Thousands of lives are at risk when a company markets
a defective, mass-produced product. We have helped
protect the rights of individuals against negligent
corporations. Cases have involved a variety of manufactured
items, including a defective household appliance that
resulted in electrocution, a leaking gas grill propane
container that severely burned the user, and a defective
towel dispenser that caused the strangulation of a
Toy Safety Standards
Under the Child Safety Protection Act (CSPA) and Consumer
Product Safety Commission rules:
- Toys intended for children
under three are banned if they contain small parts
break into pieces that are small parts.
- Toys intended for
children between the ages of three and six years
old that contain small
parts must include an explicit choke hazard warning
with precise statutory language.
- Any small ball or toy that
contains a small ball must meet a stricter safety
test and include
an explicit choke hazard warning.
- Marbles or toy with marbles
must include an explicit choke hazard warning.
- All balloons
must include a warning about the dangers of uninflated
or broken balloons
to children younger than 8 years of age.
Magnetic Toy Standards
Currently, no labeling or performance standards govern
magnetic toys. ASTM is considering but
has not yet finalized draft standards as of November 2006.
Excessively Loud Toy Standards
In November 2003, ASTM finalized acoustics standards for
toys that include the following:
- Hand-held, table-top, floor,
and crib toys: Toys in this classification should not
continuous sound that exceeds 90 dB when measured
from 25 centimeters (cm).
- Close-to-the-ear toys: Toys in this classification
should not produce continuous sound
that exceeds 70 dB when measured from 25 cm.
- All toys with
impact-type impulsive sounds: Toys should not produce
an impact-type peak
sound in excess of 120 dB when measured from 25 cm.
This requirement also applies to all
recorded impulsive sounds, such as those produced by
video games, regardless of what was
recorded (explosion or impact).
- All toys with explosive-type
impulsive sounds except percussion caps: Toys should
produce an explosive-type peak sound in excess of 138
dB when measured from 25 cm.
Potentially Toxic Toy Standards
Toys or materials used in toys must conform to the Federal
Hazardous Substances Act.
- If metal jewelry is intended for
use by children and toxic lead content is accessible
child, then it constitutes a banned hazardous substance
under the law.
- Play cosmetics—cosmetics intended for
children under 14—must conform to the
requirements of the Federal Food, Drug and Cosmetics
has issued a guidance to manufacturers, retailers,
and distributors about children’s
products containing liquid chemicals. This guidance
states that manufacturers should eliminate
the use of the following chemicals in children’s
products: mercury, ethylene glycol, diethylene
glycol, methanol, methylene chloride, petroleum distillates,
toluene, xylene, and related chemicals.
ASTM established voluntary standards governing projectile
toys, which are toys that children can launch into free
flight. The standards state:
- Projectiles intended to be
fired from a toy should not have any sharp edges, sharp
or small parts that would fit inside the choke tube
described in the previous section.
- Rigid projectiles fired from a toy
should not have a tip radius less than .08 inches (2
- Any protective tip should not become detached
from the projectile when subject to
standard “use and abuse” tests described
in the ASTM guidelines.
Strangulation Hazard Standards
- Cords and elastics included
with or attached to toys intended for children younger
18 months (excluding pull toys) should be less than 12
inches long. If the cords/elastics can tangle or form a
loop, or both, in connection with any part of the toy,
including beads or other
attachments on the ends of cords/elastics, the perimeter
of the loop should be less than 14 inches.
- For pull toys
intended for children under 36 months of age, cords
and elastics over 12
inches long should not have beads or other attachments
that could tangle to form a loop.
To access U.S. PIRG, the federation of state
Public Interest Research Groups' (PIRG) most recent toy
safety information online, click
here. For a downloadable, more complete listing
of of these standards, click
here (PDF file).
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does not offer any guarantee of case results.
Past success in litigation does not guarantee success in any new or future
Our web site describes some of the cases that the attorneys of Perry & Haas
have worked on in the past.
Our description of those cases is summary in nature.
You should be aware that the results obtained in each of the cases we have
worked on was dependent on the particular facts of each case. The results of
other cases will differ based on the different facts involved.