Toy Safety LawsOver the last 30 years several laws were passed that aim to prevent dangerous toys from getting in the hands of children. These laws are enforced by the Consumer Product Safety Commission or CPSC. The first toy safety law was passed in 1979 when the CPSC banned the use of small parts in toys to protect children from choking. In 1994, Congress passed the Child Safety Protection Act (CSPA) which required special choke hazard warning labels on toys that pose choking hazards and increased the size of banned small balls from 1.25 inches to 1.75 inches, since round objects pose particular choke hazards. Below is a summary of the laws. CPSC Ban on Small Parts - 1979CPSC banned the sale of toys with small parts if intended for use by children under the age of three, regardless of age labeling. According to the CPSC's 1979 Small Parts Ban, a toy is intended for children under three if, based on CPSC guidelines, the toy has "play value" for children under three -- bright colors, rounded edges, simple construction, easy-to-understand, etc. It is illegal for a manufacturer to make a toy that is obviously intended for a young child and label the toy "For children three and older" to avoid the small parts regulations. If a toy has "play value" for children under three, then the toy must not have any small parts. Toys are tested with the small parts cylinder. The test device for small parts specified in the 1979 regulation is a hollow truncated cylinder with an interior diameter of 1.25 inches and a slanted bottom with a depth ranging from 1 to 2.25 inches. If the entire product, or any component which separates during abuse testing, fits entirely within the cylinder, the product is banned for sale to children under three. However, the small parts ban did not call for choke hazard warning labels. The absence of an express warning label requirement for toys with small parts for children three years of age or older caused safety hazards. Some manufacturers attempted to circumvent the ban by mislabeling products intended for children under three with "ages 3 and up" labels. Many adults misinterpreted this vague label as a developmental suggestion and purchased such toys anyway--despite small parts--for children under three. Moreover, families with 1-2 year olds may also have 3-6 year old children; the younger children risked choking to death on unlabeled toys containing small parts intended for older siblings. Finally, no CPSC regulation required warnings on the grave choking hazard posed by balloons, which were exempt from the 1979 small parts ban. The Child Safety Protection Act - 1994The CSPA led to important new CPSC regulations. The regulations call for tough choke hazard warnings on toys containing small parts and small balls intended for children over the age of three. The regulations require choke hazard warnings on marbles and balloons. Finally, the law increases the size of banned small balls in toys intended for children under three. The purpose of the express warnings is to address some of the problems that resulted from the prior lack of labeling requirements (see above - 1979 Small Parts Ban). However, the express warning requirements do not change the play value rules. Toys with play value for children under three must not contain small parts or small balls. The 1994 CSPA warning requirements also addressed the previously ignored hazards of marbles and balloons. Marbles, as toys intended for children three or older, are exempt from the small parts ban, even though young children die from choking on marbles. For example, in 1996, a 23-month-old girl died of asphyxia after swallowing a marble. Balloons cause more choking-related deaths than any other children's product. At least 56 people have choked to death on uninflated balloons or parts of balloons since 1990. In the calendar year 1999, four children choked to death on balloons. It is NYPIRG's position that balloons with children's and cartoon characters on them and first and second birthday balloons are inappropriate. The CSPA called for tough new choke hazard warning labels on all marbles and balloons. Small balls also pose a grave hazard. Since 1980, at least 67 children have choked to death on small balls. In 1999, four children died from choking on small balls. Round objects have a greater tendency to cause choking problems because a child's airway can be completely blocked. The small parts test cylinder has a diameter of 1.25 inches, yet children have choked to death on balls as large as 1.75 inches. The CSPA increased the size of banned small balls to 1.75 inches, if intended for children under three. |
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