Consumer News For Families Newspaper Columns

Safe Toys for the Holidays

[Column 367, December 12, 2005] | Archived Columns

By Ken Suggs*

Toys can bring hours of delight to young people, but if they are designed poorly or are given to children who are too young to handle a particular toy, the results can be deadly.

No one ever expects a child to die or be injured by a toy. Yet, in 2004, according to the U.S. Consumer Product Safety Commission (CPSC), more than 200,000 children were treated in U.S. hospitals for toy-related injuries. In addition, 16 children—ages three months to nine years—were victims of toy-related deaths.

We can help insure that the coming year will be safer for our children if we take time to buy safe toys this holiday season.

Buying safe toys means knowing what kinds of toys are appropriate for each stage of a child's development. For example, young children tend to put anything they can pick up—food or otherwise—into their mouths. For that reason, there is a consumer product safety law about toys containing small parts. These toys must be clearly labeled so as to warn the purchaser that they contain small parts, are a choking hazard, and are not suitable for children under the age of three.

The CPSC provides guidelines for buying age-appropriate toys.

For children under three, avoid marbles, balls, and games with balls that have a diameter of 1.75 inches or less. These items are choking hazards. Young children tend to be rough on their toys, so look for toys that are well-made. You don't want buttons, noses, or eyes popping off a toy or doll and into your child's mouth. Avoid toys with sharp points and edges.

When in doubt about the size of toy parts, get out a roll of toilet paper. The diameter of the cardboard tube inside the roll is about 1.75 inches. If a toy part can fit inside the tube's opening, it can fit inside your child's mouth.

For kids who are ages three to five, look for toys that are solidly constructed. Avoid items made of thin plastic that look as if they could easily snap, leaving sharp edges and small pieces. Art materials such as crayons and paint should be marked with the label "ASTM D-4236." This designation means that a toxicologist has reviewed the product. The label, therefore, may also contain cautionary information. Teach children in this age group to keep toys away from younger brothers or sisters.

For children ages six through eight, avoid toys with electrical cords. Instead, use battery-operated toys. Also, avoid electric toys with heating elements.

The American Academy of Pediatrics recommends against purchasing electrical toys for children ages10 and younger. This organization also reminds toy buyers that uninflated balloons and pieces of ruptured balloons are choking hazards for children up to and including age eight.

Some common sense will help kids stay safe, too. Teach children to put their toys away so that they, and others, won't trip on them. Teach children to wear their helmets when riding bicycles, tricycles, and other toys (skates, boards, scooters) that have wheels.

If you are looking for actual lists of recalled or unsafe toys, the CPSC has recall information on its website, www.cpsc.gov. Another good resource is World Against Toys Causing Harm, or W.A.T.C.H.

W.A.T.C.H. is a charitable, non-profit organization founded by Massachusetts trial lawyers Edward M. Swartz and James Swartz. Their work investigating the toy industry on behalf of injured children has persuaded various manufacturers to change defective toy designs and, in some cases, remove toys from the market.

Since 1973, W.A.T.C.H. has released an annual "10 Worst Toys" list. The list is available at www.toysafety.org, and includes pictures of all the toys.

"We do a lot of shopping, and sometimes toys are sent to us by concerned parents," said James Swartz, director and co-founder of W.A.T.C.H. "Choking hazards—small parts or long-handled toys that can become lodged in a child's airways—are always a focus."

Another resource for smart holiday shopping is U.S. PIRG. For nearly two decades, its toy safety reports have motivated more than 100 corrective actions taken by the CPSC and toy manufacturers. U.S. PIRG released its annual "Trouble in Toyland" report in November, and it can be accessed online at www.toysafety.net.

*Ken Suggs, president of the American Association for Justice, is a partner in the Columbia, SC, law firm of Janet, Jenner & Suggs.