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CPSC News

The U.S. Consumer Product Safety Commission's new Chairman, Inez Tenenbaum, urged families today to put safety first during the Fourth of July holiday and celebrate with caution when it comes to fireworks. The latest report from CPSC indicates that there were reports of seven fireworks-related deaths and an estimated 7,000 hospital emergency-room-treated injuries in 2008. In 2007, CPSC had reports of eleven deaths and an estimated 9,800 injuries.

Chairman Tenenbaum, in a press event and fireworks demonstration on the National Mall, reminded consumers that even with fewer reported deaths and injuries in 2008, the one-month period surrounding the Fourth of July is still the most dangerous time. In fact, 70 percent of all fireworks-related injuries occurred between June 20 and July 20.

"CPSC wants to keep reducing fireworks-related deaths and injuries in 2009," says Chairman Tenenbaum. "Children should never play with or light fireworks, and adults should watch our demonstrations to see how powerful and dangerous illegal fireworks can be."

Chairman Tenenbaum was joined on the National Mall by Tony West, Assistant Attorney General for the Civil Division of the Department of Justice; Dan Baldwin, Assistant Commissioner for the Office of Trade within Customs and Border Protection (CBP); and Joseph Riehl, Acting Assistant Director of the Office of Enforcement Programs and Services for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

CPSC continues to work to keep American families safe by educating the public about the risk of injury associated with fireworks, enforcing fireworks regulations, and prosecuting dealers and distributors who manufacture and sell illegal explosives.

As a part of its fireworks enforcement program, CPSC actively works with ATF to investigate roadside stands, warehouses and retail stores that sell professional grade explosives to consumers, and homes that serve as havens for the manufacture of dangerous fireworks devices. These investigations have resulted in dozens of successful prosecutions by the Justice Department's Office of Consumer Litigation and U.S. Attorney offices across the country.

On June 19, 2009, a federal judge in the Eastern District of New York sentenced Jon Cea and Vincent Cea to 24 months and 36 months in federal prison, respectively, after they pleaded guilty to conspiracy to engage in the business of dealing in explosive materials, involving the illegal sale of more than 1,000 pounds of explosives. The defendants and their customers were not licensed, yet they purchased and sold professional display fireworks. CPSC and the Justice Department worked in partnership on this case.

At the ports, CPSC is working alongside CBP to ensure shipments are in compliance with the federal regulations. With CBP assistance, last year CPSC staff found through sampling and testing of fireworks shipments that forty-nine percent of these shipments contained illegal fireworks.

While the federal government remains committed to stopping the manufacture and sale of illegal fireworks, CPSC encourages consumers who decide to purchase legal fireworks to do the following:

Never allow young children to play with or ignite fireworks.

Make sure fireworks are legal in your area before buying or using them.

Avoid buying fireworks that come in brown paper packaging, as this can often be a sign that the fireworks were made for professional displays and could pose a danger to consumers.

Adults should always supervise fireworks activities. Parents often don't realize that there are many injuries from sparklers to children under the age of 5. Sparklers burn at temperatures of about 2,000 degrees – hot enough to melt some metals.

Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back a safe distance immediately after lighting.

Never try to re-light or pick up fireworks that have not fully functioned.

Never point or throw fireworks at another person.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light one item at a time, then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

After fireworks fully complete their functioning, douse the spent device with plenty of water from a bucket or hose before discarding to prevent a trash fire.

(7-02-09)

As part of its commitment to protecting the safety of children, the U.S. Consumer Product Safety Commission (CPSC) announced today that OKK Trading, of Commerce, Calif., has agreed to pay a $665,000 civil penalty for failing to comply with a 30-year old ban on lead paint on toys, as well as violating other federal child safety standards.

The penalty settlement, which has been provisionally accepted by the Commission, resolves CPSC staff allegations that from November 2007 through August 2008, OKK Trading knowingly imported and sold toys with paints that contained lead levels that exceeded legal limits. In 1978, a federal ban was put in place which prohibited toys and other children's articles from having more than 0.06 percent lead (by weight) in paints or surface coatings. Lead can be toxic if ingested by young children and can cause adverse health consequences.

The penalty settlement also resolves CPSC staff allegations that OKK Trading knowingly imported and sold toys, games, rattles, pacifiers and art materials that violated the Federal Hazardous Substances Act. These allegations include the following:

From December 2004 through August 2008, OKK Trading imported and sold toys that had small parts in violation of CPSC regulations. To protect young children from choking, aspiration or ingestion hazards, federal law prohibits toys intended for children under three from having small parts.

From November 2004 through January 2005, OKK Trading imported rattles that violated CPSC's safety requirements for rattles.

From July 2007 through January 2008, OKK Trading imported and sold pacifiers that violated CPSC's safety requirements for pacifiers, including the prohibition on small parts.

From January 2005 through April 2007, OKK Trading imported toys and games that violated CPSC's labeling requirements for balloons, small balls and small parts.

From September 2005 through April 2007, OKK Trading imported art materials that violated CPSC's labeling requirements.

The settlement also covers staff allegations that from May 2007 through December 2007, the company knowingly exported noncompliant toys in violation of federal notification requirements.

OKK Trading informed CPSC that it received no reports of incidents or injuries involving the products covered by this settlement. In agreeing to the settlement, OKK Trading denies CPSC's allegations that it knowingly violated the law. (6-26-09)

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)