A couple of weeks ago, Dollar General in cooperation with the CPSC recalled 9,600 toy gun sets, because the orange plug on the barrel of the gun could release and pose a choking hazard to children.  See the announcement and picture below.

http://www.cpsc.gov/cpscpub/prerel/prhtml10/10132.html

I am having a hard time understanding the justification of this recall; this item is clearly not intended for children under three years of age and from what I can see (without actually measuring the warning type size), the choking hazard warning is located conspicuously on the front panel of the package. 

The requirements in the law (CSPA) mandate labeling product packages that contain a small part when the item is intended for children between 3 and 6 years of age.  You can NEVER have a small part either release from a product (after standardized lab tests) or be supplied with a product if the item is appropriate for children < 3 years.  Small parts are unquestionably a banned hazard for children <3 years.

Note: There was a lot of research that went into these ages, prior to the enactment of this requirement, including research proving the existance of a disorder in people of all ages, which lead us to bite our nails, chew on pens and place objects in our mouth.  (see attached study).  It just so happens that children <3 don’t understand the threat of placing hazardous or poisonous items in their mouths.

If during the course of testing, your product (appropriate for children 5+ years), releases a small part, you have not violated the law.  If you have a small part included in the package of your 5+ item and you have it labeled with the proper choking hazard warning, you have not violated the law.  The product above in my opinion is appropriate for children 5+ years.  It is labeled with the choking hazard warning, although I don’t see anything that would be considered a small part included in the packaging (maybe I just don’t see it).  Therefore, it does not appear to violate the law.

I don’t agree with the decision to recall these gun sets, because as manufacturers, it is not within our control to monitor if children, of whatever age, have access to our products.  Thats why we put so many warnings on our goods!  We want and need parents to pay attention to the warnings and not allow children to play with toys if we warn against it.

This to me seems to be a case where the retailer, Dollar General, decided it best to contact the CPSC and explain the situation, with the knee jerk reaction being the dreaded recall.  I can tell you that it would have been hard to accept  this decision, had it been one of my products in question.  I don’t see how DG did anything wrong and I was very surprised to see this announcement.  Maybe there is something more to this situation and perhaps the recall was justified, but I don’t see how.

In the end, consumers with this item should follow the instructions in the announcement and return the product for a refund.

With the 2007 Mattel lead recalls, began an aggressive effort to not only enforce the current lead regulations (which were justified), but a full blown reinvention of toy industry regulations.  I am a firm supporter in making toys and children’s products safer, but what we have been through over the past couple of years has been next to impossible and for some of us, have thankfully pulled through it and become more responsible companies as a result.  However, this can’t be said for everyone, including small businesses and start up companies, who have floundered as a direct result of these laws and how they have been enforced.

Since 1978, lead has been limited to 600ppm (0.06%) total weight in residential paints, paints used on toys, children’s articles and furniture finishes.  The goal was to eliminate the possibility of lead poisoning, and the law applied to all consumer products, except for items like cars, motorcycles and products intended solely for adult use.

It has been since that effective date, the responsibility of the manufacturer or distributor to ensure adherence to the law, but never did anyone have to prove adherence; meaning that no manufacturer was ever required to produce a report showing that there was compliant levels of lead in the paint.  This is where things possibly got sticky with Mattel. 

Mattel, like a lot of importers, look for factories outside of the US to produce their products, mainly because of lower labor costs; places like Mexico and China, which have since the early 80’s been very capable of producing toys and other consumer goods.  The factories would then manufacture and ship those items to Mattel, who would then ship them to retail stores.  I know first hand that Mattel has one of the most complex manuals for toy safety of anyone.  However, the key was; when they tested their toys using it.  If they weren’t tested from production batches, who would know if those shipped toys contained lead?  If they were tested for lead, there would have never been recalls.

You see, lead did serve a purpose in paints at one time.  Lead chromates enhance the hue of some colors.  Lead allows for a smaller amount of paint to cover a larger area.  Lead allowed the paint to bond well to the substrate surface it was applied to, so it wouldn’t prematurely deteriorate.  Lead made paints more UV resistant and prevented fading.  The factory’s benefited from using lead because it is cheap; so they have all of these aesthetic advantages at a “low price”.  However, most factories, no matter where they are; China, Mexico or the US would never purposely add lead to paints.  Lead doesn’t accidentally fall into the paint bucket.  Someone at some point somewhere adds it intentionally.  Probably because they know no one is going to check the paint for lead.  You would assume that if Mattel had processes in place to monitor the lead content of finished product that the factory would have processes in place to monitor their paint supplier.  This process is often referred to as “upstream quality management”.

If Mattel was actively and continuously checking finished products for the presence of lead, do you think the factory would risk losing all of their production investment to simply include lead in the paint?  NO and honestly, who would risk hundreds of thousands in dollars in lost materials, to save a penny or two per item, by using lead laden paint?  No one and that includes Chinese factories; unless of course, they didnt feel they would get caught.  I commend Mattel for accepting responsibility for the recalls, because it was just as much their fault as their suppliers.  But, who is ultimately responsible, many ask?  The importer is.  Importers, who hire factories to manufacture their products are absolutely responsible for ensuring that the product meets their requirements and federal regulations.   They, in the end have the option of denying shipment and even to stop doing business with a factory.

So, the process began of enacting new legislation that would forever prevent lead poisoning and place limits on other chemicals too; most of which I support, but some, not so much.  Our legislators, some of which have law degrees, maybe studied political science in college, or perhaps had a decorated military career, assembled and drafted a policy that would reduce the lead limits in paints, limit lead in toy substrates and limit the percentage of phthalates in toys & child care articles.  Hmmm……but I’m not sure they even knew what phthalates were, but hey….Europe and California did it, so why shouldn’t we?  Let’s harmonize our global consumer regulations and appear to be saving children’s lives!  I don’t think there was enough scientific data to support the limitation of phthalates, even when it was enacted in Europe or California.  I can assure you that based simply on how fast this new US policy was drafted, not much thought went into its content and absoutely no thought for how it would impact the toy industry was ever considered. 

Keep in mind; all of this happened in the midst of the deepest global recession in decades.  This law bankrupted a lot of small companies in the United States; closed Chinese factories and added to increasing unemployment rates and foreclosures.  But, why would legislator’s care?  They aren’t being directly affected by the enactment of this law.  In fact, I think they felt like heroes after the law was signed and I wonder how many of those who proposed the Bill were up for reelection in 2007 or 2008.  This law may appear to some on the campaign trail as a major accomplishment.

With the help of the CPSC and its commissioners, the degrees of enforcement have prevented many of the bumps in the road, expected when this law was signed by President Bush.  We are making it through and as an industry, believe we have become more safety conscious about our products than ever before.

We are stronger as an industry and as individual companies.  We are still learning how to improve and also are trying to get years ahead of legislation, so that we aren’t impacted like we were this time around.  It has been tough, but again, it is our obligation to keep children safe, so this isn’t always about having a report or proving compliance; it’s about having the confidence that children using our products would never be harmed and it has been worth every bit of effort and struggle.  We are responsible and willing, so no matter what laws are enacted or how many bumps there are, we are moving forward together to do it right.

Warnings on toy packages are often times overlooked and I can understand why.  Walk down any toy aisle in any store and you find packages littered with warnings, symbols, multiple languages and it is easy to ignore it all.  But, don’t ignore the warnings, no matter how tempted you are to look right past them at the toy glaring back at you through the clamshell window, most times those warnings are real and our only way of letting you know that injury is possible if misused or placed in the wrong hands.  If it says “don’t throw”, heed that warning, because there is reason it is there.  If it says not for children under three years, believe it.

 However, one of my biggest pet peeves as a compliance guy is seeing packaging over labeled or inappropriately labeled with warnings that by law, don’t apply.  I once saw a solid plastic kids chair labeled with a small parts warning….?….huh?!  There is a true purpose behind these required warnings and that is to protect your kids from truly present hazards.  For example, the warning below is required to be present on the front facing packaging panel for toys 3-6 years.  It is taken from the Child Safety Protection Act, effective since 1995 and it is intended to identify true small parts, small balls, balloons or marbles in toys, which are a real (very real) hazard for children under 3 and that parents should use extreme caution even when giving them to 3 to 6 year olds.

 There is an inherent hazard, because children under three are prone to put just about anything in their mouth and anything able to fit in a small parts cylinder (below) is a small part.  Children 3-6, the product could still be hazardous and parents should be informed that the product has this small object inside.

 The issue; solid plastic chairs, balls the size of your head and everything in between is branded with this warning and we have all become desensitized to it.  No one cares about the warning, because it is so prevalent, not only in the toys stores, but on stationary and pencil and pen packages, which are exempt from labeling.  I see it everywhere and as a result, those numb to the true purpose of the warning purchase a toy with a small part and give it to their 2 year old, who chokes on it. 

  The goal of warnings is to warn consumers of a real hazard and unfortunately, lazy and “cover your tail” manufacturers label everything in their line with warnings that don’t always apply.  I think if the CPSC penalized those manufacturers for overuse of warnings on packaging, we would see far less warnings on products that don’t require them.  However, right now there is only a penalty if a hazard isn’t identified.

 Even with that said, parents should always do the following;

 1)      Check the age grade on the toy.  Those are usually pretty accurate and you should always be sure that the child you are buying it for is within that labeled age range.  We put a lot of thought and research into these labeled ages and they really do have some substance behind them.

2)      See if there is a warning similar the one below on the front panel of the packaging.  Sometimes, manufacturers will place then on the back or side, when they know they really don’t apply, “just to be safe”.  This is often an indication that there is either no small part present or that the product is for children over 6 years, in which case, check the labeled age again.  Either way, you should heed the warning and keep that toy away from children under three years; no exceptions.

3)      Look through the packaging window and determine if you can see any components that could fit entirely in an empty toilet paper roll.  If so, it might be a choking hazard.  Items like balloons and marbles; there is no question, they can be deadly if in the wrong hands, so be careful!  You can even purchase the same small parts cylinder that we use, on line for only a few bucks.  Type ‘Safety 1st choke tube’ in your search engine.

4)      Don’t let these warnings dissuade you from purchasing the product, as long as you are willing to be responsible with the toy and its components and keep them away from the younger ones in your house.  Your finger wont always be able to reach down in their throat and get that little piece out, so use caution with big kid toys around the little ones.

 So, a few closing tips.

 a)      Keep the big kids toys packed away and out of reach of any little ones that might stumble across them.  It only takes 90 seconds for your child to choke to death.

b)      When finished with party balloons, deflate them and throw them away.  A little one might pop one and start chewing on the remains.  Again, this could be deadly.

c)      Follow the labeled age grade on the packaging.  Don’t think that your child is smarter or more careful than most kids in their age group and can handle a toy for the bigger ones; afterall, they are still kids.  You could be sadly and unfortunately mistaken.

d)      Make it a rule to only buy items that you would be comfortable with your child playing with alone or while not always under your constant and watchful eye.  Who wants to be in a state of constant panic and anxiety about their kids’  toys?  Be careful when you buy them, so you wont have to worry constantly after you give the toy to your child.

e)      Really take the time to read the warnings on packages and understand what they mean before you make the decision to purchase the toy.  Make sure you explain to your kids what the warnings mean and what could happen if they dont follow your directions.  You are the only thing standing between your child and a disaster.