A few weeks ago, W.A.T.C.H. released its nominees for the “10 Worst Toys of 2020.” For parents and families, this list offers insights on how to avoid buying dangerous toys this holiday season. It also reveals some inappropriate advertising tactics.
When you see a toy online or in a store, you cannot just assume it is safe for your child. While there is a federal toy safety standard and the Consumer Product Safety Commission (CPSC) oversees recalls of unsafe toys, there are still many cases of dangerous and defective toys reaching families. According to W.A.T.C.H., one child is treated in a U.S. emergency room every three minutes for a toy-related injury. Between 2016 and 2018, 43 children died in toy-related incidents across the U.S. In 2018, there were an estimated 226,100 toy-related injuries.
From this year’s W.A.T.C.H. “10 Worst Toys” report:
Calico Critters Nursery Friends. W.A.T.C.H. calls this set a potential danger because the small animal figures are flocked with clothing that can become loose. The set also includes small parts, such as a pacifier. Children can potentially choke on either the clothes or pacifier.
The Calico Critters set is being sold by Amazon, and also online and in stores by Walmart and Kohl’s. In this case, the age recommendation is 3+ and it carries a small parts – choking hazard warning. But the toy contains small play figures meant for young children, including a pacifer; it is inherently dangerous because of the small parts, the clothing and children may attempt to mimic the dolls and suck the pacifier.
A similar Calico Critters playset was also mentioned in the U.S. PIRG, “Trouble in Toyland” report this year. The set may be to blame for two children under age 3 choking in New Mexico and Utah; the child in New Mexico died (Source: 2020 Trouble in Toyland report which cited a court filing and a local news report).
Missile Launcher. According to W.A.T.C.H., this toy can cause potential eye or facial injuries. The launcher is intended for children age 5 and older. The packaging shows a child stretching the launcher out near his face, which supports the view that this toy is unsafe. This product is being sold by Home Goods.
Marvel Avengers Vibranium Power FX Claw. Kmart, Amazon and Walmart are selling this Hasbro toy. It is marked for children age 5+. W.A.T.C.H. warns children can use the claw to swing or hit people or animals. If a child makes contact with someone else, they could be seriously injured. The manufacturer even states this right out on the warning label.
Read Age Appropriate Labels and Warnings
Manufacturers must have toys intended for children 12 and younger tested by a third-party to ensure they comply with the federal toy safety standard. Toys which have small parts must also have age appropriate warning labels. We encourage consumers to protect themselves by becoming experienced at reading these labels – and be critical. The W.A.T.C.H. report highlights just how inadequate and in poor taste toy warnings can be. If you purchase a toy online, read the description on the screen before you buy, then double check the box when it actually arrives.
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Boston Product Liability Attorneys – Boston Toy Safety Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing clients injured in personal injury and product liability cases across Massachusetts. Read about our experience representing clients injured in product liability cases in Boston. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
You can also read more of our Project KidSafe holiday toy safety series.
Families often enjoy looking through toy catalogs together this time of year. After seeing what excites your child, you may be tempted to immediately order their holiday gifts. However, before you do, we encourage parents and grandparents to check the Trouble in Toyland report.
The 35th anniversary Trouble in Toyland report was recently released. This year, U.S. PIRG warned about the dangers of:
- Mislabeled choking hazards
- Flocked animal figures (toys with small attached pieces)
- Recalled toys which may still be available online
- Noisy toys
- In-app purchases
- Not advisable for children
Parents are advised to look for small part warnings on toys. “Small part” is not a subjective term. It is anything that fits within the Consumer Product Safety Commission’s toy test cylinder. The test cylinder measures 2.25 inches long and 1.25 inches wide and is roughly the size of a young child’s throat. A small part may be a game piece or a marble of the right size. It may also include a toy accessory, such as doll clothing.
The most common “small parts” warning: “WARNING: CHOKING HAZARD–Small Parts. Not for children under 3 years.” Toys designed for children ages 3 through 6 must also carry warning labels indicating they are not safe for children under 3.
Parents can become familiar with the risks by reading this year’s Trouble In Toyland. Make it a priority not to purchase a product with small parts and bring them into your home. Always read toy safety and age appropriate labels. Doing so puts you on a path to protect your family.
If you purchase a toy figurine or doll that comes with accessories, such as ribbons or clothing, remember your child can put those small parts in their mouths. Calico Critters – the popular animal family figures – are now under scrutiny.
One child was killed while playing with a set containing a small pacifier in New Mexico, according to a court filing. Another child in Utah also choked on the pacifier accessory, according to the a local news website, and shared in the Trouble in Toyland report. Both children were under 3 years old.
Fortunately, there are many versions of toys. If you find a toy you like and it has small fabric parts, keep looking until you find one without removable accessories.
Online Toy Shopping
Trouble in Toyland shared a valuable insight about searching for holiday toys on Amazon. If you search for “toys for 2-year-old boys,” for instance, you may see a number of listings which do not provide a small part warning. Do not trust that searching by year means toys are screened for safety. Remember, Amazon is a marketplace of merchants, not just one company. Closely look at product descriptions before making a purchase. In addition to reading reviews, you want to confirm the details. Look at the product picture, then read the description. Double check the product packaging once it arrives by mail and open it to confirm it has the parts you expected.
Beware of recalled toys as well. Since the 2019 Trouble in Toyland, the Consumer Product Safety Commissioned issued 10 toy recalls in the U.S., according to this report. When a product is recalled, it should be immediately removed from the store shelves and online listings. Some toys were still being sold online after recalls. Researchers even found one toy – a Fisher-Price Barbie Dream Camper which was recalled in February 2019 – still on sale. The camper was an outdoor riding toy for children. The CPSC received 17 reports of campers continuing to travel after the foot pedal was released.
Not Advisable For Children
Also featured was a section called, “items not advisable for children.” These items are not really toys, but are given to children as toys. At the top of the list is high-powered magnet desk sets. We wrote about the dangers of high-powered magnet sets last holiday season. Magnet sets may seem like fun gifts for adults, but you should never purchase one because they are so dangerous and the small parts can stick around your home forever. Children can be tempted to play with these magnets and swallow them. At this point, the magnets can attempt to connect together in a child’s stomach. The magnets touched on some serious personal injuries.
In September 2020, a 9-year-old boy took two magnets from a Neutronball building set and placed them on his lip, pretending to have a piercing. He then swallowed them and had to seek medical treatment at a hospital. In May, another 9-year-old swallowed parts from a Zen Magnets LLC set. She hid this from her parents for a week, until she began suffering intense stomach pain. She required surgery, but survived.
Beware of Digital Apps
Parents may be asked to sign up for an app related to a “smart toy” their child received as a gift. Or a child may have received a tablet or cell phone and try to sign up for apps themselves.
While there is a case to be made for limiting your child’s screen time overall, beware of giving your child access to digital apps. These can be tempting and children may like the graphics and thought of winning a prize. The Trouble in Toyland report mentioned one app called Coin Master. This is rated for ages 13 and over, though the graphics may easily capture the attention of a younger child.
We are sharing this story because Coin Master offers in-app purchases. The most expensive option is $99.99. Children may only see higher options once they get into the game.
Free Legal Consultation – Boston Toy Safety Lawyers
Breakstone, White & Gluck has over 100 years combined experience representing individuals who have been injured by the negligence or wrongdoing of others. Our firm is highly experienced in the area of product liability and injuries caused by defective products. We are writing about holiday toy safety as part of our Project KidSafe campaign, where our goal is to protect children from injuries. For the past 8 years, our attorneys have also donated 30,000 bicycle helmets to children across Massachusetts to protect against head injuries.
If you have been injured, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck of Boston at 800-379-1244 or 617-723-7676 or use our contact form.