy similar to what they ordered.

Decide whether the toy will be safe near your child and their siblings. You should always consider younger siblings when buying gifts. If they are not at least 3 or older, wait another year. Also pause if the younger sibling just isn’t ready.

If your children are the right age and ready, purchase a secure container to keep the small parts in. Keep this container separate from other toys in your home and be mindful of not letting small pieces scatter.

Finally, supervise children whenever they play with small parts. Even older children can find themselves in dangerous situations at times when handling small pieces. This is especially true with new toys. So as they play, sit with them at the table or just stay in the room so you can help.

About Breakstone, White & Gluck – Boston Toy Safety Lawyers

kidsafe-fb-1200Our Boston personal injury lawyers represent clients in all personal injury matters, including motor vehicle accidents, medical malpractice, premises liability, wrongful death and cases involving injuries caused by defective products and unsafe toys. We share our holiday toy safety series as part of our Project KidSafe campaign

To learn more, visit our toy safety page. You can also visit our website to learn more about our attorneys and their experience.

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Kids II sleeper recall

Kids II has recalled nearly 700,000 rocking sleepers, just two weeks after the stunning Fisher-Price recall.

There is a new and frightening warning out about infant sleepers. This time, families are being urged to stop using Kids II infant rocking sleepers because they have been linked to the deaths of five infants. Kids II recalled its entire line of infant rocking sleepers on Friday – approximately 36 models and 694,000 individual products – just two weeks after the stunning Fisher-Price recall.

Fisher-Price recalled 4.7 million of its Rock ‘n Play sleepers on April 12, after an investigation linked the product to more than 30 deaths over 10 years. This means that combined, the two companies sold more than 5.3 million defective sleepers to unknowing families.

Kids II introduced its sleepers in March 2012. Five infants have since died while using the sleepers after rolling from their back to their stomach while unrestrained or under other circumstances.

These sleepers were sold at Target, Walmart and Toys “R” Us as well as online, with a price tag of $40-$80. Parents and grandparents who own one should stop using the Kids II sleepers and contact the company for a recall or a voucher to use toward another product. Parents can call Kids II toll-free at 1-866-869-7954 8:00 a.m.to 5:00 p.m. ET Monday through Friday or visit the company’s website.

Read the Consumer Product Safety Commission’s recall notice for a full list of the recalled sleepers. One of the models was sold with Disney branding.

In the Fisher-Price case, the Consumer Product Safety Commission and the company, which is part of Mattel, initially announced the sleeper had been linked to at least 10 deaths in early April. The company said the deaths all involved children who were 3 months or older. The company’s remedy was for parents to stop using the rocker when children turned 3 months old or became capable of turning themselves over.

Soon after began the calls for a recall. Consumer Reports and the American Academy of Pediatrics (AAP) were the leading advocates in both the Fisher-Price and Kids II sleeper recalls. Both products put children in canopy-like sleeper, which can rock to music and is highly likely to move if an infant can. The AAP warns the rocking sleepers are unsafe and create a risk for suffocation and strangulation. The academy advises that infants should only sleep on flat surfaces such as cribs or bassinets. The sleeping surface should be free of soft bedding, toys and other products.

After Friday’s recall, Consumer Reports asked the Consumer Product Safety Commission if the agency intends to recall all sleepers on the market. An agency spokesperson said it continues to actively investigate sleep products and was “reassessing the product class and hazards associated with it.” Meanwhile, Mattel has announced the Fisher-Price recall will cost the company $27.3 for the quarter ending March 31, 2019. But the recall won’t entirely remove the sleeper from homes. According to Consumer Reports, Fisher-Price sells the same product in Canada, but markets it as a “soothing seat.”

About Breakstone, White & Gluck – Boston Product Liability Attorneys
Breakstone, White & Gluck is a Boston personal injury law firm which represents individuals who have been injured by unsafe products. When a product has caused injury, there should be an investigation to determine the cause, which often falls under three categories: defective design, manufacturing error or a failure to warn consumers about the potential for injury. If someone in your family has been injured by a defective product, learn your rights. Contact our Boston product liability lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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‘Tis the season to shop for holiday toys and gifts. Or to bring that product back, for a full refund or replacement?

While a record number of consumers shopped for the holidays, IKEA and Honda issued major safety recalls in November. We share an update on these recalls and continue our Project KidSafe series on toy safety.

Honda Odyssey Recall. It’s a replacement part if you own a Honda Odyssey and unfortunately, you can expect to wait.

Honda Odyssey van

107,000 Honda Odyssey vans because of a problem with the power doors. Photo: Wikipedia.

Just in time for the Thanksgiving drive, Honda recalled 107,000 Honda Odyssey vans because the power doors may improperly latch and can potentially open while the vehicle is in operation. Honda has not received any reports of injuries.

Honda recalled vehicles from the 2018 and 2019 model years on November 20, 2018. The automaker called on drivers to request replacement power sliding door kits through an authorized Honda dealer. Replacement parts should arrive at licensed dealers in late December.

Honda advised owners they can disable the power door. Use manual operation until replacements arrive.

This is not the first recall involving Honda Odyssey vans. Last year, 900,000 Odyssey models from 2011 – 2017 were also recalled. In that case, Honda reported second-row seats could tip forward if not properly latched. Tipping could happen during moderate or heavy braking if seats were not properly latched after adjusting side-to-side or reinstalling a removed seat. Honda received 46 reports of minor injuries.

To learn more about the recalls, visit the Honda website.

IKEA dining tables recall November 2018

IKEA recalled these dining room tables in November 2018 because the dining surface can collapse. Return for a refund.

IKEA Tables. It is a return if you have an IKEA table. The retailer recalled 8,200 dining tables in the U.S. and 1,500 in Canada on November 27, 2018, warning the table’s glass extension leaf can detach and drop.

This has already happened three times. IKEA reports one minor injury, requiring no medical attention.

These tables sold at IKEA stores and online from February 2017 through October 2018. They sold for approximately $300. IKEA says consumers  can return them for a full refund or a replacement table. Learn more on the Consumer Product Safety Commission website.

Consumer Safety Tip: Consumers do not have to wait for the news media to report unsafe products and product recalls. You can view recalls online on the CPSC website and even sign up to receive email alerts when products are recalled. Visit the toy safety page on our website to learn how to sign up.

Not every recall is the same. The CPSC can release product recalls calling for refunds or replacements. Some products can be repaired easily. Others cannot. Consumers should pay attention to all recalls. Encourage friends and family to do the same: return and refund or replacement/repair. Another option is just remove the recalled product from your home, if it can be taken apart and discarded with care, so other children cannot reuse it.

A Decade of Toy Safety Efforts, Passage of Federal Safety Legislation to Protect Massachusetts Families

Toys can be defective and recalled after causing serious injuries.At Breakstone, White & Gluck, our Boston product liability lawyers specialize in representing those injured by defective products. Toy injuries are common, even though toys should only be safe and fun for children. It is painful to learn they can be defective or may not have been fully tested or properly labeled. Defective toys can cause serious injuries, including fingertip lacerations, burns, facial injuries and broken bones. For children under age 3, the leading hazard is toys which contain small parts and balloons which can cause choking and suffocation. Toys should be tested to see if parts can fit through the “small parts” test. Those which pass through the “small parts” cylinder should have age-appropriate warnings, which read “Choking Hazard – Small Parts. Not for Children Under 3 Yrs.”

Among older children and teens, Hoverboards and riding toys are popular holiday gifts. These toys have injured and killed  in recent years, with Hoverboards also burning down homes as the lithium ion batteries charged.  Before you buy, check the CPSC’s safety standard for Hoverboards (UL2272 safety standard). Remember the standard is still new, first issued in 2016, and not an endorsement for safety. In fact, the CPSC has strongly urged consumers not to buy Hoverboards, as has W.A.T.C.H., the Boston-based non-profit which included Hoverboards on its “10 Worst Toys” lists.

Taking the time to check if a toy you want to buy – or already own – has been recalled can prevent injuries and save your loved ones’ lives. The number of toy recalls varies by year, but there are always recalls. So far in 2018, we have seen child-related recalls of dolls, toys with loose wheels, clothing, toys with excessive lead limits and go karts. In 2017, the CPSC reported 28 recalls of individual products. Over the past 10 years, 2008, 2009 and 2010 have seen the most toy recalls, with the highest number coming in 2008, when 172 toys were recalled, according to the CPSC.

This was the first year of major safety changes, including passage of the landmark Consumer Product Safety Improvement Act (CPSIA) of 2008. For the first time, toys had to be tested to ensure compliance with the law and the CPSC was granted greater authority in overseeing toy safety standards. Federal limits were also imposed on toys containing lead and other chemical hazards. In December 2008, Mattel and subsidiary Fisher Price agreed to pay $12 million to Massachusetts and 38 other states over events leading to recalls of toys with lead levels above the new federal limit.

Beyond toys, children’s products are also subject to frequent recalls, including names like Graco car seats and Britax strollers. This is a frightening fact, because these products carry children.


Breakstone, White & Gluck writes about toy safety as part of our Project KidSafe campaign, with a goal of preventing toy-related injuries. Our recent blogs:

Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers

Hitting the Safety Brake: A Warning About Battery-Operated Ride-On Toys

The 10 Worst Toys of 2018

Protect Your Children from Lithium Button Batteries

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There is “Trouble in Toyland.” For the 33rd year, U.S. PIRG has released its annual survey on toy safety. This is a widely respected survey, which over the years has dispensed valuable information to protect children and families. The survey has led to the recall of more than 150 unsafe toys.

Highlights from this year’s report:

  • Toys which have been recalled for safety issues over the past year
  • Toys which contain high levels of toxic materials, such as boron
  • Toys which do not meet labeling requirements
  • Toy regulations

Toy recalls

Over the past year, the Consumer Product Safety Commission (CPSC) announced more than 40 recalls of toys and children’s products, such as wagons and strollers. These recalls represent 2.7 million units. During its survey, the group did not find any recalled toys or products still being sold. This is good news for consumers, but you still need to check products for yourself by going online. You can visit the CPSC Recall list.

You can also check the U.S. PIRG’s “Trouble in Toyland” report, so you can be informed while you shop or to see if you have any recalled toys in your home (See Appendix 4, page 29). Many people do not hear about recalls so it’s worth checking.

If you find a recalled product, you can contact the manufacturer for a refund or a repair. In some cases with inexpensive toys, it may be best just to discard it from your home in a safe way. Move onto other toys.

U.S. PIRG has long advocated for improvements to the CPSC’s recall system. One concern is that companies are not required to report how many consumers actually return products for repairs or refunds.

Toxic Materials

The report focused on two toxic materials in toys: Lead and boron.

slime boy

Beware of Slime: U.S. PIRG Researchers found 6 popular Slime sets which contain dangerous levels of boron.

Lead. Lead was banned from household paint, children’s products and cookware 40 years ago. But federal law states children’s products made after August 2011 can contain no more than 100 parts per million. Because lead is highly dangerous when breathed in, be careful when buying toys such as paint sets and other products. Electronic devices can contain some lead parts, as can metal components of bicycles. The American Academy of Pediatrics (AAP) recommends all products for children contain no more than trace amounts of lead (40 ppm).

Boron. Your child may be begging you to buy one of those popular slime toy sets. U.S. PIRG says you can’t trust these products are safe. Researchers found six slime products on the market had dangerously high levels of boron. One brand, “Kangaroos Original Super Cool Slime,” contained concentrations as high as 4700 parts per million (ppm).

Boron is a chemical element used mostly in glass manufacturing, pesticides, antiseptics and detergents. Children can ingest small amounts, even less than 3.68 ppm and suffer symptoms of nausea, vomiting and potentially longer term impacts on reproductive health. The Environmental Protection Agency (EPA) reports certain levels can even be lethal. Say the “Kangaroos Original Super Cool” slime has up to 4700 parts per million (ppm). Then consider that six states have made recommendations on boron limits in drinking water, non exceeding 1 ppm. It’s a frightening discrepancy. U.S. PIRG has asked the CPSC to explore setting limits on boron levels, as Canada and other countries have.

We recommend parents spend their money elsewhere this year. There are so many toys out there, which your child would enjoy without risk to their safety. Likewise, if your child plays at another friend’s home or goes to daycare, make sure the adult in charge knows you don’t want your child playing with slime sets.

Slime Toys with Dangerous Levels of Boron
Kangaroos Original Super Cool Slime – Amazon – 4700 ppm
Kidsco Glow in The Dark Slime  – Amazon, Walmart – 4600 ppm
Toysmith Jupiter Juice Slime  – Amazon, Walmart – 1900 ppm
iBaseToy Fluffy Slime – Amazon – 1500 ppm
Haniex Soft Magic Crystal Slime – Amazon – 1400 ppm
Meland Fluffy Slime Amazon Boron – 1100 ppm
Data from U.S. PIRG “Trouble in Toyland” Report 2018.

Labeling

toy testing cylinder for small parts

Drawing of the small cylinder test for toys. Credit: CPSC website.

Toymakers are responsible for properly labeling their products, especially those with small parts which are not intended for children under age 3. This warning is essential. Children are often putting small parts in their mouths. From 2001 to 2016, more than 110 children died this way, according to U.S. PIRG.

What’s important for consumers to know is the CPSC has a Small Parts Ban. Toys must be tested to make sure they cannot pass through a test cylinder, which has a diameter of 1.25 inches. The cylinder has a slanted bottom, opening 1 to 2.25 inches. If a toy can pass through, it must be properly labeled: WARNING: Choking Hazard-Small Parts. Not for Children Under 3 Yrs.

Researchers identified a few toys which are being sold online without age appropriate labels this year – Hatchimals and L.O.L. Surprise toys. Parents should watch and carefully inspect every purchase you make. A good rule of thumb is to open every toy well in advance of giving it to a young children. Open it out of your children’s reach, such as in a basement.

Balloons are another product which are not being labeled properly. Balloons should come with warnings that they are a potential choking hazard to children under 8 years old. Yet, 87 percent of the latex balloons on Amazon.com carried no warnings, according the survey.

Toy Regulations

As consumers, we deal with packaging, price tags and shipping dates more than regulations. But the “Trouble in Toyland” report shares three important regulations on page 17:

  • Small Parts Ban (1979)
  • The Child Safety Prevention Act of 1994
  • The Consumer Product Safety Improvement Act of 2008

Read the 2018 “Trouble in Toyland” report.


About Breakstone, White & Gluck
Free Legal Consultation: 800-379-1244

Breakstone, White & Gluck of Boston specializes in handling personal injury and product liability cases. This holiday season, we are committed to sharing toy safety tips as part of Project KidSafe campaign. We wish you a safe and healthy holiday season.

Learn more about our firm: www.bwglaw.com.

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Dynacraft Ride-on Toy recalled in 2017

Dynacraft Ride-on Toys recalled 20,000 battery-operated ride-on toys after reports that the pedals were not working in 2017. Always check for product recalls before you buy any holiday toy. Photo credit: Consumer Product Safety Commission notices.

Battery-operated ride-on toys may look like fun holiday gifts. Parents and grandparents even have their choice of models, including the Jeep, Mercedes-Benz and Lamborghini to name a few.

Shoppers can get easily caught up in the “cuteness” factor. It’s not that simple, though. Ride-on toys can be heavy and motorized. Be cautious when buying, even with push or pedal ride-on toys, because you are trusting these toys to support your child.

The Consumer Product Safety Commission (CPSC) has been working to improve safety for ride-on toys, because children have suffered injuries and even deaths. In 2016, three children died in riding toys in toy-related injuries, all encounters with motor vehicles (Source: CPSC). Riding toys, motorized and non-motorized, were associated with the highest number of toy-related deaths that year – or 43 percent.

Before you buy, please step on the brakes and consider our safety tips.

Potential Harm: Motor Vehicles and Fires

Why are riding toy cars so dangerous? The greatest danger is children can be hit by adult-sized vehicles. But motorized toy cars can also overheat, as a North Andover family learned last August. A mother had the terrifying experience of having to pull her children out of a toy car, just after smoke started coming from the hood and before the flames. Other potential issues are children can attempt to stand and cars can tip, resulting in head injuries. Remote controls can provide parents a false sense of security. Parents may have more control just pushing their children in a non-motorized toy/

Safety Tips for Buying Ride-on Toy Cars

  • Steer clear of motorized, battery-operated toy cars. Consider buying a tricycle or another non-motorized toy instead.
  • If you buy a battery-operated toy car, look for the age recommendation. Many of these toys are recommended for children age 2+, which we feel is too young. But the age recommendation is a starting point for many families.
  • Check the label to see if the riding toy meets the CPSC’s toy safety standards. In 2016, the federal toy safety standard, ASTM F963, was specifically updated to address overload, stability and restraints on riding toys.
  • Check if the toy car has been recalled on the CPSC website.
  • It’s not just toy cars. Any riding toy with a motor can malfunction. Last March, the CPSC recalled these Radio Flyer electric wagons due to motor problems.
  • Read the product specifications and instructions online before purchasing. Consider whether you have the time for this type of toy.
  • Test the riding toy before your child rides.
  • Always supervise your children when they ride. Stay on the driveway and sidewalks near your home. Fenced in areas, such as backyards, are best if the product is designed for use on grassy surfaces.
  • Protect your child’s head with a bicycle helmet.
  • Follow instructions for properly seating your child. Ride one child at a time.
  • Find a safe place to park the riding toy. Commit to properly securing it after each use.
  • Keep the box. When your child outgrows the riding toy, remove it from your home.

Free Legal Consultation: 800-379-1244

For more than 25 years, Breakstone, White & Gluck has represented those who have been injured or killed by defective products which should have never been sold. This holiday season, our Boston personal injury lawyers are committed to helping consumers make informed buying decisions to prevent toy-related injuries.

Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.

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W.A.T.C.H. has released its annual nominees for the 2018 Worst Toys list. The Boston non-profit warns shoppers to steer clear of the following toys this holiday season:

10 Worst Toys List

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lites
Parents should never leave infants in their cribs with toys, especially those with small pieces or strings. This toy is marked for ages 0+, for use as a nightlight or bedroom toy. While it does carry some warning labels – warning parents not to leave it in the crib or let children play with it unattended – this isn’t enough to protect children. W.A.T.C.H. cited this and other hazards, including small accessories and a warning about batteries which can leak. This toy is being sold online through Target.com and Google Express, as well as in Target stores.

Nerf Vortext VTX Praxis Blaster

10 Worst toys list nerf gun

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Nerf toys have received bad press for causing eye injuries. In this case, the Nerf gun is recommended for users age 8 and older and can shoot 10 discs in a row. W.A.T.C.H. calls this a potential hazard for eye and facial injuries. The blaster is sold at Target. Target.com, Amazon.com, Walmart.com, Ebay.com and Bonanza.com.

 

Marvel Black Panther Slash Claw
These make the list because they can cause injuries and can encourage hitting. The claws are encouraged for children age 5 and older and the packaging states children can “slash” like the Black Panther.” At the same time, the packaging also advises children not to swing at other people or animals and to steer clear of breakable objects. If children use the toy, they are likely to break all those warnings, which is why W.A.T.C.H. included it this year.

Power Rangers Super Ninja Steel Superstar Blade
This is a sword-like toy and made the list for poor taste and the potential for facial and other impact injuries.

cabbagepatch-doll

Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.

Cabbage Patch Kids Dance Time Doll
You may think this is a sweet, fun gift. But the toy has a removable headband, which W.A.T.C.H. says can be ingested. The toy is marketed for children age 2+ and is sold at Target, Target.com, CabbagePatchKids.com, Bonanza.com and Blinq.com.

Zoo Jamz Xylophone
This Vtech brand toy made the list for presenting a potential choking hazard. A young child could put the drumstick handle in their mouth and block their airway, W.A.T.C.H. says. The product is designed for children age 1 1/2 to 4 years old. It is sold at Walmart, Walmart.com, as well as Amazon and other retailers.

Nici Wonderland Doll: Miniclara the Ballerina
This pink ballerina and her kitten are not safe, W.A.T.C.H. says. There is nothing wrong with the little girl, but the kitten can become detached and a child could ingest it. A few of the retailers selling the toy: Amazon.com, Walmart and Barnes & Noble.com.

Stomp Rocket Ultra Rocket
This product is for children age 6 and older. Children are supposed to step onto the pedal to launch the rocket. The rockets can go high – up to 200 feet. W.A.T.C.H. recommended parents keep it off their holiday shopping lists this year, saying it can cause serious eye or face injuries.

Cutting Fruit
Magnetic fruit toys with a hard plastic knife are not a safe gift, W.A.T.C.H. says. The set is marketed for children age 2+, even though the knife can be used to cause puncture wounds.

Chien Á Promener Pull Along Dog
W.A.T.C.H. says this toy falls between regulations and safety. Manufacturers can only market toys with strings under 12 inches for use in cribs and playpens. Pull toys don’t have the same restriction and the result is a toy with a 19-inch draw string can legally be sold to children. The age recommendation on this product is only 1-3 years old. There are no safety warnings. It is available on Amazon.com, Magic Beans and Mbeans.com.

More information on the 10 Worst Toys of 2018 list.

About Breakstone, White & Gluck

Breakstone, White & Gluck is a Boston law firm specializing in personal injury and product liability claims. We represent those who have been injured by the negligence and wrongdoing of others. If you have been injured, it is important to learn your legal rights for seeking compensation to cover lost wages, medical care and other financial losses. For a free legal consultation, contact the Boston personal injury lawyers of Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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button batteries

Beware of Lithium button batteries this holiday season. These are a serious danger to young children, who can swallow them and suffer serious internal injuries.

New parents quickly learn the secret to surviving the holiday season: stock up on batteries. While all batteries should be handled with care, we want to share a few safety tips for handling lithium button batteries.

Small, just the size of a button, these batteries are easy to overlook when you child-proof your home. But button batteries are a giant danger. A child can find one and put in their mouth. Without proper medical care, within hours, a child can suffer severe burns to their esophagus.

In 2010, researchers at Children’s Hospital of Philadelphia tracked more than 3,400 cases of children who swallowed button batteries. The hospital reports 15 children have died and another 80 children have suffered permanent injuries after ingesting button batteries.

Our tips to protect your children:

  • Read product labels before you purchase. You may not realize some toys or products have lithium batteries because you do not have to install them. Likewise, products you may guess have lithium batteries may not. It is essential to read and ask questions.
  • Know where lithium button batteries are in your home. You can find them in certain toys and baby monitors, as well as remote controls, garage door openers, car keys and bathroom scales. You may also wear a watch powered by a lithium battery.
  • Remove products containing lithium batteries from your home. If you really need these products, at least secure them out of your child’s reach.
  • Be suspicious of holiday gifts and trinkets. Holiday cards, electric candles and interactive gifts, such as musical stuffed animals, may have lithium batteries. Stop these products before they come into your home. As for holiday cards, enjoy them and discard them the same day. If you keep them, remove the battery.
  • Research your holiday gifts. Go online and search for product recalls involving any toy you wish to purchase. You can visit the CPSC website. Search for both the product you are interested in buying and batteries.
  • Warn your family and friends. With Thanksgiving just a few weeks away, now is an ideal time to share safety information with your loved ones. Urge family members, friends, grandparents and caregivers to carefully select holiday gifts, make use of toy recall alerts and move products with button batteries out of your child’s reach.

What to do if a child swallows a lithium button battery
If your child ever swallows a button battery, go to the hospital immediately. The sooner a child receives medical attention, the better. A child can suffer a serious internal injury within hours of swallowing a button battery so every second counts.

We hope your child is never injured. But it is critical to understand the symptoms when children swallow button batteries. Parents may not see a child swallow a button battery or may not even know a button battery was in their child’s reach.

These are common symptoms:

  • Decreased eating or drinking
  • Difficulty swallowing
  • Vomiting
  • Vomiting blood
  • Chest pain or discomfort
  • Abdominal pain, blood in saliva or stool
  • Drooling
  • Crying

If you suspect your child swallowed a button battery, the Children’s Hospital of Philadelphia advises parents to seek immediate medical treatment and to refrain from giving the child medications, food or anything to drink. Never attempt the Heimlich maneuver either. This can worsen the injury.


About Breakstone, White & Gluck and Our Commitment to Safety

This holiday season, Breakstone, White & Gluck is committed to sharing tips on toy safety. Every toy, every product you buy should be safe to use, but this is not always the case. Because of this, our Boston product liability lawyers want to share tips from our experience to help parents and grandparents make safe buying decisions.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm, with lawyers who have been consistently recognized for excellence over the past 26 years, including by Top 100 New England Super Lawyers, Best Lawyers in America and Martindale-Hubbell. Our attorneys have also been recognized for starting our Project KidSafe campaign and working to help prevent injuries and deaths by providing safety education to families. To date, we have donated over 25,000 bicycle helmets to children, with a goal of preventing head injuries.

Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.


Additional Resources for Parents

We encourage parents to watch these videos.

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