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2007 "10 Worst Toys" List
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Edward M. Swartz, Esquire Contact: Karen Goldberg
Founder and President   (617) 723-6511
1-(877)-55-WATCH
     
James A. Swartz, Esquire   Date: Tuesday, November 13, 2007
Director   Time: 10:00 am
    Location: Franciscan Hospital For Children
Joan E. Siff, Esquire
Director
    Chamberlain Conference Room
30 Warren Street
Boston, MA
     
RELEASE DATE: NOT BEFORE 10:00 A.M., NOVEMBER 13, 2007
WORLD AGAINST TOYS CAUSING HARM, INC.’S “10 WORST TOYS” LIST INCLUDES NATIONALLY KNOWN NAMES, SUCH AS “SPIDERMAN,” “DISNEY’S PIRATES OF THE CARIBBEAN,” AND “DORA THE EXPLORER,” BEING SOLD BY MAJOR MANUFACTURERS AND RETAILERS.
W.A.T.C.H. INC.’S 35th ANNUAL “10 WORST TOYS” CONFERENCE
Boston consumer advocates and trial attorneys, Edward M. Swartz, James A. Swartz (1), and Joan E. Siff, on behalf of W.A.T.C.H., Inc., will present W.A.T.C.H.’s annual nominees for its “10 Worst Toys” list at a conference in Boston at The Franciscan Hospital for Children. Dangerous toys continue to abound in toy boxes and on store shelves. The focus for the 2007 conference is the astounding number of defective toys reaching the marketplace as evidenced by the slew of recalls in the last several months. In the nearly twelve month period since W.A.T.C.H.’s last “10 Worst Toy” conference, there have been at least sixty-six (66) toy recalls representing well over twenty-seven million (27,000,000) units of dangerous toys polluting the marketplace. These staggering numbers clearly indicate a broken system that needs fixing before more children are harmed.

ALARMING NUMBER OF TOY RECALLS REVEALS AN INDUSTRY IN NEED OF INTERVENTION

The alarming number of recent toy recalls is evidence of an industry that has put profits before child safety. Many of the recalls issued were the result of lead and small parts violations— both hazards are well known by manufacturers and have no place in children’s products. Yet, toxic toys with excessive lead content accounted for at least thirty (30) toy recalls, representing over five million (5,000,000) units, since W.A.T.C.H.’s 2006 “10 Worst Toys” conference. Lead, which accumulates in a child’s body over time, can cause permanent, irreversible injuries such as growth and behavioral problems, learning disabilities, and death. According to the National Safety Council’s most recent data (2005), there are more than 400,000 children younger than 6 years old with unacceptable levels of lead in their blood. Certainly, children’s playthings should not contribute to this disturbing statistic.

Further evidence of the continuing problem with toy industry standards are the numerous toy recalls due to choking hazards in the last 12 months. Choking is the cause of 44 percent of toy-related deaths. Nevertheless, since W.A.T.C.H.’s last “10 Worst Toys” conference, the CPSC has recalled at least twenty-two (22) toys posing a choking and/or ingestion risk, representing over eight million (8,000,000) defective units marketed and sold. Toys with small parts that could lead to asphyxiation, brain damage or death should never be made available for sale.

INADEQUATE SAFETY PROTOCOLS AND OVERSIGHT

The millions of dangerous toys reaching the marketplace before their hazards are identified highlight the inadequacy of safety protocols. Toy industry self-regulation and voluntary safety standards, which are inadequate and often not adhered to, have failed to produce safe children’s products. Pre-market testing and regulations for toys and other children’s products should be mandatory. Legislation requiring pre-market testing and certification should be passed to ensure our children’s playthings are safe. Adequate protocols do not exist to address known hazards. No testing is required to identify lead in toys despite the millions of individual toys and pieces of children’s jewelry that have been recalled for excessive lead content. In order to effectively police the toy industry, the CPSC clearly needs more resources including financial, personnel, and enforcement capabilities with greater penalties. In another glaring example of a regulatory system gone awry, this month the head of the Consumer Product Safety Commission, Nancy Nord, was exposed for taking dozens of trips paid for by the toy industry and other industries the commission regulates. A regulatory system overhaul is needed to make sure the toy industry is answerable to the legislature, the CPSC, and consumers.

RECALLS – TOO LITTLE, TOO LATE

Dangerous toys should be screened out before being available to consumers. Recalls are reactive, not proactive. Once a recall is issued, its effectiveness is limited. Some toys are recalled because they violate minimal, inadequate safety regulations, while others present hazards not addressed by safety regulations. Unfortunately, many consumers never receive notice of toy recalls and may not know that a dangerous toy sits like a time bomb in their child’s toy box. By the time toys are bought and brought into a child’s home, it is often too late to protect children from hidden hazards. Many parents are concerned about lead exposure their children may have already been subjected to by toys in their homes and schools. The first line of defense for toy safety must be safe design and manufacture. The burden must be on manufacturers and retailers, not consumers, to identify these known hazards before their products enter the channels of commerce. Manufacturers have a responsibility to make safe products for our children.

BUYERS BEWARE—HAZARDOUS TOYS ABOUND ON STORE SHELVES, SERIOUS INJURIES CAN RESULT

While there has been a recent increased focus on Mattel and other companies manufacturing toys with hazards such as lead, dangerous toys are not a new problem. For over three decades, W.A.T.C.H. has identified toys defectively designed or manufactured that could lead to serous injuries or death. Despite these efforts, on toy store shelves today there remain an alarming number of dangerous toys. Many toys can be found with easily detachable small parts or affixed small parts that can be mouthed and occlude a child’s airway. According to the CPSC, in 2005, nine (9) children died when they choked on or aspirated a toy. In addition to the risk of lead exposure and choking, there are many other known hazards that reappear year after year, including strangulation, impact injuries, burns, impalement, puncture wounds, and lacerations. The CPSC reported that in 2005 alone, there were at least twenty (20) toy-related deaths, and an estimated 202,300 toy-related injuries treated in U.S. hospital emergency rooms. Toys and games represent a thirty billion dollar-a-year industry. In the United States alone, over three billion toys are sold each year. Consumers have a right to expect that toys they select for their children be designed with safety as a priority. The toy companies, retailers and government must listen and act when dangerous toys are brought to their attention so that there is not a reoccurrence of the same hazards—and the same injuries—year after year.

The “10 Worst Toys” list is one of the ways W.A.T.C.H. continues the fight to protect our children from unsafe toys.1 Protecting our children will, however, take more than a list of illustrative harmful toys. Safety for our children in the year 2007 and beyond will only occur when preventing injuries caused by unsafe toys becomes a number one priority for the toy industry and the government regulatory agencies.

NOMINEES FOR THE “10 WORST TOYS” LIST ILLUSTRATE HAZARDS

James Swartz then presented W.A.T.C.H.’s nominees for this year’s “10 Worst Toys” list. The list exposes toy hazards seen year after year, despite continued efforts to educate and inform the industry. Swartz stressed that these particular toys are illustrative of some hazards in toys being sold to consumers, and should not be considered as the only hazardous toys on the market. Nominees for the year 2007 are as follows:
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