Janelle Irwin Taylor
U.S. Rep. Kathy Castor is spotlighting results from the annual Trouble in Toyland report from the Public Interest Research Group (PIRG) to warn parents of potential hazards for children this year due to dangerous toys.
Over the past year, about 150,000 kids 14 and under have died or been seriously injured as a result of toy-related hazards. Speaking at a press conference Monday, just days before the marquee “Black Friday” shopping event when consumers scour stores and online retailers for the best deals of the year, Castor said the trend in toxic toys and choking hazards continues.
“Parents, watch out for the adulterated products that are coming from online, often from China,” Castor warned consumers.
The report directed particular caution toward online shopping outlets, such as Amazon, where toys are often manufactured and distributed without the benefit of myriad safety protections in place in the U.S.
“When you buy a toy or any other product online and it’s shipped directly to you from another country, it generally doesn’t get inspected before it gets to your mailbox,” the report notes.
Even when entering the U.S., many products don’t even get inspected by U.S. Customs and Border Protection because, as the report describes, there’s “a loophole for so-called ‘de minimis,’ or low-value packages.”
Over the past 10 years, shipments claiming exemption under that loophole have skyrocketed from about 140 million per year to 1 billion per year, according to the report.
The Consumer Product Safety Commission (CPSC) issues violation notices and public warnings, including 1,020 notices of violation from January through July of this year. Of those, about 300 were for toys, not including art materials, scooters or bike helmets.
Congress has discussed ways to address unsafe materials entering the U.S., but has so far not identified a solution.
“For now, we have the best chance of keeping our children safe if we watch where we’re buying products from and realize that direct-to-consumer items — while inexpensive and easy to find — put our families at risk,” the report advises.
Of particular note this year in the toy safety report are water beads, smart toys that can invade children’s privacy, high-powered magnets, button batteries and the ease for which consumers can purchase recalled toys despite laws making it illegal to sell them.
The problem could become even more pervasive. Online retail giant Amazon recently announced a new venture, Amazon Haul, which will offer “crazy low prices” by shipping products directly to purchasers from a warehouse in China. All of the products will cost $20 or less, most less than $10 and some as cheap as $1. The model is meant to compete with bargain retailers such as Temu, Shein and the TikTok Shop.
Amazon said in its announcement that it would inspect products to ensure safety and would protect purchases from the company’s normal product guarantees, though items priced at less than $3 would not be eligible for a return. But the report notes that the CPSC is concerned about whether safety inspections by Amazon would be adequate, noting that “Amazon hasn’t always cooperated with recall requests.”
And a popular item available widely, not just from online retailers, is also causing particular alarm. Water beads are colorful sensory toys that are sold small but expand when introduced to water.
“If a child swallows one of these beads that look like candy, it can expand. If it’s swallowed or inserted into an ear canal, the water beads absorb bodily fluids and expand. This can and has led to a blocked airway, intestinal or bowel blockage, lung or ear damage and other life-altering injuries,” the report said.
And according to Dr. Jasmine Patterson, the medical director of the pediatric emergency department at Muma Children’s Hospital at Tampa General Hospital, that includes a 10-month-old who died from a bowel obstruction.
While PIRG has a host of recommendations for state and federal lawmakers and regulators, Castor is speaking directly to parents and loved ones who may be shopping for gifts for youngsters this holiday season.
“As parents, if you have to shop online, be cognizant of where those toys are coming from,” Castor offered, adding that parents should also inspect toys before kids play with them for any potential hazards, including broken pieces that could pose a choking hazard.
Pediatricians also suggest regularly checking a child’s toy bin for any broken pieces to avoid choking risk.
PIRG’s recommendations for policy remedies, meanwhile, include better regulating de minimis shipments and additional resources for Customs and Border Protection and the CPSC. The group also recommends the CPSC step up its enforcement and impose meaningful penalties against merchants that sell counterfeit or recalled toys, and it notes that may require additional resources.
The group also recommends lawmakers pass stronger data privacy laws to prohibit companies from gathering more data from consumers than is necessary to deliver the service it promises, a problem that is particularly pervasive among virtual reality gaming systems.
The group also supports the bipartisan COPPA 2.0 act, which would update the 1998 Children’s Online Privacy Protection Act to better protect kids’ and teens’ privacy online. It also supports the TOTS Act, another piece of bipartisan legislation that would require companies selling high-tech smart toys to clearly label the item if it contains a Wi-Fi connection and has the ability to gather data on kids.
PIRG is also backing the INFORM Act, a new law that cracks down on U.S. sellers that allow counterfeiters and thieves to sell merchandise, and the Sunshine in Product Safety Act, which would allow the CPSC to warn consumers more quickly about dangerous products, including toys, in advance of a recall.
