Contact: Dominic Amenta | DPA Communications
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W.A.T.C.H. REVEALS ITS 51st ANNUAL 2023 NOMINEES FOR THE “10 WORST TOYS” THIS HOLIDAY SEASON
51st Annual Report Cautions Parents: Beware of the Danger of Purchasing Potentially Harmful Toys – One Child is Treated In U.S. Emergency Rooms Every Three Minutes For A Toy-Related Injury
(Boston, Mass.— Nov. 15, 2023) World Against Toys Causing Harm, Inc. (W.A.T.C.H.) today revealed its 51st Annual Nominees for the “10 Worst Toys” of 2023. Toy safety remains a critical concern during this holiday season, the time of year when the most toys are sold, as evidenced by recent recalls, injuries, and the wide range of potential hazards found in toys available for purchase this year. At the annual toy press conference, W.A.T.C.H. demonstrated why “Disney The Little Mermaid King Triton’s All-Powerful Trident,” “Orbeez Seeds-Rainbow,” “Splatt-R-Ball Dude Perfect Blaster,” 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. stressed the urgency of stopping unsafe toys from polluting the market by making safety the top priority in the design, manufacture, and marketing of children’s playthings. At the conference, W.A.T.C.H. traced the history of the Calico Critters Animal Figures and Sets sold with Bottle and Pacifier Accessories, which were recalled this year only after two children died, [i] as an example of how delays in taking action to remove hazardous toys from the market can compound the risk of potentially life-threatening consequences to children.
The Nominees for the “10 Worst Toys” List are representative of some of the many different types of potential toy hazards that families, caregivers, and educators can avoid to safeguard children year-round. 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 purchasing toys during the upcoming 2023 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 and eye injuries, plush pillow toys that could potentially lead to infant suffocation, and water beads, such as Orbeez Seeds- Rainbow on W.A.T.C.H.’s list, that could expand when swallowed potentially leading to choking or ingestion injuries. Swartz and Siff also discussed toys sold with unrealistic warnings and instructions and up-to-date information about toy recalls. One reason the message today is so urgent: Many toy-related injuries are preventable. The full list of Nominees for the “10 Worst Toys” of 2023 includes:
- Disney The Little Mermaid King Triton’s All-Powerful Trident: Potential For Blunt Force and Eye Injuries!
- Original Squishmallows-Raisy: Potential For Suffocation!
- Soccer Boppers: Potential For Blunt Force and Impact Injuries!
- Diecast Fast-Food Truck: Potential For Choking Injuries!
- Our Generation Hop In Dog Carrier: Potential For Choking Injuries!
- Orbeez Seeds- Rainbow: Potential For Choking and Ingestion Injuries!
- Splat-R-Ball Dude Perfect Blaster: Potential For Eye Injuries!
- B Toys Make A Melody Musical Instrument Set: Potential Ingestion and Choking Injuries!
- Zoom- O Turbo Disc Launcher: Potential For Face and Eye Injuries!
- Carve Pro Stunt Scooter: Potential For Head and Other Impact Injuries!
Advocacy – The Fight for Safe Toys Continues
W.A.T.C.H. works to inform families about toy hazards and to reduce preventable injuries to children. Advocacy and raising awareness about toy safety is one way to try to identify potential hazards before more children are injured. Several years ago, on its 2020 Nominees for the “10 Worst Toys” List, W.A.T.C.H. identified the potential safety risks associated with Calico Critters Nursery Friends, with parts, such as a pacifier, that could be potential choking hazards for young children. At that time, James Swartz stated “There is more work to be done if even one child is at risk from being seriously injured or killed from a defective toy because many of these tragedies are preventable.” In March of this year, a recall was announced for another Calico Critter toy, the Calico Critters Animal Figures and Sets sold with Bottle and Pacifier Accessories, due to a similar small part choking hazard after two children were killed. The chronology of events and inaction leading up to the recent Calico Critters recall is a glaring example of the inadequacy of the safety nets that are supposed to be in place to protect children from dangerous toys.
Chronology of a Tragedy – Calico Critters Animal Figures and Sets
Calico Critter Animal Figures and Sets
Sold with Bottle and Pacifier Accessories[ii]
| 2015 | Death of a 9-month-old child |
| 2018 | Death of a 2-year-old child |
| 2023 | Recall- Issued years after the first reported death |
The Calico Critters Animal Figures and Sets recall is a reminder this holiday season of how an innocent-looking toy can be so dangerous. In 2015, a 9-month-old baby died after choking on the Calico Critter’s pacifier accessory. The toy remained on the market. In 2018, another child died after choking on the pacifier from the Calico Critters Animal Figures. Once again, immediately following this tragedy, there was no notice to consumers from the manufacturer and no recall was issued. In March of 2023, years after the first child’s death, Calico Critters Animal Figures and Sets were recalled because the bottle and pacifier accessories posed a choking hazard to children. The recall noted that the importer, Epoch Everlasting Play LLC, was aware of two deaths relating to oral-age children who died in incidents involving the pacifier accessory.[iii] At the time of the recall, 3.2 million units of the toy were on the market, many likely already in the toy boxes of children. Delays in the timely reporting of injuries (in this case two deaths) and in issuing toy recalls increase the risk that more children will be harmed. The absence of immediate action by the toy company to rid the market of this unsafe toy after children died illustrates a failure on the part of the toy industry and current toy safety protocols to protect children. The Calico Critters recall highlights the importance of premarket screening, the danger children are in when toy companies don’t pay attention to known hazards, and the need to be proactive when it comes to protecting children from harm:
- First Line of Defense – Safe Design, Manufacturing & Marketing: The recalled Calico Critters Animal Figures and Sets, as well as other toys with the potential to kill or maim children, should never reach toy store shelves in the first place. Toy safety begins with the manufacturer designing toys properly and better premarket testing. Once potentially unsafe toys are available for sale, they can find their way into the unsuspecting hands of children. Parents and caregivers have the right to demand that manufacturers and retailers, who are in the best position to know the hazards associated with their products, take all feasible steps to safeguard children, the youngest consumers. The burden should not be on parents and other toy shoppers to identify hidden hazards at the time of purchase. Toys are embellishments of life, not necessities, and there is no excuse for manufacturing, importing, and distributing a toy that can injure or kill a child. In a toy industry generating approximately $107 billion dollars in global revenues annually,[iv] “safety concerns must be a priority, not an afterthought,” Joan Siff stated.
- No Excuse: Repeat Offenders: The small part choking hazard that led to the recall of the Calico Critters Animal Figures is one example of a safety issue that has been well-known to the toy industry for years. Nonetheless, despite W.A.T.C.H.’s continued efforts, 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. James Swartz warns, “Toy companies are not learning old lessons and children’s lives are at stake.”
The Calico Critter’s recall was announced years after the first reported death. Between the first reported death and the recall, another child lost their life. Immediate action is required when it comes to protecting children from unsafe toys.
Toy-related Injuries & Deaths
Toys, primarily intended for providing entertainment for children, should not be on the list of parents’ safety concerns. Unfortunately, year after year, and this year is no exception, unsafe toys continue to put children at risk of injury and death. One child is treated in a U.S. emergency room every three minutes for a toy-related injury.[v] According to the latest statistics from the Consumer Product Safety Commission (CPSC), the U.S. regulatory agency charged with the oversight of toys and other products, there were an estimated 206,400 toy-related injuries in the U.S. in 2021, and a reported 30 children died from toy-related incidents from 2019 to 2021.[vi] Behind each injury and fatality is a child and family whose lives are permanently affected.
Hidden Hazards
W.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 young children. On the 2023 Nominees for the “Worst Toys” List, both the “Diecast Fast-Food Truck” and the “Our Generation Hop In Dog Carrier” 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. [vii] Toys with small parts that could detach during play or long pieces that could be mouthed and occlude a child’s airway, such as the “B Toys Make A Melody Musical Instrument Set” on W.A.T.C.H.’s list, are examples of less obvious hazards.
Recalls
While recalls are important safety measures, they are reactive, not proactive. Recalls can occur after a toy is already in the hands of unsuspecting children leading to serious, even life-threatening injuries. This year, toys available for sale were recalled for a wide range of defects, such as plush toy monkeys with eyes that could detach and choke a young child, bath toys that could impale or lacerate a child, toy fishing rods with lead that is a known toxin, and toy trucks with magnets that, if swallowed, could be a choking or magnet ingestion hazard (small powerful magnets, if ingested, have been known to link together causing intestinal obstructions, perforations, blood poisoning, and death).[viii] Many of the toys recalled contain hazards, such as choking and lead poisoning risks, that have been linked to injuries in the past. Injuries and deaths associated with recent recalls highlight the importance of the safety messages W.A.T.C.H. has been promoting for years. In the 12-month period since W.A.T.C.H.’s 2022 Toy Conference, the CPSC announced 18 toy recalls representing more than eight million six hundred thousand (8,638,100) units of toys in the U.S. that could lead to serious injuries or death.[ix] “The recurrence of many known hazards in toys that have been recalled is suggestive of a broken system that needs fixing before more children are harmed,” said James Swartz. Unfortunately, the Calico Critter toy, recalled only after children were killed, is not a unique story. There are numerous examples of toys associated with injuries and deaths which demonstrate that immediate change is needed to protect children from defective toys. In the last few months alone, there have been recalls of children’s recreational products and toys after children died.
| TOY/ CHILDREN’S RECREATIONAL PRODUCT[x] | RECENT DEATHS | HAZARD | RECALL | UNITS RECALLED
in the U.S. |
| Slime Licker Sour Rolling Liquid Candy & Cocco Candy and KGR Distribution | 7-year-old girl who choked and died (Cocco’s Candy)(4/2023) | Choking Hazard (The candy’s rolling ball can detach) | 10-5-2023 | 70 million & 145,800 |
| Chuckle & Roar Ultimate Water Beads Activity Kits | 10-month-old child’s death from swallowing water beads (7/2023) | Ingestion, choking and intestinal obstruction | 9-14-2023 | 52,000 |
The difficulty in purging the market of goods that have been recalled shows that, while recalls are necessary, they are not a cure-all. Once these toys are on the market, they can resurface 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. 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.
Orbeez and Other Water Beads
At the conference, W.A.T.C.H. spotlighted the issue of water beads. Recent catastrophic consequences, including bowel obstruction and death, reported after children ingested water beads, underscores the importance of promoting awareness and protecting children from this potentially deadly hazard. These small, colorful beads may be an attractive lure for young children who have a propensity for putting small objects in their mouths. The innocent-looking beads when wet can grow to 100x their size.[xi] Since 2017, there have been an estimated 4,500 emergency room visits relating to water beads.[xii] In September, “Chuckle and Roar Ultimate Water Beads Activity Kits” were recalled nationwide after reports of two children swallowing the beads: a 10-month-old infant died, and a 9-month-old infant was seriously injured, requiring surgery to remove the beads. 52,000 of these toys were sold. The “Orbeez Seeds–Rainbow” toy on W.A.T.C.H.’s list is sold to children with “growing” instructions and has the potential for choking and ingestion injuries. The government has already urged the removal of water bead products from “any environment” with small children and has urged schools, camps, and childcare facilities to “avoid these products entirely.”
Stricter Government Enforcement
Consumers may expect there are sufficient checks and balances in place to prevent dangerous toys from reaching store shelves and e-commerce sites, but this is not always the case. There have been many child deaths, disfigurements, and disabilities as a result of poorly designed and tested toys, emphasizing the need for more stringent regulation of the toy industry. Thanks in part to the efforts of W.A.T.C.H., toy safety has become an active conversation that has helped reduce preventable injuries, resulted in significant changes in the industry, and led to increased regulations. Joan Siff said, “While a step in the right direction, regulations should be a floor, not a ceiling, for toy safety.” 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. More tools are needed to oversee a $29 billion United States toy industry[xiii] and ensure the manufacture of safe products for children. The CPSC should be granted the authority to act independently from manufacturers to warn consumers immediately when there is a toy with an identified hazard or a record of harming children. Additionally, the CPSC needs 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. Notably, some children’s products, although marketed to entertain children, may not be categorized as “toys” by the government. James Swartz said, “The government needs to do more to close loopholes regarding classification of such playthings, which might not be subject to certain toy-related standards, for instance if classified as ‘food’.”
Steps For A Safer Holiday Season And Beyond
For over five 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. 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. Nonetheless, dangerous toys remain on store shelves, in catalogs, and on e-tailers’ websites. This holiday season, Joan Siff cautions that “shoppers should not let their guard down– the message for parents is to think defensively when it comes to toy safety.” Since there currently is no foolproof safety net in place to prevent dangerous toys from reaching consumers, 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. For starters, know what classic safety traps to look out for in new and old toys, learn to identify hidden hazards that reappear year after year, and beware of incomplete product information that may mask hazards at the time of purchase. W.A.T.C.H. warns families not to have a false sense of security that a toy is safe simply because it was purchased from a well-known retailer or has a familiar brand name. Ordering online is a convenient way to avoid holiday crowds, but shoppers face the disadvantage of not being able to physically examine the toy at the time of purchase. 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. As parents and caregivers, we want to believe that all toys that reach retail shelves and e-tailers websites are safe – that they have been properly designed, tested, and marketed. Unfortunately, this is not always the case. 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. (go to ToySafety.org for more information)
W.A.T.C.H.’S 2023 NOMINEES FOR THE “10 WORST TOYS” LIST: Consumers can help children enjoy a safer holiday season by knowing what traps to avoid when selecting toys. W.A.T.C.H.’s Nominees for the “10 Worst Toys” List, a hands-on tool for consumers, raises awareness of the different types of potential hazards to avoid year-round while toy shopping or inspecting toys already in the home. The particular toys on the “10 Worst Toys” list are illustrative of some potential hazards in toys being sold to consumers and should not be considered the only potentially hazardous toys on the market.
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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 the past 51 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.
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[i] https://www.cpsc.gov/Recalls/2023/Epoch-Everlasting-Play-Recalls-All-Calico-Critters-Animal-Figures-and-Sets-Sold-with-Bottle-and-Pacifier-Accessories-More-than-3-2-Million-Due-to-Choking-Hazard-Two-Deaths-Reported
[ii] https://www.cpsc.gov/Recalls/2023/Epoch-Everlasting-Play-Recalls-All-Calico-Critters-Animal-Figures-and-Sets-Sold-with-Bottle-and-Pacifier-Accessories-More-than-3-2-Million-Due-to-Choking-Hazard-Two-Deaths-Reported
[iii] https://www.cpsc.gov/Recalls/2023/Epoch-Everlasting-Play-Recalls-All-Calico-Critters-Animal-Figures-and-Sets-Sold-with-Bottle-and-Pacifier-Accessories-More-than-3-2-Million-Due-to-Choking-Hazard-Two-Deaths-Reported
[iv] https://www.statista.com/statistics/194395/revenue-of-the-global-toy-market-since-2007/#:~:text=Total%20revenue%20of%20the%20world,compared%20to%20the%20previous%20year
[v] www.nationwidechildrens.org
[vi] https://www.cpsc.gov/content/Toy-Related-Deaths-and-Injuries-Calendar-Year-2021
[vii] T https://www.cpsc.gov/content/Toy-Related-Deaths-and-Injuries-Calendar-Year-2021
[viii] https://www.cpsc.gov/Recalls
[ix] https://www.cpsc.gov/content/Toy-Related-Deaths-and-Injuries-Calendar-Year-2021
[x]https://www.cpsc.gov/Recalls?tabset=on&field_rc_hazards_target_id=All&field_rc_recall_by_product_target_id=208
[xi] https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Water-Beads-Information-Center
[xii] https://www.consumerreports.org/babies-kids/toys/water-beads-pose-a-serious-safety-risk-to-children-a6431187819/
[xiii] https://www.toyassociation.org/PressRoom2/News/2023_News/npd-us-toy-industry-sales-flat-in-2022.aspx
[i] https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_CPSA6bFactSheet.pdf
[ii] www.nationwidechildrens.org
[iii] Toy Related Deaths and Injuries for 2020 (CPSC, July 2021)
[iv] https://www.statista.com/topics/1108/toy-industry/