Articles Tagged with “Boston product liability attorneys”

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 3,800 estimated injuries which involved children under age 10 and small parts. 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 types of 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 are committed to the safety and well-being of Massachusetts children and families. We share our holiday toy safety series as part of our Project KidSafe campaign

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

Continue reading

Delivery man with online purchase

Check your package to make sure it’s safe and contains what you ordered. That’s one of several warnings about product safety as students head back to school in Massachusetts.

Parents, as school begins, there are good reasons to double check your child’s backpack, daycare program and dorm room, as well as online purchases. There have been several recent recalls and news reports about unsafe products, providing warnings for children of all ages.

Dangerous Products on Amazon. It’s convenient to place a quick order on Amazon and see the package arrive in no time. But a Wall Street Journal investigation has found the retailer is actually selling thousands of unsafe products. These products have been declared unsafe by federal agencies, are deceptively labeled or are banned by federal regulators. The Journal’s investigation documented 4,152 dangerous products, including toys and medications, according to news reports.

Amazon draws the majority of its business from third-party merchant sales and the report questions Amazon’s oversight of these sellers. Meanwhile, the company has reportedly removed some of the products and said it is committed to consumer safety, investing over $400 million toward these efforts in 2018.

Always do your research when making online purchases and open packages as soon as they arrive. Check that the packaging matches what appears online. Parents should carefully inspect the age recommendations and take inventory of unexpected pieces and parts that could cause choking and other injuries.

Contigo Water Bottles. Contigo has recalled 5.7 million of its Contigo Kids Cleanable Water Bottles, saying they can detach and pose a choking hazard. The Chicago-based company has received 149 complaints, including 18 reports of children found with the detached spout in their mouths. Contigo will provide a free replacement lid for the products. Read more.

Infant Sleepers. Fisher-Price issued a product recall for the Fisher-Price Rock ‘n Play sleepers back in April. But the unsettling news is some of the recalled cribs are still in use. In a survey of 376 daycare centers, one in four were still using at least one of Fisher-Price’s recalled sleepers, according to USA Today. This report just came out in the last few days.

Parents please read this article and talk to your child’s daycare provider. Fisher-Price recalled the sleepers following 10 deaths. The Consumer Product Safety Commission is now aware of more than 30 infant deaths.

Battery-Operated Skateboards. We want to mention a news headline out of Ohio because while it’s several states away, it provides an important warning for Massachusetts parents of college students. On Tuesday, a battery-operated skateboard sparked a 5th floor dormitory fire at the University of Cincinnati, causing a reported $20,000 in damage to Calhoun Hall, a 12-story structure housing hundreds of students. Fortunately, no injuries were reported. Officials have not identified the product which caused the fire, but the incident is a reminder that dangerous products can have a far more devastating effect in college housing. Read and follow the college’s guidelines on products which are not permitted.

Stay Informed About Product Recalls
Because there is nothing more critical than your child’s safety and well-being, we urge you to check the Consumer Product Safety Commission website to learn about other recent recalls. To stay informed, you can sign up for regular email alerts about product recalls or visit the CPSC website periodically.

Contact a Boston Product Liability Attorney
Breakstone, White & Gluck has represented those injured by defective products in Massachusetts for more than 25 years. We periodically share information on product recalls and unsafe products to help prevent injuries before they happen.

If you or a loved one have been injured by a defective product, seek immediate medical attention. Preserve the product and contact an attorney to learn your legal rights.

For a free legal consultation, contact our Boston product liability attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

Continue reading

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.

Continue reading

hoverboard.jpgDespite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.

The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.

Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:

“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”

We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”


News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.

Our Thoughts

This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.

If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.


Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.

drone-186.jpgOn Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”

The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.

Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
Continue reading

20141027_airbag.jpgLast week, the National Highway Traffic Safety Administration (NHTSA) issued an advisory urging the public to act immediately on recall notices impacting 7.8 million cars with Takata airbags. The airbags are now linked to four deaths and more than 100 injuries.

If you have not already done so, please immediately check if your vehicle’s airbags have been recalled. Visit Safercar.gov. Select your auto manufacturer and enter your vehicle identification number, or VIN.

While car manufacturers are required to notify owners of recalls, do not wait to receive a letter for the company. While many of the airbags were previously recalled, you may have missed an earlier letter or may not have appreciated how serious the recall actually is.

toysafety-2013list-200.jpgThe World Against Toys Causing Harm, Inc. has released its 41st annual “10 Worst Toys” list. This year, the Boston-based non-profit nominated toys which posed a choking hazard, had improper labeling and several “toy weapons,” including toy guns, sling shots and boomerangs.

The report said, “These toys, that resemble real weaponry, have no place in the hands of children. Evidence of the potential for tragedy is the recent death of a thirteen-year-old boy in Santa Rose, CA, who was fatally shot by a police officer who mistook his toy gun for a real weapon.”

In one case, the World Against Toys Causing Harm (or W.A.T.C.H.) caught a vendor selling slingslots on Amazon.com. Massachusetts law prohibits sale of slingshots and New Jersey, Rhode Island and Washington have similar laws.

W.A.T.C.H. urged consumers to be vigilant even if they are purchasing toys from a well-known brand name. It stated there have been 29 toy recalls in the past 12 months, which included over one million units of unsafe and defective toys in the United States and Canada. Of these, 20 recalls were initiated for toys which posed choking and ingestion risks.

This year’s list includes:

1) Army Force Automatic Rifle
Hazard: Realistic toy weaponry and inconsistent age recommendations on labeling and Amazon.com.

2) Big Rock & Roll Ball Pit
Hazard: Potential for impact injuries because children as young as 3-years-old are encouraged to climb inside a rolling, inflatable ball. W.A.T.C.H. also criticizes the package, which shows children playing with no parental supervision.

3) Max Steel Interactive Steel with Turbo Sword
Hazard: Potential for impact and facial injuries.

4) Disney Princess Backpack Fishing Kit
Hazard: Potential for chemical ingestion injuries. The cardboard insert warns the play item may contain lead which may be harmful if eaten or chewed.

5) Black Widow Folding Slingshot
Hazard: Potential for serious bodily injuries. Illegal to sell in Massachusetts and three other states. On Amazon.com, the product carried a “for 6 months and up” age recommendation.

6) Little Drummer
Hazard: Potential for ingestion and choking hazards. The drum is sold for babies as young as 12-months-old and the drumstick could block a child’s airway.

7) Boomerang “Throw & Catch”
Hazard: Boomerangs should not be sold to children of any age. Online toy recommendations and those on the package were also inconsistent. Online, the boomerang was recommended for children 16 months and up versus on the package, which stated it was not for children under 3 years.

8) Disney Baby Snow White
Hazard: Potential for choking hazards. The toy is marketed for children 2 years old and up, but has small detachable pieces, such as hair accessories.

9) Nerf N-Strike Jolt Blaster
Hazard: This toy is marketed for children age 8 and older. It has a dart which can be shot and potentially cause eye injuries. On the Hasbro website, the product description reads “Hide it in your pocket to maneuver in close to your enemy, then pull down the cocking handle to ready your shot. Pull the trigger and reload fast to win the day!”

10) The Spooner-Freestyle
Hazard: Potential for head and other impact injuries. This toy resembles a skateboard without wheels and is marketed for children age 3 and older. It does not mention use of safety gear and none is worn by children on the packaging.

Related:
10 Worst Toys of 2013, W.A.T.C.H.

Trouble in Toyland, U.S. PIRG.
Continue reading