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CPSC News

As part of its commitment to protecting the safety of children, the U.S. Consumer Product Safety Commission (CPSC) has announced that Mattel Inc., of El Segundo, Calif., and its wholly owned subsidiary, Fisher-Price Inc., of East Aurora, N.Y., have agreed to pay a $2.3 million civil penalty for violating the federal lead paint ban.

The penalty settlement, which has been provisionally accepted by the commission, resolves CPSC staff allegations that Mattel and Fisher-Price knowingly (as defined in the Consumer Product Safety Act) imported and sold children's toys with paints or other surface coatings that contained lead levels that violated a 30-year-old federal law. In 1978, a federal ban was put in place that prohibited toys and other children's articles from having more than 0.06 percent lead (by weight) in paints or surface coatings. In 2007, about 95 Mattel and Fisher-Price toy models were determined to have exceeded this limit. Lead can be toxic if ingested by young children and can cause adverse health consequences.

This civil penalty, which is the highest for violations involving importation or distribution in commerce of a regulated product and is the third highest of any kind in CPSC history, settles the following allegations:

Mattel imported up to 900,000 non-compliant toys between September 2006 and August 2007, including the "Sarge" toy car and numerous Barbie accessory toys, and distributed most of them to its retail customers for sale to U.S. consumers. The "Sarge" car was recalled in August 2007 and the Barbie toys were recalled in September 2007.

Fisher-Price imported up to 1.1 million non-compliant toys between July 2006 and August 2007, including certain licensed character toys and the Bongo Band, GEOTRAX locomotive and Go Diego Go Rescue Boat toys. Most of these toys were distributed to retail stores for sale to consumers. The licensed character toys were recalled in August 2007, the Bongo Band and GEO TRAX toys were recalled in September 2007 and the Go Diego Go Boat toys were recalled in October 2007.

"These highly publicized toy recalls helped spur Congressional action last year to strengthen CPSC and make even stricter the ban on lead paint on toys," says CPSC Acting Chairman Thomas Moore. "This penalty should serve notice to toy makers that CPSC is committed to the safety of children, to reducing their exposure to lead, and to the implementation of the Consumer Product Safety Improvement Act."

This settlement also resolves other potential matters. In agreeing to the settlement, Mattel and Fisher-Price deny that they knowingly violated federal law, as alleged by CPSC staff. (6-09-09)

With Memorial Day weekend approaching and pools across the country opening, a new report released by the U.S. Consumer Product Safety Commission (CPSC) provides updated figures on child drowning deaths and injuries in pools and spas. CPSC's latest data reveals that nearly 300 children younger than 5 drown in pools and spas each year, and about 3,000 suffer pool or spa-related injuries requiring attention at hospital emergency rooms.

About two-thirds of the pool and spa-related deaths and injuries involve children ages 1 to 2, with about 80 percent of the drowning fatalities occurring in residential settings, such as the victim's home, a family or friend's house or at a neighbor's residence.

New data from CPSC also shows that from 1999 through 2008, there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14 percent of the reported suction/entrapment incidents at pools or spas were fatal.

At a press conference on Capitol Hill, CPSC Acting Chairman Nancy Nord joined Minnesota Senator Amy Klobuchar, Florida Congresswoman Debbie Wasserman Schultz, Safe Kids USA, and Scott Taylor (the father of Abigail Taylor, who suffered fatal injuries from an evisceration incident in a wading pool), to encourage parents, caregivers and pool owners to make safety a top priority as the summer swim season officially opens.

"Preventing child drownings is a key part of CPSC's mission. I call upon all parents, caregivers and pool and spa operators to ensure that fencing and other layers of protection are in place; that there is constant supervision of children in and around the water; and that new, safer drain covers that prevent entrapment incidents are installed," says Acting Chairman Nord.

"I want to thank the Congress for providing CPSC with funds this year to implement the Virginia Graeme Baker Pool and Spa Safety Act. This is an important child safety law and CPSC will use the new funds to increase compliance with the law, educate on pool and spa safety measures, implement the state grant program, partner with state and local government on enforcement, and make pools and spas even safer," adds Nord.

The Pool and Spa Safety Act (P&SSAct) went into effect on December 19, 2008, and requires all public pools and spas to have anti-entrapment drain covers, and in certain circumstances, an additional anti-entrapment system. CPSC has prioritized public wading pools, kiddie pools and in-ground spas as the key areas of focus for enforcement and has called upon state departments of health to assist the agency in enforcing the law.

CPSC is also announcing the launch of a new Web site – www.PoolSafety.gov -- which serves as a valuable source for information about the P&SSAct and drowning prevention. The new site provides information for the general public, the swimming pool and spa community, state and local officials and the media.

Drowning occurs more commonly when children get access to the pool during a short lapse in adult supervision. To reduce the risk of drowning, pool owners should adopt several layers of protection, including physical barriers, such as a fence completely surrounding the pool with self-closing, self-latching gates to prevent unsupervised access by young children. If the house forms a side of the barrier, use alarms on doors leading to the pool area and/or a power safety cover over the pool. In addition, reports of children exiting the house via a pet door have been on the rise. (5-21-09)

The U.S. Consumer Product Safety Commission (CPSC) has announced that Mega Brands America Inc., of Livingston, N.J., formerly Rose Art Industries Inc., has agreed to pay a $1.1 million civil penalty. The penalty, which the commission has provisionally accepted, settles allegations that Mega Brands America and Rose Art failed to provide the government with timely information about dangers to children with Magnetix magnetic building sets, as required under federal law.

In December of 2005, Rose Art filed an initial report with CPSC that a 22-month-old child from Washington state had died, due to ingesting multiple magnets that fell out of pieces from a Magnetix set. The report contained no other product or incident information and Rose Art attributed the magnets falling out to unusually abusive play by the toddler's older siblings. On February 1, 2006, Rose Art submitted a Full Report, which again lacked incident and product information. Rose Art stated that it did not retain any complaint or incident records. On March 31, 2006, Rose Art voluntarily recalled nearly four million Magnetix sets for users under the age of 6.

After discovering documents that led CPSC staff to believe Rose Art had compiled incident information, a subpoena was issued to the firm (which had been renamed Mega Brands America and was under new ownership and control) to obtain product and incident information. CPSC learned through the subpoena that at the time Rose Art filed its initial report in December 2005, it had received over 1,100 consumer complaints that magnets had fallen out of plastic pieces from dozens of different Magnetix models. Additionally, the subpoena revealed that Rose Art had received at least one report of an injury due to magnet ingestion, prior to the toddler's death in Washington state.

By the time Rose Art agreed to the recall of Magnetix in March 2006, the firm had received more than 1,500 complaints of magnets falling out of plastic pieces in more than 65 different models of Magnetix. In April 2007, Mega Brands America expanded the recall of Magnetix sets for users of any age, after more than 25 children suffered intestinal injuries that required surgery to remove the magnets.

Federal law requires firms to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect that could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or violates any consumer product safety rule, or any other rule, regulation, standard or ban enforced by CPSC.

In agreeing to settle this matter, Mega Brands America and its parent, Mega Brands Inc., of Montreal, Canada, contend that 1) Mega Brands Inc. did not know of the Magnetix defect at the time it acquired Rose Art and 2) Rose Art's prior owners never advised Mega Brands Inc. of the problems associated with Magnetix.

CPSC strongly encourages consumers to check to see if they have any of the recalled building sets and return them to Mega Brands for a free replacement toy – potentially millions of recalled units remain in homes today and accessible to young children. (4-17-09)

The U.S. Consumer Product Safety Commission (CPSC) announced that 14 firms have agreed to pay a total of $1,055,000 in civil penalties. The penalties settle allegations that the firms knowingly failed to report to the CPSC immediately, as required by federal law, that children's hooded sweatshirts or jackets they sold had drawstrings at the hood and/or neck. Children's upper outerwear with drawstrings, including sweatshirts or jackets, pose a strangulation hazard that can cause death to children.

The garments were eventually recalled as appropriate. The settlements have been provisionally accepted by the commission. CPSC has ordered the following firms to pay civil penalties to the U.S. Treasury:

The TJX Companies Inc., d/b/a T.J. Maxx, of Framingham, Mass.
Recalls: #09-083, #08-266, #08-121

Marshalls of MA Inc., of Framingham, Mass.
Recalls: #08-357, #08-356, #08-207, #08-192, #08-177, #08-146, #08-121

Concord Buying Group Inc., d/b/a A.J. Wright, of Framingham, Mass.
Recalls: #08-358, #08-234, #08-121

Bob's Stores Corp., of Meriden, Conn.
Recalls: #08-288, #08-121

Kidz World Inc., d/b/a High Energy USA, of New York City, N.Y.
Recall: #08-234

The Bon-Ton Stores Inc., of York, Pa.
Recall: #08-103

Coolibar Inc., of St. Louis Park, Minn.
Recall: #08-316

Brents-Riordan Co. LLC, of Shreveport, La.
Recall: #08-238

Forman Mills Inc., of Pennsauken, N.J.
Recall: #08-192

Urgent Gear Inc., of Los Angeles, Calif.
Recall: #08-217

Seventy Two Inc., of La Puenta, Calif.
Recall: #08-185

Orioxi International Corp., of Brea, Calif.
Recall: #08-379

Outfitter Trading Co. LLC, of Littleton, Colo.
Recall: #08-379

Retco Inc., of Breckenridge, Colo.
Recall: #08-379

In February 1996, CPSC issued drawstring guidelines to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, CPSC's Office of Compliance announced that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.

Federal law requires manufacturers, distributors and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect that could create a substantial product hazard, presents an unreasonable risk of serious injury or death or violates any consumer product safety rule or any other rule, regulation, standard or ban enforced by the CPSC.

In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law. (4-08-09)

The U.S. Consumer Product Safety Commission (CPSC) and various home heating furnace, boiler and high-temperature plastic vent pipe (HTPV) manufacturers are urging home owners who have not yet responded to the previously-announced 1998 recall to do so immediately. After May 1, 2009, the remedy consumers receive will change.

The recall originally included about 250,000 Plexvent and Ultravent HTPV pipe systems attached to gas or propane mid-efficiency furnaces and boilers in homes. The HTPV pipes can crack or separate at the joints and leak deadly carbon monoxide (CO) gas. After checking the vent pipes, consumers should call (800) 758-3688 between 8 a.m. and 7 p.m. ET Monday through Friday to sign up for HTPV pipe system replacement. (4-02-09)

Each year, unintentional poisonings from consumer products commonly found in the home kill about 30 children and prompt more than 2 million calls to the nation's poison control centers. More than 90 percent of these calls involve poisonings in the home. On average, each year an estimated 80,000 children are treated in hospital emergency departments for unintentional poisonings.

This year's 48th observance of National Poison Prevention Week, which is March 15-21, aims to help prevent those childhood poisonings. As one of the longest running public health campaigns, National Poison Prevention Week has contributed to the more than 80 percent reduction in the number of deaths related to poisonings (down from 216 in 1972). While there has been a significant decrease in deaths, studies show that unintentional child poisonings still remain a serious concern.

Children younger than age 5 account for the majority of the non-fatal poisonings. A recent review conducted by U.S. Consumer Product Safety Commission staff found that 70 percent of poisonings involve children 1 to 2 years of age. Oral prescription drugs, non prescription drugs and supplements were involved in more than half of the incidents.

"Awareness and action are the keys to preventing unintentional poisonings," says CPSC Acting Chairman Nancy Nord. "Children act fast. So do poisons. That's why we urge parents, grandparents and caregivers to have layers of poison prevention protection in the home."

CPSC recommends that parents and caregivers immediately take these three steps. First, keep medicines and household chemicals in their original, child-resistant containers. Second, store the potentially hazardous substances up and out of a child's sight and reach. And lastly, keep the National toll-free poison control center telephone number, 800-222-1222, handy in case of a poison emergency.

Additional poison prevention tips to check during National Poison Prevention Week:

When hazardous products are in use, never let young children out of your sight, even if you must take them along when answering the phone or doorbell.

Keep items closed and in their original containers.

Leave the original labels on all products, and read the label before using.

Always leave the light on when giving or taking medicine so that you can see what you are taking. Check the dosage every time.

Avoid taking medicine in front of children. Refer to medicine as "medicine," not "candy."

Clean out the medicine cabinet periodically and safely dispose of unneeded and outdated medicines.

Do not put decorative lamps and candles that contain lamp oil where children can reach them. Lamp oil can be very toxic if ingested by young children.

(3-19-09)

Starting on February 10, 2009, children's toys and child care articles cannot contain more that 0.1 percent of six phthalates (DEHP, DBP, BBP, DINP, DIDP and DnOPA) regardless of when they were manufactured. The CPSC will abide by a court decision issued on February 5, 2009, ruling that the prohibition on phthalates in the Consumer Product Safety Improvement Act of 2008 applies to products in inventory. Phthalates are a group of chemicals (oily, colorless liquids) that are used among other things to make vinyl and other plastics soft and flexible.

A "children's toy" is defined in the statute as a product intended for a child 12 years of age or younger for use when playing. The commission has previously stated that it will follow the definition of toy in the mandatory toy standard, which exempts such things as bikes, playground equipment, musical instruments and sporting goods (except for their toy counterparts).

The statute also prohibits phthalates over the limit in "child care articles," which include products that a child 3 and younger would use for sleeping, feeding, sucking or teething. By way of example, a pacifier/teether would be an item that would help a child with sucking or teething; a sippy cup would facilitate feeding; and a crib mattress would facilitate sleeping.

Companies must meet their reporting obligation under federal law and immediately tell the commission if they learn of a children's toy or child care article that exceeds the new phthalates limits starting on February 10, 2009. Companies also should know that the CPSIA generally prohibits the export for sale of children's products that exceed the new phthalates limits.

The agency will be issuing further guidance information next week. (2-13-09)

The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one-year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

Significant to makers of children's products, the vote by the Commission provides limited relief from the testing and certification requirements, which go into effect on February 10, 2009, for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm) and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children's products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

The decision by the Commission gives the staff more time to finalize four proposed rules, which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

The stay does not apply to:

• four requirements for third-party testing and certification of certain children's products subject to
• the ban on lead in paint and other surface coatings effective for products made after December 21, 2008
• the standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009
• the ban on small parts effective for products made after February 15, 2009
• the limits on lead content of metal components of children's jewelry effective for products made after March 23, 2009
• certification requirements applicable to ATV's manufactured after April 13, 2009
• pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses and swimming pool slides
• pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

The stay of enforcement provides some temporary, limited relief to the crafters, children's garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our Web site.

The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products. (2-02-09)

According to the U.S. Fire Administration (USFA), there have been more than 150 residential fires that resulted in more than 200 deaths since Thanksgiving. These statistics have led the USFA and fire chiefs to declare the holiday season and start of the new year as one of the deadliest in recent memory.

As families look for ways to save money in these tough economic times, the concern over additional fire deaths and carbon monoxide poisonings from alternative heating sources is heightened. The U.S. Consumer Product Safety Commission (CPSC) is urging consumers to keep safety in mind when it comes to heating their homes this winter.

Home heating equipment is among the top causes of fires and CO poisonings. From 2003 through 2005, there was an annual average of 57,300 fires and 270 fire deaths associated with portable heaters, central heating systems and fireplaces and chimneys. There were also 68 deaths, on average, from carbon monoxide poisoning each year associated with these products.

CPSC urges consumers to:

• Schedule a professional inspection each year of all fuel-burning home heating systems, including furnaces, boilers, fireplaces, wood stoves, water heaters, chimneys, flues and vents.
• Take precautions when using space heaters, fireplaces or other heating sources to help stay warm this winter.
• Install smoke alarms and carbon monoxide (CO) alarms in the home and check that the batteries are fresh and working.

The year 2009 is just weeks old, yet there have already been dozens of deaths from fires in the home. Reports of residential fire deaths in January include:

• Eight people died including a mother, her boyfriend and her four sons age 6 months to 10 years old, in their Richland, N.Y., home. There were no smoke alarms in the home.
• A woman was killed in her Detroit home by a fire believed to have been caused by a space heater that was too close to a chair.
• Three people, including 13- and 15-year-old sisters and their older male relative, died in their Oklahoma home. Space heaters and an electric stove were being used for heat.

CPSC urges consumers to follow these home heating safety tips:

Space Heaters

• Place space heaters on a level, hard and nonflammable surface (such as a ceramic tile floor), not on rugs or carpets or near bedding or drapes. Keep the heater at least three feet from bedding, drapes, furniture and other flammable materials. Keep children and pets away from space heaters.
• To prevent the risk of fire, NEVER leave a space heater on when you go to sleep or place a space heater close to any sleeping person. Turn the heater off if you leave the area.
• Never use gasoline in a kerosene space heater. Even small amounts of gasoline mixed with kerosene can increase the risk of a fire.
• Use a space heater that has been tested to the latest safety standards and certified by a nationally-recognized testing laboratory. These heaters will have the most up-to-date safety features; older space heaters may not meet the newer safety standards. An unvented gas space heater that meets current safety standards will shut off if oxygen levels fall too low.
• Do not use portable propane space heaters indoors or in any confined space unless they are specifically designed for indoor use. Always follow the manufacturer's directions for proper use.

Fireplaces

• Have flues and chimneys inspected for leakage and blockage by creosote or debris.
• Open the fireplace damper before lighting a fire and keep it open until the ashes are cool. An open damper may help prevent build-up of poisonous gases inside the home.
• Store fireplace ashes in a fire resistant container and cover it with a lid. Keep the container outdoors and away from combustibles.

Stoves and Ovens

• Never use electric or gas stoves to heat the home. They are not intended for that purpose and can cause fires and CO poisoning.

(1-29-09)

U.S. Consumer Product Safety Commission (CPSC) and various home heating furnace, boiler and high-temperature plastic vent (HTPV) manufacturers are urging home owners who have not yet responded to the previously-announced 1998 recall, to do so immediately. After May 1, 2009, the remedy consumers receive under the existing program, which has been operating continuously for almost 11 years, will change.

The recall, first announced in February 1998, included about 250,000 Plexvent and Ultravent HTPV pipe systems attached to gas or propane furnaces and boilers in homes. The HTPV pipes can crack or separate at the joints and leak deadly carbon monoxide (CO) gas. The following includes the different remedies available to consumers with qualifying heating systems vented with two leading brands of HTPV pipe – Plexvent and Ultravent:

• For valid claims initiated on or before May 1, 2009, with remediation completed and required documentation submitted by October 1, 2009: Plexvent owners will receive a new, professionally-installed venting system free of charge or a rebate up to $400 toward purchase of a new, high-efficiency appliance from the same manufacturer that does not require HTPV. Ultravent owners will receive a new, professionally-installed venting system for about $250 or a rebate of $250 toward purchase of a new, high-efficiency appliance from the same manufacturer that does not require HTPV.
• For valid claims initiated after May 1, 2009: Plexvent owners will receive a rebate up to $400 toward either an HTPV replacement system or a new, high-efficiency appliance from the same manufacturer that does not require HTPV. Ultravent owners will receive a rebate up to $250 toward either an HTPV replacement system or a new, high-efficiency appliance from the same manufacturer that does not require HTPV.

Consumers who register after May 1, 2009, and who choose to repair their systems will be responsible for up-front payment of parts, labor and permits, and will be responsible for arranging to have the work performed.

Consumers should determine whether they have a recalled HTPV pipe system by checking the vent pipes attached to their natural gas or propane furnace or boiler. Vent pipes subject to this recall can be identified as follows:

• The vent pipes are plastic
• The vent pipes are colored gray or black
• "Plexvent," "Plexvent II" or "Ultravent" is stamped on the vent pipe or printed on stickers placed on pieces used to connect the vent pipes
• The vent pipes are located on furnaces (and the pipes go through the sidewalls of structures) or on boilers.

Other plastic vent pipes, such as white PVC, are not included in the recall.

After checking the vent pipes, consumers should call (800) 758-3688 between 8 a.m. and 7 p.m. ET Monday through Friday to sign up for HTPV pipe system replacement. The following manufacturers are participating in this program:

Armstrong Air Conditioning Inc.; Bard Manufacturing Co.; Burnham Corp.; Dunkirk Radiator Corp.; Evcon Industries Inc.; Heat Controller Inc.; International Comfort Prod. Corp. (USA); Lennox Industries Inc.; Nordyne Inc.; Peerless Heater Co.; Pennco Inc.; Plexco Inc.; Raypak Inc.; Rheem Manufacturing Co.; Slant/Fin Corp.; The Trane Co.; Trianco-Heatmaker Inc.; Utica Boilers Inc.; Vaillant Corp.; Weil-McLain; Westcast Inc.; York International Corp.

CPSC reminds all consumers to have fuel-burning appliances professionally inspected each year to check for cracks or separations in the vents that could allow CO to leak into the home. In addition, CPSC recommends that every home should have at least one CO alarm. (1-21-09)