Posts Tagged ‘“Boston product liability attorneys”’
The Boppy Company Recalls 3.3 Million Newborn Loungers Linked to Deaths
The Boppy Company has now recalled 3.3 million newborn loungers after the deaths of 8 infants. The U.S. Consumer Product Safety Commission (CPSC) and The Boppy Company announced the recall on September 23, 2021. Parents are urged to immediately stop using these products and to remove them from their homes.
The infants reportedly suffocated after being placed on their back, side or stomach in these loungers. The deaths were reported between December 2015 and June 2020.
The recalled products include:
- Boppy Original Newborn Loungers
- Boppy Preferred Newborn Loungers
- Pottery Barn Kids Boppy Newborn Loungers
Prior to the recall, The Boppy Company sold the loungers from January 2004 through September 2021 for $30-$44. A total of 3.3 million loungers were sold in the U.S., including by Amazon, Walmart, Target and Pottery Barn Kids. Another 35,000 infant loungers were sold in Canada. The newborn loungers were sold in a number of colors and measured about 23 inches long, 22 inches wide and 7 inches high. Consumers can contact the company for a refund.
In the CPSC’s announcement, The Boppy Company said the infant lounger was not marketed as an infant sleep product and included warnings against unsupervised use. But the CPCS noted the loungers and pillow-like products are not safe near infants, who sleep so much and can quickly suffocate if they roll or turnover.
The CPSC emphasized babies should sleep on their backs, on a firm and flat surface in a crib, free from any blankets, pillows or padded crib bumpers.
The CPSC has been actively investigating the hazards of infant sleep products. On April 5, 2019, the CPSC and Fisher-Price issued a shocking consumer warning, stating that 10 infants, all 3 months or older, had died rolling over in the Fisher-Price Rock ‘n Play sleepers. Parents were initially urged to stop using the products when children turned 3 months or started to turn.
A week later, more than 30 reports of infant fatalities had emerged. On April 12, 2019, after nearly 10 years of sales, Fisher-Price issued a full recall of 4.7 million Rock n’ Play sleepers and warned parents to stop using the product.
The Washington Post later reported Fisher-Price had developed the Rock ‘n Play product after consulting one physician and had not conducted any clinical research. The newspaper would also report the number of infant deaths had risen to 90.
Infant Sleep Product Recalls and Deaths After the Fisher-Price Rock ‘n Play
After the Fisher-Price Rock ‘n Play recall, the CPSC announced several other infant sleeper recalls for products made by Kids II, Summer Infant, Graco and other companies. In June 2021, the CPSC announced another Fisher-Price recall for the 4-in-1 Rock ‘n Glide Soother, and warned that four infants had died while using the product between April 2019 and February 2020. This product went on the market in 2014 and 120,000 units were sold in the U.S.
At the same time, the CPSC announced the recall of 55,000 Fisher-Price 2-in-1- Soothe ‘n Play Gliders between November 2018 and May 2021. No fatalities were reported in association, but the CPSC warned consumers that, “Inclined products, such as gliders, soothers, rockers and swings are not safe for infant sleep, due to the risk of suffocation.”
In 2019, the CPSC released initial findings on infant sleep product research.
New Safety Standard For Infant Sleep Products
In June 2021, the CPSC approved a new federal standard for infant sleep products. Beginning next year, products intended or marketed for infant sleep must meet this new mandatory standard. Under the new standard, if an infant sleep product does not meet a current CPSC sleep standard, it must be tested to ensure the sleep surface angle is 10 degrees or less. The Fisher-Price Rock n’ Play had a 30-degree incline. Moving forward, infant sleep products must also comply with the CPSC’s safety standard for bassinets and cradles.
As the CPSC implements the new safety standard, the agency is also offering parents tips for putting infants to sleep safely. This starts with setting up your child’s sleep and play areas for safety.
Free Legal Consultation – Boston Product Liability Lawyers
The Boston product liability lawyers at Breakstone, White & Gluck have more than 100 years combined experience representing those injured or killed by defective products. If you or a loved one have been injured by a company’s negligence, learn your legal rights. Contact our law firm at 800-379-1244 or 617-723-7676 or use our contact form.
Infant Sleeper Recalls Continue Nearly a Year After Fisher-Price
Nearly a year after the Fisher-Price Rock ‘n Play recall, the work continues to remove unsafe sleepers from the market.
After more than 70 infant deaths involving inclined sleepers, the Consumer Product Safety Commission (CPSC) and lawmakers continue working to prevent injuries.
The CPSC recently announced the recalls of over 165,000 infant sleepers from four companies: Summer Infant, Evenflo, Delta Enterprise Corp. and Graco. Thankfully, these recalls are not related to any deaths or injuries. They are part of the CPSC’s ongoing work to protect children after Fisher-Price’s startling revelations about its Rock ‘n Play, which has been linked to dozens of infant deaths. However, these models have not been linked to injuries, according to the CPSC and at least one company initially refused the CPSC’s efforts.
Graco is recalling the largest number of units, 111,000 Graco Little Lounger Rocking Seats. Sumr Brands is recalling 43,000 SwaddleMe By Your Bed Sleepers. Delta Inclined Sleepers is recalling about 5,900 units and Evenflo has about 3,100 units involved in the recall.
If you own one of these sleepers, you can read the recall notices on the CPSC website. You should be able to contact the manufacturer and return your sleeper for a cash refund or a voucher.
Consumers are urged to stop using the inclined infant sleepers. It is better to return the infant sleepers, rather than discard them in the trash.
Fisher-Price Rock ‘n Play
Parents received the first frightening warning about inclined infant sleepers last April, when Fisher-Price issued an advisory for parents, initially announcing 10 babies had died in the sleeper after turning from their back to their stomach, then suffocating. The company warned parents not to let children use the sleeper after 3 months old.
Within days, facing outrage from parents and new allegations, Fisher-Price acknowledged more deaths and had to replace its advisory with a recall notice for 4.7 million Rock n’ Play sleepers. Because this product was sold for 10 years, this has been a massive recall. Adding to the challenge is so many companies have followed Fisher-Price’s lead and developed similar inclined sleep products.
After Fisher-Price, we learned that Kids II was also facing allegations that several infants had died in its sleepers. The company recalled 700,000 products in late April, just a few weeks after Fisher-Price took action.
Federal Legislation to Ban Inclined Sleepers
The CPSC has been working with other companies to identify unsafe sleepers while advising consumers not to use inclined sleep products. The Fisher-Price sleeper and other models are dangerous because they sit at a 30 degree incline. Babies can roll over and suffocate. The American Academy of Pediatrics (AAP) advises parents to put infants on flat surfaces to sleep and remove blankets, toys and other items. Researchers from the University of Arkansas have also recommended flat surfaces for sleeping and have said any incline should fall under 10 degrees.
Federal legislation has been proposed to ban inclined these sleepers altogether. According to Consumer Reports, the Safe Sleep for Babies Act has already passed in the House of Representatives. If this happens, the CPSC will not have to pursue product recalls one by one and negotiate with each manufacturer.
Boston Product Liability Lawyers – Boston Personal Injury Lawyers
Free Legal Consultation
Breakstone, White & Gluck has over 100 years combined experience representing those injured by the negligence of others in Massachusetts. Our attorneys have extensive experience in the area of product liability and defective products. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676 or use our contact form.
Worst Toys of 2019 List Showcases Holiday Hazards
Photos: Worst Toys of 2019, W.A.T.C.H.
The Worst Toys of 2019 list has been released, providing parents and grandparents a preview of toys to avoid this holiday season. We urge you to read this list before you shop. Each toy mentioned has caused injury or has grave potential. We want Massachusetts families to steer clear and enjoy a safe and happy holiday season.
As you read, remember there are just 10 spaces on the Worst Toys list, which is compiled by W.A.T.C.H. – or World Against Toys Causing Harm, Inc. Yet there are far more toys out there which may be unsafe or inappropriate for your child’s age. Read our blog on the Worst Toys list, to help you identify common features in unsafe toys, such as small parts which could cause choking injuries.
Toy injuries are a daily risk for many families in Massachusetts, not just during the holidays. Across the country, 251,700 people suffered toy-related injuries in 2017. From 2015 to 2017, 37 children died while playing. These devastating numbers are preventable if manufacturers, distributors and retailers safely handle products throughout the supply chain. Parents can do their part by always reading and following age recommendation labels. Remember you also have help on this front. You can check the Consumer Product Safety Commission’s website for product warnings and recalls before you shop this holiday season, and throughout the year. You can also sign up for e-mail alerts.
1- Nerf Ultra One
Though it looks like a blast, this Nerf toy is a $49.99 danger, W.A.T.C.H. says. The dart blaster shoots up to 120 feet and claims to be the “Farthest Flying Nerf Dart. Ever.” It carries an age recommendation of 8 and up, with several troubling warnings. W.A.T.C.H. reports the darts can be shot with enough force to cause eye injuries.
2 – Spike the Fine Motor Hedgehog
Spike is a risky toy because he comes with 12 removable quills, all 3 ½ inches long, W.A.TC.H. The problem is the packaging carries an age recommendation of 18+ months. This is deceptive, leading parents into conclude this is a safe toy for young children of that age. The age recommendation should be higher and carry a choking hazard label.
3 – Bumchems Bunch’N Build
These building toys stick together and make cute formations. What’s not cute is how they can get caught in your child’s hair. The manufacturer is clearly aware of this potential, advising parents to keep their child’s hair pulled back to avoid entanglement. Although they continue selling it, you don’t have to buy it. Carefully consider how your child and what could happen if you leave the room for a moment.
4 – YETI
Pull at this doll’s white fur and with little effort, it becomes loose. Then it gathers, creating a choking hazard. The $21 toy is being sold everywhere this year, including Walmart.com, Target.com and Amazon.com. W.A.T.C.H. critically notes the toy has a recommendation of 24 months and up – on a removable sticker. Once this sticker comes off, consumers have to guess at the appropriate age.
Age recommendations are the most fundamental tool parents have in choosing safe toys. A removable label makes it hard to make safe choices, especially if you are handing the toy down between children.
5- Nickelodeon Frozen Treats Slime
What can we say about this $9.99 slime toy? Or is it food? The truth is, it is a chemical which if ingested, can seriously harm your child. The confusing part is this slime really looks like a frozen treat on the box.
We urge you not to buy slime mixtures or any type of pretend food. There are plenty of other gift options. Traditional crafts such as drawing sets or even Play Doh are better choices. They don’t require any mixing of ingredients.
6 – Anstoy Electronic Toy Gun
W.A.T.C.H. is always critical of marketing realistic toy guns to children and has highlighted the practice over many years. This year it says the Anstoy electronic gun is being unsafely marketed for children age 14+ and can be found online by anyone with an Amazon account. We agree: steer clear of guns and choose toys which involve sports. A soccer ball, basketball or a new snowsled sound like great gifts to us!
7 – Diecast School Bus
This miniature school bus is a choking hazard because the small rubber tires can become loose. They are mounted on plastic wheels and can be pulled apart. So many toys have similar hazards and should be kept out of homes with younger children.
8 – Pogo Trick Board
This toy is a “high bounce ball” with dual handles for “tricking out.” The age recommendation is children 6 and up. The manufacturer warns children to wear a helmet to protect against head injuries. But the packaging shows two children using the board without a helmet. There is one child bouncing high while wearing a helmet, but overall, there’s not a strong advisory to parents.
9 – Power Rangers Electronic Cheetah Claw
“Do not hit or swing at people or animals.” “Use away from breakable objects.” Finally, this toy carries a small parts warning, even though the age recommendation is 5+.
With so many warnings, why would you want to buy this toy? It may look cool to your child, but you have to remember it’s winter in Massachusetts. This is not a toy you want your child swinging around your home. Hasbro, the manufacturer, says the toy can cause potential eye or facial injuries.
10 – Viga Pull Along Caterpillar
This is an adorable toy, but it made the W.A.T.C.H. list because of its long string. This could cause a potential choking or strangulation hazard. The Viga Pull Along Caterpillar is a pull toy and should have a warning to go with its 24-inch cord.
Read more from the Worst Toys of 2019 on the W.A.T.C.H. website.
About Breakstone, White & Gluck – Free Consultation
Boston Product Liability Lawyers – Boston Defective Toy Lawyers
Breakstone, White & Gluck is experienced in representing those injured in Massachusetts in cases involving product liability and defective products. Manufacturers have a responsibility to conduct safety testing and properly label toys with age recommendations. When they neglect this responsibility, toys are not safe to use.
We share this blog as part of our holiday toy safety series and our Project KidSafe campaign. Learn more about Breakstone, White & Gluck and our work for clients on our website.
Holiday Toy Safety: Check for Age Recommendations and Choking Hazard Labels
Age recommendation labels are the first tool you have in selecting safe holiday toys. Anyone purchasing toys for young children wants to familiarize themselves with the choking hazard-small parts label.
Warning: Choking Hazard – Small Parts. Not for Children Under 3 Years
Each year, children suffer choking injuries and deaths after consuming food or putting small objects in their mouths. In the late 1970s, the Consumer Product Safety Commission (CPSC) led a three-month study of an estimated 3,800 injuries involving children under age 10. It was determined that children under age 3 suffered more than half of all these injuries. More than 50 children under 3 died in accidents involving small parts.
With those numbers, the CPSC announced the small parts regulation, which became effective on January 1, 1980. Since then, toy manufacturers have been required to test toys and parts using the small parts cylinder test.
This cylinder has a diameter of 1.25 inches. The bottom of the cylinder is slanted, opening 1 to 2.25 inches. Toys which fall through the cylinder must carry the choking hazard – small parts warning and state not for children under 3 years old. Toys may also require labels if they fit through the tube, but break it during subsequent “use and abuse” testing (Source: U.S. PIRG, Trouble in Toyland 2018).
Toys which are too large can be sold without the choking hazard label, though they may require another type of labeling.
Small Parts Warning for Children Between Ages 3 and 6 Years
Any small part intended for children between age 3 and 6 must carry the same labeling: “Warning: Choking Hazard — This toy is a small part. Not for children under 3 years.”
Small Parts Warning – Small Balls
There is a separate federal standard for small balls, according to U.S. PIRG. Balls with a diameter of 1.75 inches are banned for children younger than 3 years of age.
Small balls must carry this age-recommendation label: “Warning: Choking Hazard — This toy is a small ball. Not for children under 3 years.” A similar label is required for toys which contain small balls: “Warning: Choking Hazard–Toy contains a small ball. Not for children under 3 years.”
Toymakers are required to test and use age recommendation labels. All toys intended for children age 12 and younger must undergo third-party testing and meet the most recent version of the federal safety standard, ATSM F963.
But there are times when parents and anyone buying a toy should be skeptical. Toymakers have made errors in labeling and there can be miscommunication between manufacturers and retailers when toys are displayed without packaging. Online product descriptions may not be accurate.
Remember These Toys Have Small Parts!
- Marbles
- Magnets
- Game pieces (such as the Monopoly characters)
- Legos and building bricks
- Small puzzle pieces (and cardboard pieces are a danger because small children can chew them and choke)
- Button batteries
- The clothing and parts on stuffed animals and dolls
- Pens and pencils with caps which can become loose
Additional Toy Safety Standards for Children Age 3 and Younger
While we are talking about small parts, we also want to remind parents of other federal toy safety guidelines for children under 3.
- Toys and children’s products must not have sharp points or edges which can potentially injure children.
- Paints and surface coating cannot contain more than .06 percent lead or other hazardous materials.
- Children’s pajamas, clothing and products which fail to meet flammability limits.
The best way to stay informed is to check the CPSC website for toy safety recalls and product warnings.
Final Points on Toy Safety for Young Children
Carefully inspect all toy sets and stuffed animals before and after purchase. Open boxes, handle the pieces yourself before giving. If you buy online, check if the box matches the online product description. Because of the demand for toys near the holidays, it’s not unusual for shoppers to receive a toy similar to what they ordered.Decide whether the toy will be safe near your child and their siblings. You should always consider younger siblings when buying gifts. If they are not at least 3 or older, wait another year. Also pause if the younger sibling just isn’t ready.
If your children are the right age and ready, purchase a secure container to keep the small parts in. Keep this container separate from other toys in your home and be mindful of not letting small pieces scatter.
Finally, supervise children whenever they play with small parts. Even older children can find themselves in dangerous situations at times when handling small pieces. This is especially true with new toys. So as they play, sit with them at the table or just stay in the room so you can help.
About Breakstone, White & Gluck – Boston Toy Safety Lawyers
Our Boston personal injury lawyers represent clients in all personal injury matters, including motor vehicle accidents, medical malpractice, premises liability, wrongful death and cases involving injuries caused by defective products and unsafe toys. We share our holiday toy safety series as part of our Project KidSafe campaign.
To learn more, visit our toy safety page. You can also visit our website to learn more about our attorneys and their experience.
Product Recalls and Warnings As Massachusetts Sends Children Back to School
Check your package to make sure it’s safe and contains what you ordered. That’s one of several warnings about product safety as students head back to school in Massachusetts.
Parents, as school begins, there are good reasons to double check your child’s backpack, daycare program and dorm room, as well as online purchases. There have been several recent recalls and news reports about unsafe products, providing warnings for children of all ages.
Dangerous Products on Amazon. It’s convenient to place a quick order on Amazon and see the package arrive in no time. But a Wall Street Journal investigation has found the retailer is actually selling thousands of unsafe products. These products have been declared unsafe by federal agencies, are deceptively labeled or are banned by federal regulators. The Journal’s investigation documented 4,152 dangerous products, including toys and medications, according to news reports.
Amazon draws the majority of its business from third-party merchant sales and the report questions Amazon’s oversight of these sellers. Meanwhile, the company has reportedly removed some of the products and said it is committed to consumer safety, investing over $400 million toward these efforts in 2018.
Always do your research when making online purchases and open packages as soon as they arrive. Check that the packaging matches what appears online. Parents should carefully inspect the age recommendations and take inventory of unexpected pieces and parts that could cause choking and other injuries.
Contigo Water Bottles. Contigo has recalled 5.7 million of its Contigo Kids Cleanable Water Bottles, saying they can detach and pose a choking hazard. The Chicago-based company has received 149 complaints, including 18 reports of children found with the detached spout in their mouths. Contigo will provide a free replacement lid for the products. Read more.
Infant Sleepers. Fisher-Price issued a product recall for the Fisher-Price Rock ‘n Play sleepers back in April. But the unsettling news is some of the recalled cribs are still in use. In a survey of 376 daycare centers, one in four were still using at least one of Fisher-Price’s recalled sleepers, according to USA Today. This report just came out in the last few days.
Parents please read this article and talk to your child’s daycare provider. Fisher-Price recalled the sleepers following 10 deaths. The Consumer Product Safety Commission is now aware of more than 30 infant deaths.
Battery-Operated Skateboards. We want to mention a news headline out of Ohio because while it’s several states away, it provides an important warning for Massachusetts parents of college students. On Tuesday, a battery-operated skateboard sparked a 5th floor dormitory fire at the University of Cincinnati, causing a reported $20,000 in damage to Calhoun Hall, a 12-story structure housing hundreds of students. Fortunately, no injuries were reported. Officials have not identified the product which caused the fire, but the incident is a reminder that dangerous products can have a far more devastating effect in college housing. Read and follow the college’s guidelines on products which are not permitted.
Stay Informed About Product Recalls
Because there is nothing more critical than your child’s safety and well-being, we urge you to check the Consumer Product Safety Commission website to learn about other recent recalls. To stay informed, you can sign up for regular email alerts about product recalls or visit the CPSC website periodically.
Contact a Boston Product Liability Attorney
Breakstone, White & Gluck has represented those injured by defective products in Massachusetts for more than 25 years. We periodically share information on product recalls and unsafe products to help prevent injuries before they happen.
If you or a loved one have been injured by a defective product, seek immediate medical attention. Preserve the product and contact an attorney to learn your legal rights.
For a free legal consultation, contact our Boston product liability attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.
Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers
There is “Trouble in Toyland.” For the 33rd year, U.S. PIRG has released its annual survey on toy safety. This is a widely respected survey, which over the years has dispensed valuable information to protect children and families. The survey has led to the recall of more than 150 unsafe toys.
Highlights from this year’s report:
- Toys which have been recalled for safety issues over the past year
- Toys which contain high levels of toxic materials, such as boron
- Toys which do not meet labeling requirements
- Toy regulations
Toy recalls
Over the past year, the Consumer Product Safety Commission (CPSC) announced more than 40 recalls of toys and children’s products, such as wagons and strollers. These recalls represent 2.7 million units. During its survey, the group did not find any recalled toys or products still being sold. This is good news for consumers, but you still need to check products for yourself by going online. You can visit the CPSC Recall list.
You can also check the U.S. PIRG’s “Trouble in Toyland” report, so you can be informed while you shop or to see if you have any recalled toys in your home (See Appendix 4, page 29). Many people do not hear about recalls so it’s worth checking.
If you find a recalled product, you can contact the manufacturer for a refund or a repair. In some cases with inexpensive toys, it may be best just to discard it from your home in a safe way. Move onto other toys.
U.S. PIRG has long advocated for improvements to the CPSC’s recall system. One concern is that companies are not required to report how many consumers actually return products for repairs or refunds.
Toxic Materials
The report focused on two toxic materials in toys: Lead and boron.
Beware of Slime: U.S. PIRG Researchers found 6 popular Slime sets which contain dangerous levels of boron.
Lead. Lead was banned from household paint, children’s products and cookware 40 years ago. But federal law states children’s products made after August 2011 can contain no more than 100 parts per million. Because lead is highly dangerous when breathed in, be careful when buying toys such as paint sets and other products. Electronic devices can contain some lead parts, as can metal components of bicycles. The American Academy of Pediatrics (AAP) recommends all products for children contain no more than trace amounts of lead (40 ppm).
Boron. Your child may be begging you to buy one of those popular slime toy sets. U.S. PIRG says you can’t trust these products are safe. Researchers found six slime products on the market had dangerously high levels of boron. One brand, “Kangaroos Original Super Cool Slime,” contained concentrations as high as 4700 parts per million (ppm).
Boron is a chemical element used mostly in glass manufacturing, pesticides, antiseptics and detergents. Children can ingest small amounts, even less than 3.68 ppm and suffer symptoms of nausea, vomiting and potentially longer term impacts on reproductive health. The Environmental Protection Agency (EPA) reports certain levels can even be lethal. Say the “Kangaroos Original Super Cool” slime has up to 4700 parts per million (ppm). Then consider that six states have made recommendations on boron limits in drinking water, non exceeding 1 ppm. It’s a frightening discrepancy. U.S. PIRG has asked the CPSC to explore setting limits on boron levels, as Canada and other countries have.
We recommend parents spend their money elsewhere this year. There are so many toys out there, which your child would enjoy without risk to their safety. Likewise, if your child plays at another friend’s home or goes to daycare, make sure the adult in charge knows you don’t want your child playing with slime sets.
| Slime Toys with Dangerous Levels of Boron |
| Kangaroos Original Super Cool Slime – Amazon – 4700 ppm |
| Kidsco Glow in The Dark Slime – Amazon, Walmart – 4600 ppm |
| Toysmith Jupiter Juice Slime – Amazon, Walmart – 1900 ppm |
| iBaseToy Fluffy Slime – Amazon – 1500 ppm |
| Haniex Soft Magic Crystal Slime – Amazon – 1400 ppm |
| Meland Fluffy Slime Amazon Boron – 1100 ppm |
| Data from U.S. PIRG “Trouble in Toyland” Report 2018. |
Labeling
Drawing of the small cylinder test for toys. Credit: CPSC website.
Toymakers are responsible for properly labeling their products, especially those with small parts which are not intended for children under age 3. This warning is essential. Children are often putting small parts in their mouths. From 2001 to 2016, more than 110 children died this way, according to U.S. PIRG.
What’s important for consumers to know is the CPSC has a Small Parts Ban. Toys must be tested to make sure they cannot pass through a test cylinder, which has a diameter of 1.25 inches. The cylinder has a slanted bottom, opening 1 to 2.25 inches. If a toy can pass through, it must be properly labeled: WARNING: Choking Hazard-Small Parts. Not for Children Under 3 Yrs.
Researchers identified a few toys which are being sold online without age appropriate labels this year – Hatchimals and L.O.L. Surprise toys. Parents should watch and carefully inspect every purchase you make. A good rule of thumb is to open every toy well in advance of giving it to a young children. Open it out of your children’s reach, such as in a basement.
Balloons are another product which are not being labeled properly. Balloons should come with warnings that they are a potential choking hazard to children under 8 years old. Yet, 87 percent of the latex balloons on Amazon.com carried no warnings, according the survey.
Toy Regulations
As consumers, we deal with packaging, price tags and shipping dates more than regulations. But the “Trouble in Toyland” report shares three important regulations on page 17:
- Small Parts Ban (1979)
- The Child Safety Prevention Act of 1994
- The Consumer Product Safety Improvement Act of 2008
Read the 2018 “Trouble in Toyland” report.
About Breakstone, White & Gluck
Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck of Boston specializes in handling personal injury and product liability cases. This holiday season, we are committed to sharing toy safety tips as part of Project KidSafe campaign. We wish you a safe and healthy holiday season.
Learn more about our firm: www.bwglaw.com.
Hoverboards and Drones Bring Safety Risks
Despite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.
The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.
Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:
“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”
Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas. pic.twitter.com/ADRrYBB81J
— Carlos Curbelo (@CLCurbelo) December 26, 2015
We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”
News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.
Our Thoughts
This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.
If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.
Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.
On Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”
The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.
Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
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Check Your Car’s Airbags After Recalls Linked to Four Deaths, Injuries
Last week, the National Highway Traffic Safety Administration (NHTSA) issued an advisory urging the public to act immediately on recall notices impacting 7.8 million cars with Takata airbags. The airbags are now linked to four deaths and more than 100 injuries.
If you have not already done so, please immediately check if your vehicle’s airbags have been recalled. Visit Safercar.gov. Select your auto manufacturer and enter your vehicle identification number, or VIN.
While car manufacturers are required to notify owners of recalls, do not wait to receive a letter for the company. While many of the airbags were previously recalled, you may have missed an earlier letter or may not have appreciated how serious the recall actually is.
The recalls involve Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors. More than 5 million of the cars are Honda models. Many are older vehicles from the 2000-2007 model years.
After you check the site and contact your dealer, be prepared to wait. Unfortunately, many dealers do not have the parts they need to meet demand.
Prior to last week’s announcement, 2014 was already the worst year ever for auto recalls, with 50 million vehicles recalled. One in five cars in our country has a defect. General Motors (GM) paid a $35 million fine last spring and has recalled 26 million vehicles.
Why are the airbags defective?
These airbags have inflator mechanisms which can rupture and explode, sending metal and plastic shrapnel at drivers and passengers. They use excessive force. Police were investigating the death of a woman who had been in a car accident as a homicide because she appeared to have stab wounds on her neck. Then her relatives received a letter about the airbag recall to her from home from her car manufacturer. See The New York Times article, “It Looked Like a Stabbing, but Takata’s AirBag Was the Killer.”
How long will it take to get a replacement part?
It is hard to say. Some dealers already have the replacement parts ready, but others are on back order. Some car manufacturers are warning car owners not to carry front-seat passengers until the airbag defect is fixed. Toyota is telling dealers to shut the passenger seat airbags off in all vehicles that are brought in until new parts are available.
Can I get alternate transportation?
Probably not. It is unfortunate, but most of us will have to wait for the new parts to arrive. Your local dealer may also offer you a trade-in.
I did not buy my car from a dealer. I bought it from a private party.
Check your paper work from your car’s sale for the name of the dealer who originally sold the vehicle. If you cannot find this, contact any local dealer of your vehicle and ask them to assist you.
Should I purchase a car under recall?
Unless the specified repair has been made, a dealer is not allowed to sell you a car under recall and you should never purchase one under recall from a private party either.
When you are looking to buy a car, write down the model and year, then search for it online at SaferCar.gov or the Consumer Reports Recall database.
I was planning to sell my car.
You should wait for any serious defect to be repaired before selling your car. This is the safest and most ethical option regardless of the law. But there are laws to consider, including the Massachusetts Used Vehicle Warranty Law, which states private party sellers have to disclose defects to buyers.
About Breakstone, White & Gluck
The Boston product liability lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients injured by negligence in Massachusetts. If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our form.
“Worst Toys List” Warns of “Toy Weapons,” Choking Hazards and Hazards of Buying Toys Online
The World Against Toys Causing Harm, Inc. has released its 41st annual “10 Worst Toys” list. This year, the Boston-based non-profit nominated toys which posed a choking hazard, had improper labeling and several “toy weapons,” including toy guns, sling shots and boomerangs.
The report said, “These toys, that resemble real weaponry, have no place in the hands of children. Evidence of the potential for tragedy is the recent death of a thirteen-year-old boy in Santa Rose, CA, who was fatally shot by a police officer who mistook his toy gun for a real weapon.”
In one case, the World Against Toys Causing Harm (or W.A.T.C.H.) caught a vendor selling slingslots on Amazon.com. Massachusetts law prohibits sale of slingshots and New Jersey, Rhode Island and Washington have similar laws.
W.A.T.C.H. urged consumers to be vigilant even if they are purchasing toys from a well-known brand name. It stated there have been 29 toy recalls in the past 12 months, which included over one million units of unsafe and defective toys in the United States and Canada. Of these, 20 recalls were initiated for toys which posed choking and ingestion risks.
This year’s list includes:
1) Army Force Automatic Rifle
Hazard: Realistic toy weaponry and inconsistent age recommendations on labeling and Amazon.com.
2) Big Rock & Roll Ball Pit
Hazard: Potential for impact injuries because children as young as 3-years-old are encouraged to climb inside a rolling, inflatable ball. W.A.T.C.H. also criticizes the package, which shows children playing with no parental supervision.
3) Max Steel Interactive Steel with Turbo Sword
Hazard: Potential for impact and facial injuries.
4) Disney Princess Backpack Fishing Kit
Hazard: Potential for chemical ingestion injuries. The cardboard insert warns the play item may contain lead which may be harmful if eaten or chewed.
5) Black Widow Folding Slingshot
Hazard: Potential for serious bodily injuries. Illegal to sell in Massachusetts and three other states. On Amazon.com, the product carried a “for 6 months and up” age recommendation.
6) Little Drummer
Hazard: Potential for ingestion and choking hazards. The drum is sold for babies as young as 12-months-old and the drumstick could block a child’s airway.
7) Boomerang “Throw & Catch”
Hazard: Boomerangs should not be sold to children of any age. Online toy recommendations and those on the package were also inconsistent. Online, the boomerang was recommended for children 16 months and up versus on the package, which stated it was not for children under 3 years.
8) Disney Baby Snow White
Hazard: Potential for choking hazards. The toy is marketed for children 2 years old and up, but has small detachable pieces, such as hair accessories.
9) Nerf N-Strike Jolt Blaster
Hazard: This toy is marketed for children age 8 and older. It has a dart which can be shot and potentially cause eye injuries. On the Hasbro website, the product description reads “Hide it in your pocket to maneuver in close to your enemy, then pull down the cocking handle to ready your shot. Pull the trigger and reload fast to win the day!”
10) The Spooner-Freestyle
Hazard: Potential for head and other impact injuries. This toy resembles a skateboard without wheels and is marketed for children age 3 and older. It does not mention use of safety gear and none is worn by children on the packaging.
Related:
10 Worst Toys of 2013, W.A.T.C.H.
Trouble in Toyland, U.S. PIRG.
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