CHRISTMAS is for children. And indeed, children look forward to Christmas with excitement and anticipation. As adults, we strive to please the smallest consumer – the girl who wants a Barbie doll, the boy who wants a remote-controlled airplane, the many godkids who enjoy toys of various shapes and colors.
During holidays, we see thousands of items to choose from at the various toy stores all over the country. Aside from the all-important issue of child preference, another question that an adult should ask before buying a toy is: Is this toy safe?
Danger can lurk in the most innocent of toys. These dangers can include:
1) Choking from the small parts of the toy that accidentally come off
2) Strangulation from parts that can be wound around the neck such as cords
3) Cuts or lacerations by sharp parts of the toy
4) Poisoning from the chemicals in toys
5) Other types of injuries from motor toy vehicles incidents
6) Noise hazards from toys that can impair hearing after continued exposure
The California Public Interest Research Group (CALPIRG), a non-profit consumer advocate organization, has released a report on its survey of toy safety. The survey dealt with the three most common toy hazards for children under three years old: choking hazards, toxicity, and noise hazards.
According to the report, choking on small toy parts, on small balls, on marbles and balloons is the major cause of toy-related deaths and injuries. In the last 20 years, 200 children died from a choking incident, not to mention the several thousands of serious injuries that required medical attention.
The report found that this year there are several toys that continue to violate the legal requirements for small parts for toys intended for children under 3 years old. There are also “near small part” toys that present a choking hazard, even though they are not in violation of current regulations. Some toys intended for older children, which have small parts or small balls, failed to provide choking hazard warnings.
Another major cause of toy injury is brought about by the materials that make up the toy. These materials may contain lead, phthalates, or cadmium (found mostly in children’s jewelry). Exposure to lead can damage organs in the body, including the brain. Children’s brains are particularly vulnerable to lead. Despite the massive recalls seen in recent years for lead-contaminated items, toys containing lead that exceed allowable levels continue to be sold.
Phthalates are substances added to plastics to increase their flexibility, transparency, durability, and longevity. When plastics age and break down, the phthalates are released into the air and water sources, contaminating the environment, and ending up in our food and water. Several studies throughout the world have found that exposure to phthalates have potential negative health effects, particularly to children in the womb and to a growing child.
These effects include premature delivery and birth defects in newborns. Growing children may also have endocrine and metabolism problems, including abnormal obesity and insulin resistance. Although the use of phthalates is being phased out in the U.S., some toys are still found to contain unacceptable levels of phthalates.
Another often overlooked cause of child injury from toys is the noise level of the toy. Hearing loss is a growing problem, not only for the older population but even for the young. Children as young as 12 years old may be experiencing hearing loss, partly due to continuous exposure to toys and products that emit loud sounds like music players. Toys that emit sounds cannot exceed the recommended 85-decibel limit. Toys that have to be placed close to the ear (e.g., those with ear buds) cannot emit sounds that exceed the 65 decibel limit when measured with a digital sound level meter. However, toys that violate these regulations continue to be sold in toy stores.
The Consumer Product Safety Commission does not test all the toys in the market to see if they meet safety standards. There is no list of potentially dangerous toys. The best we, as consumers, can do is to carefully examine the toys for potential dangers before we buy them. Smalls parts may pose choking hazards. Plastics may contain phthalates. Metals may contain lead or cadmium.
These holidays, the best gift we can give our young consumers, is the gift of safety.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
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