Getting the Lead Out: Protecting Children From Dangerous Toys

September 02, 2011

How do you protect your child's safety when there are 30,000 tons of potentially dangerous toys pouring into the United States from foreign countries every year? These boatloads of foreign toys account for 95 percent of the toys sold in the U.S. every year -- and many of them cause serious injuries to children.

Of course, American-made toys can cause children's injuries too. Regardless of their origin, toys should not put children at undue risk of injury.

Trouble in Toyland Report

That's why a leading consumer advocacy group, U.S. PIRG, tries to educate the public about the risk of dangerous toys. The group issues an annual report called Trouble in Toyland to raise awareness about the most serious risks. It is typically released in November, to coincide with the onset of the holiday shopping season.

In 2010, the report called attention to important issues that included lead in toys, harmful chemical substances in children's products, and choking hazards. It also contained recommendations for policymakers, outlining a safety strategy for the public policy arena.

One key recommendation, for example, called for maintaining appropriate funding for the Consumer Product Safety Commission. After all, the CPSC cannot provide proper oversight of toys and other products that put children at undue risk of harm without the staff to do so.

Consumer Product Safety Improvement Act

Concern about funding for the Consumer Product Safety Commission is a legitimate concern. In 2008, Congress recognized that the CPSC did not have enough resources to deal with the onslaught of dangerous Chinese toys containing excessive amounts of lead. It had antiquated laboratories for testing products and lacked a viable presence at U.S. ports to inspect shipments of toys from overseas.

In fact, three years ago, the agency did not even have a quorum of commissioners, and therefore could not pass much-needed new regulations.

Fortunately, Congress responded with the Consumer Product Safety Improvement Act. The three-year-old law did not merely stabilize the CPSC by providing funding to build up its lab capacity and surveillance presence at ports. It increased the agency's authority to issue civil penalties against those responsible for toxic toys and other dangerous products. And it also required makers of certain products aimed at children to first send those products to independent laboratories for safety testing.

The CPSC has also taken other tangible actions to promote the safety of children. These actions include strengthened standards for crib safety, baby bath seats and baby walkers. In addition, the CPSC created a database of safety information about potentially dangerous consumer products; much of that information was previously unavailable to the public.

The CPSC has also adopted tougher rules on lead limits in toys and other children's products. In short, the 2008 legislation and subsequent CPSC actions made the agency a player again on consumer protection, not a patsy.

2011 Consumer Protection Legislation

For the consumer products industry, however, the 2008 legislation went too far. The strengthened safety rules increased the costs of manufacturers. It costs money, after all, to test products before they are marketed and sold to consumers.

It is better to do that, however, than to impose costs of easily preventable injuries on unsuspecting victims of dangerous products and their families. Caveat emptor ("let the buyer beware") is one thing, but caveat emptor when there are 30,000 tons of toys arriving at the loading docks is quite another.

Nonetheless, the pushback from the toy and consumer product industries against the requirements of the Consumer Product Safety Improvement Act was considerable. Legislators of all parties did not want to give up improved safety, but they looked for ways to modify the law to make it more workable for industry.

The result was legislation passed in early August of 2011 that sought to address industry concerns while preserving strong safety standards for consumer products. The legislation passed by astonishing margins: 421-2 in the House and unanimously in the Senate. This is even more remarkable considering that Congress was in the throes of the ultra-partisan debt ceiling debate at the time of these votes.

The 2011 legislation maintains two key components of the 2008 CPSC reform. Independent safety testing of toys and other children's products will continue. A database open to the public to report on and monitor safety hazards also remains in place.

Lead Limitations in Children's Toys and Products

The new law does modify somewhat the requirements on lead in toys and other products aimed at children. Only products that are new as of August 14, 2011 will have to comply with the stricter lead standard of 100 parts per million.

Older products have to meet only a standard of 300 ppm. Under the compromise 2011 legislation, however, they can still be sold.

The 2011 legislation also gives the CPSC the authority to grant exceptions to the lead limitations under certain circumstances.

If an Injury Has Happened

Even a strengthened CPSC cannot prevent every injury caused by dangerous children's toys or other products. If your child was harmed by a defective or unreasonably dangerous toy or consumer product, contact an experienced personal injury attorney in your area. A lawyer can assess your specific case and advise you on how to proceed.

Article provided by Kinnard Clayton & Beveridge
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