Media Contacts: Dominic Amenta, Lisa Bell | DPA Communications
dominic@dpacommunications.com lisa@dpacommunications.com
781.789.5074 | 617.304.3836
Speakers: Joan E. Siff, President; James A. Swartz, Director
Date/ Time: Wednesday, November 17, 2021, 10:00 a.m. ET
Location: Franciscan Children’s, Chamberlain Conference Room, 30 Warren Street, Brighton, Mass.
W.A.T.C.H. Reveals Nominees for “10 Worst Toys” for 2021 Holiday Season
48th Annual Report Cautions Parents:
Beware of the Danger of Purchasing Potentially Harmful Toys
(Boston, Mass.—November 17, 2021) World Against Toys Causing Harm, Inc. (W.A.T.C.H.) today revealed its nominees for the “10 Worst Toys of 2021.” Toy safety remains a critical concern during the holiday season with an expected toy shortage due to COVID-19 related supply chain issues. At the 49th annual press conference, W.A.T.C.H. demonstrated why the “Radio Flyer Spin ‘N Saucer,” “Snake Eyes G.I. Joe Origins Ninja Strike Sickles,” “Walmart ‘My Life As’ Shopping Basket,” and other potentially hazardous toys should not be in the hands of children. Although intended for fun and entertainment, many toys contain hidden hazards unnecessarily putting children at risk of harm. W.A.T.C.H. offered practical tips for identifying hazards, so parents and caregivers know what traps to avoid when inspecting toys already in their homes and when buying toys—especially during the upcoming 2021 holiday shopping season.
Consumer advocates Joan E. Siff, President of W.A.T.C.H., and James A. Swartz, Director of W.A.T.C.H., illustrated some of the potential safety hazards recently identified on toy store shelves and online. Among other safety concerns, these traps include toy weaponry with the potential for blunt force impact injuries, plush toys that could lead to infant suffocation, and small parts, such as button batteries, with the potential for choking or chemical burn injuries, a particular worry for young children. In a year when children may be gravitating towards outdoor activities after home-centered social distancing and remote learning mandates, W.A.T.C.H. highlighted toys with wheels, such as “My First Hoverboard” and “Rollers Light-Up Heel Skates,” that could lead to potential head and other impact injuries. Toys like these could be sold without the proper safety gear, marketed with inconsistent safety messages, or provide unrealistic warnings or instructions. Swartz and Siff also provided up-to-date information about toy recalls and stressed the necessity for more stringent oversight of the toy industry. One reason the message today is so urgent: Many toy-related injuries are preventable.
Expected Toy Shortage—Toy Safety Considerations:
With the predicted toy shortage, shoppers may be casting a wider net procuring toys from a variety of sources. W.A.T.C.H. cautions shoppers not to let their guard down. Safety traps can surface whether buying new or gently used toys, and whether you are shopping online, in popular retail stores, or at local yard sales. Families and friends have a right to expect that the toys they buy are safe and rely on manufacturers to make sure their children’s toys are designed with safety as the top priority. Unfortunately, there have been many deaths, disfigurements and disabilities inflicted upon children as a result of poorly designed and tested toys. One child is treated in a U.S. emergency room every three minutes for a toy-related injury.[i] For over four decades, the “10 Worst Toys List” has tackled the issue of dangerous toys in the hope of bringing about change and reducing injuries to children. Nonetheless, dangerous toys remain on store shelves, in catalogues, and on e-tailers’ websites. Shockingly, classic toy dangers, such as small parts, strings, projectiles, toxic substances, rigid materials, and inaccurate warnings and labels, continue to reappear in new generations of toys putting children at risk.
Steps for a Safer Holiday Season and Beyond:
Although there is much families haven’t been able to control during the uncertain times since the onset of COVID-19, continued vigilance and awareness about the types of toy hazards that have been associated with injuries in the past can help kids enjoy a safer holiday season. Beware of toys with deadly track records, recalled toys, and incomplete product information that may mask hazards at the time of purchase.
- Safety Spotlight—The Rise in Popularity of Toys with Wheels During COVID-19: Post-pandemic lockdowns, families and children are looking to outdoor activities to keep kids entertained. Already this year, ‘outdoor and sports toys’, which includes skates, skateboards, and scooters, was the category of toys with the most sales ($2.9 billion).[ii] Wheeled activities will likely continue to play a prominent role in children’s free time as the holidays roll in. One focus of this year’s conference was the potential hazards associated with some wheeled toys, such as ride-ons, skates and hoverboards. A.T.C.H. cautioned toy shoppers to beware of certain wheeled riding toys with the potential for head or other impact injuries. After a year focused on home-based learning and limited social opportunities, many outdoor wheeled toys allow kids to be active while social distancing together. As the use of wheeled toys grew during the pandemic, so did the number of injuries. From March to September 2020, estimated injuries for scooters, skateboards and hoverboards increased significantly by 39% from the previous year.[iii] One wheeled toy, traditional non-motorized scooters, for another year in a row was associated with the most toy-related injuries. [iv] Wheeled toys designed low to the ground may be particularly difficult for motorists to see in driveways and near roads. Some wheeled toys are being marketed without appropriate cautions or protective gear. Others have instructions or warnings that are unrealistic to follow in real life. “My First Hoverboard,” one of this year’s wheeled nominees, is sold to children ages 5+ and cautions, among other warnings and instructions, “Do not ride without proper training and guidance.” The label on the product itself states, in part, that failure to follow instructions “can result in death or serious injury….” The label of another toy, “Radio Flyer Spin ‘N Saucer…,” marketed to children 1 ½ to 5 years old, depicts a young child riding the saucer on a sidewalk, despite warnings to “never” use near “motor vehicles, streets, roadways…[and] sloped driveways….” Warnings and instructions are necessary and important, but this does not mean manufacturers can absolve themselves of responsibility by simply adding a label to a toy. A toys’ marketing and design may encourage contradictory uses. Kids’ play is predictably unpredictable. As such, parents and caregivers should carefully weigh the risk of injuries when selecting toys for children. In some cases, families may decide that certain toys are inherently too dangerous to be used by children in the first place.
- Shop Defensively: In this new world where so much has changed, parents and caregivers still need to remain vigilant when it comes to toy safety. Since there currently is no full-proof safety net in place to prevent dangerous toys from reaching consumers, the message for parents this holiday season is to think defensively when it comes to toy safety. Some hidden hazards and safety traps are difficult to identify by simply examining a toy, knowing how to spot certain safety red flags remains an important tool in keeping kids safe. Awareness about these less obvious dangers can save lives. An influx of counterfeit toys has raised safety concerns, but W.A.T.C.H. cautions toy shoppers not to be lulled into a false sense of security that a toy is safe because it has a familiar brand name on the package or it is available from a well-known retailer or e-tailer.
- What’s in Your Toybox? Whether selecting gently used toys from consumer-to-consumer venues (i.e., eBay, yard sales) or new toys from big-name retailers or popular e-tail sites (i.e., Amazon), the need for continued vigilance remains. Although intended for fun and entertainment, many toys contain hidden hazards unnecessarily putting children at risk of injury or death. A.T.C.H. is alerting parents to be vigilant when it comes to toy safety and regularly examine the toys in their child’s toy box for hidden hazards that may or not be easily detected, such as toys with small parts sold to babies. Consumers may expect there are sufficient checks and balances in place to prevent dangerous toys from reaching store shelves and e-commerce sites, but unfortunately this is not always the case. The reality is many of these unsafe toys end up in children’s homes and schools. Even toys that pass existing safety standards can be dangerous. Toys with small parts that could detach during play or long pieces that could be mouthed and occlude a child’s airway are examples of less obvious hazards. On the 2021 “Worst Toys” list, both the “Learn to Play Drum” and the “Perfectly Cute My Lil’ Baby Feed & Go Set” have parts that could be potential choking hazards for young children. Choking is one of the most significant contributors to toy-related injuries and deaths. [v] The “Squeakee Minis Poppy the Bunny” has a compartment in the rear containing three button cell batteries, which are known to potentially cause severe injuries and death when ingested, due to internal chemical burns. Button batteries are found in many toys and home devices. This past December, an 18-month-old child died after swallowing a button battery from a remote control.[vi] Tragically, there are an estimated 2,500 button battery injuries to children each year, many involving catastrophic consequences.[vii] Last year, children were home more often and battery-related injuries to 5–9-year-olds increased an alarming 93%.[viii]
- Unique Safety Considerations—Online purchases and Gently Used Toys: The expected toy shortage and the busy holiday shopping season may make some consumers wary of encountering long lines, depleted inventory, and higher prices in retail stores. When shopping online or looking to gift gently used toys, some safety considerations may help families and friends make more informed choices. Consumers, who relied heavily on digital platforms for safety reasons during the pandemic, will likely continue online buying habits due to the convenience going into the busiest gift buying time of year. This holiday season, an estimated 62% of consumer spending will be online.[ix] Consumers buying new or gently used toys on the Internet are already at a disadvantage as they are unable to touch and physically inspect a toy and its packaging at the time of sale for more obvious hazards. Whether buying a toy in-person or online, W.A.T.C.H. wants to remind families to thoroughly inspect a toy and its packaging for safety red flags before giving it to a child. Some online product descriptions may omit warnings and cautions or provide incomplete or misleading information. In some cases, limited product information on e-commerce sites can lead to misinformed, and potentially dangerous, consumer toy purchases. Additionally original packaging and other inserts that contain important safety information may not be available with gently used toys, whether bought online, in-person or passed down from a relative. Toy shoppers should also check to make sure toys they buy or own are not recalled. Shoppers may expect that there are checks and balances in place to prevent the online sale of recalled toys, toys already deemed to be unsafe, but unfortunately this is not always the case. Likewise, some consumer-to-consumer “second-hand sales” could provide new opportunities for recalled toys to surface. It’s unacceptable for toys with proven safety defects to reappear and put children at risk. This year’s conference addressed the importance of safe toys reaching the marketplace in the first place, because once an unsafe toy is in the channels of commerce, it can reappear online, at yard sales, or in your neighbor’s toy box.
Year-In-Review:
- Toy-related Injuries & Deaths: According to the latest statistics from the Consumer Product Safety Commission (CPSC), there were an estimated 198,000 toy-related injuries in the U.S. in 2020, and a reported 51 children died from toy-related incidents from 2018 to 2020.[x] Behind each injury and fatality is a child and family whose lives are often permanently affected. Even one injury to one child is too many, particularly when the injury is preventable.
- Recalls: The recurrence of many known hazards in toys recalled is suggestive of a broken system that needs fixing before more children are harmed. In a year when toys available for sale were recalled for a wide range of defects, such as a metal wire in the staff of a shepherd boy plush toy that, if exposed, could lacerate a child, a “Super Soaker” water blaster with lead that is a known toxin, and high-powered magnet balls that, if swallowed, could link together causing intestinal obstructions, perforations, sepsis and death, there is clearly more to be done to protect children.[xi] Many of the toys recalled contain types of hazards, such as choking and lead poisoning risks, that have been well-known to the toy industry for years. In the twelve-months since W.A.T.C.H.’s last Toy Conference, the CPSC announced 14 toy recalls representing more than ten million (10,000,000) units of toys in the U.S. that could lead to serious injuries or death.[xii] While recalls are important safety measures, they are reactive not proactive. Recent CPSC toy recalls highlight the importance of making sure products are safe BEFORE reaching retail outlets. Immediate action is needed when the risk of child injury or death is known, so that more children are not unnecessarily put in harm’s way. At the time of a recall, a toy may already be in the hands of unsuspecting children who are put at risk of suffering serious, even life-threatening injuries. Many consumers never receive notice of toy recalls. Once these toys are on the market, they can reappear in stores, online, at your child’s school, or at a neighbor’s home. Further, it’s important when choosing toys to remember not all unsafe toys are necessarily recalled; enforcement agencies, such as the CPSC, may have limited resources to police such a large industry, existing standards can be inadequate, and regulators often scramble to keep up with emerging technologies. Unfortunately, even toys that are in compliance with current industry or regulatory standards have proven to be hazardous, further demonstrating the inadequacy of existing standards.
First Line of Defense– Safe Design and Manufacturing: The economic ripple effect of COVID-19, including inflated prices, limited product inventory, and fewer options for shoppers, highlights an important toy safety issue: The time to prevent injuries is during the design and manufacturing phase, before a toy is available for sale. Toys are embellishments of life, not necessities, and there is no excuse for manufacturing, importing, and distributing a toy that can kill a child. Many toy-related injuries and deaths could have been prevented with better designed, manufactured, and marketed toys. In a toy industry generating approximately $90 billion dollars in global sales annually[xiii], safety concerns must be a priority, not an afterthought. The difficulty in purging the market of goods that have been recalled shows the burden must be on manufacturers and retailers, not consumers, to identify the known hazards before their products enter the channels of commerce. Recent injuries and recalls highlight the importance of the safety messages W.A.T.C.H. has been promoting for years. Many of the toys recalled in the last year not only put children at risk of serious injury or death but are also evidence of substandard manufacturing practices and inadequate pre-market testing. The best weapon in the fight to prevent injuries to children continues to be preventing unsafe toys from reaching consumers in the first place.
Stricter Government Enforcement: The CPSC needs more tools to oversee a $25 billion U.S. toy industry and the manufacture of safe products for children. [xiv] These tools include increased funding, an expanded workforce, more product testing, stricter safety requirements, broader and better-publicized notification of recalls and hefty fines imposed on manufacturers whose toys are recalled or found to be defective.
Keeping Kids Safe- Advocacy & Awareness: #SHOUTsafety campaign is a call to action emphasizing the importance of sharing safety information to help reduce preventable injuries. Armed with information about what types of defects have been associated with injuries in the past, more consumers can make informed decisions when choosing children’s products. Thanks in part to the efforts of W.A.T.C.H., toy safety has become an active conversation that has led to significant changes in the industry and increased regulations. W.A.T.C.H. works to inform families about toy hazards and to reduce preventable injuries to children. As a result of advocacy, the industry and regulators continue to be held accountable to make safety a priority and millions of toys have been re-designed, recalled, or otherwise identified to consumers. While a step in the right direction, regulations should be a floor, not a ceiling, for toy safety. There is more work to be done to prevent needless and tragic injuries to children as a result of poorly designed and manufactured toys. A key message today is to let consumers know that while there are dangerous toys being sold in retail stores and online, advocacy and awareness this holiday season and year-round can truly save lives.
What can parents and caregivers do to arm themselves against toys that could injure children? For starters, know what classic safety traps to look out for, inspect new and old toys for defects and poor design, learn to identify hidden hazards that re-appear year after year, and do not be lulled into a false sense of security that a toy is safe because of a familiar brand name on a package or due to its availability at a well-known retailer (go to ToySafety.org for more information).
W.A.T.C.H.’S 2021 “10 WORST TOYS” LIST: Consumers can help children enjoy a safer holiday season knowing what traps to avoid when selecting toys. W.A.T.C.H.’s “10 Worst Toys” list, a hands-on tool for consumers, raises awareness of the different types of potential hazards to avoid while toy shopping. The particular toys on the “10 Worst Toys” list are illustrative of some hazards in toys being sold to consumers and should not be considered as the only potentially hazardous toys on the market.
W.A.T.C.H., Inc., a 501(c)(3) non-profit organization, works to educate the public about child safety. W.A.T.C.H. helps raise awareness about the dangers hidden in many toys, children’s products, and recreational activities. Noted trial attorneys, authors and consumer advocates, Edward Swartz (1934-2010), James Swartz, Joan Siff and W.A.T.C.H. have been responsible for the “10 WORST TOYS” nominees released for over 49 years as well as a Summer Safety Report addressing summer hazards for children. For more information on W.A.T.C.H. and the press conference, please visit www.toysafety.org or follow us @WATCHsafety on Twitter and Facebook.
Joan E. Siff, President of W.A.T.C.H. & Board Member, Franciscan Children’s.
James A. Swartz, Director of W.A.T.C.H., noted trial attorney, author, and consumer advocate.
MORE ABOUT THE AUTHORS:
Joan E. Siff, President of W.A.T.C.H., began presenting the “Ten Worst Toys” list with the organizations founder, Attorney Edward M. Swartz (1934-2010), on behalf of W.A.T.C.H. in 1991. She earned her J.D. and MS in Mass Communication from Boston University. After serving as an Assistant District Attorney in the Commonwealth of Massachusetts, Norfolk County, Ms. Siff practiced product liability litigation. Ms. Siff is admitted to the bars in Massachusetts, New York, and the District of Columbia. Ms. Siff is the author of “Toy Regulation Still Lagging in Protecting Children,” published in the Leader’s Product Liability, Law and Strategy. She has given numerous lectures on behalf of W.A.T.C.H. to increase awareness about unsafe children’s products. Joan Siff has appeared on DailyMailTV, Megyn Kelly Today, Fox and Friends, Fox News Live, LawLive (FATV), CNN Radio Atlanta, NECN, The Michael Smerconish Morning Drive Radio Program (Philadelphia). Having served on several non-profit boards relating to children’s causes, she is currently a Board Member of Franciscan Children’s.
James A. Swartz, Director of W.A.T.C.H., is a nationally known trial attorney and consumer advocate. His law practice at Swartz & Swartz includes many well-known cases involving product liability injuries. Attorney Swartz has authored book chapters relating to child and product safety, including “Hazardous Playthings Causing Injury to Children,” (Children and Injuries, Lawyers & Judges Pub. Co., Inc.) and “The Common Law in the New Millennium- Protecting Our Children,” (Civil Trial Practice-Winning Techniques of Successful Trial Attorneys, Lawyers & Judges Pub. Co., Inc.), as well as numerous articles. Mr. Swartz earned his J.D. at Georgetown University Law Center. He is a member of Trial Lawyers for Public Justice, serving as Massachusetts State Coordinator; The Massachusetts Bar Association; The Massachusetts Academy of Trial Attorneys; The American Bar Association; and The Boston Bar Association, among many other associations. James Swartz has appeared on many national television programs including The Doctors, “Take It Personally” on CNN, “Newsfront” on MSNBC, “Legal Cafe” on Court TV, “Crook and Chase” on the Nashville Network (TNN), interview on Bloomberg Business News television network, and in news reports on CNN, and other national news networks.
[i] www.nationwidechildrens.org
[ii] U.S. Toy Industry Sale + 19% During the First Half of 2021 (NPD, August 2021)
[iii] Effect of Novel Coronavirus Pandemic on Preliminary NEISS Estimates (CPSC, January 2021)
[iv] Toy Related Deaths and Injuries for 2020 (CPSC, July 2021)
[v] Toy Related Deaths and Injuries for 2020 (CPSC, July 2021)
[vi] https://www.today.com/parents/mom-advocates-safer-button-batteries-after-daughter-s-death-t210198
[vii] https://publications.aap.org/aapnews/news/13674
[viii] Effect of Novel Coronavirus Pandemic on Preliminary NEISS Estimates (CPSC, January 2021)
[ix] 2021 Deloitte Holiday Retail Survey
[x] Toy Related Deaths and Injuries for 2020 (CPSC, July 2021)