Toy Industry Needs to Stop Playing Around with Child Safety

The toy business isn't just for kids.

It's a $17-billion industry, with about two-thirds of that money being spent now - in the last three months of the year for holiday gifts.

It's that time of year to go out and buy that Barney Slumber Bag Comforter, that Polly Pocket doll collection and the 101 Dalmatians Firetruck. But as innocent as all of these toys may seem, they all have been listed as potentially injury-producing for young children.

The comforter is flammable, pieces of the dolls present a choking hazard and the firetruck has too-sharp edges. That's according to the Maryland-based Institute for Injury Reduction, which puts out a "hit" list of toys every year.

But these particular toys are just part of the problem. In 1992 toy-related accidents caused more than 177,000 injuries and deaths.

John Salvi's brother is such a statistic. The 14-year-old bought an air gun from Montgomery Ward in north suburban Deerfield. As he was cleaning the gun, he accidentally pulled the trigger, and a BB struck his brother in the eye. It penetrated the eyelid, cutting through the globe of his eye and ripping through his retina. He went blind and has to wear a prosthetic eye.

A jury found that Wards was negligent in selling the gun to a 14-year-old without his parents' knowledge and awarded his brother $570,000. Salvi v. Montgomery Ward & Co., 140 Ill. App. 3d 896, 489 N.E. 2d 394 (1st Dist. 1986). Yet the gun itself was not found to be unreasonably dangerous. Aisle after aisle of enticing packaging. How are toy buyers to know which products are safe?

In 1992 the U.S. toy industry shipped more than 2.5 billion toys representing about 150,000 different dolls, toys and games. The Consumer Product Safety Commission (CPSC) generally tests less than 1 percent of these products for sale. That leaves thousands of innocent-appearing toys placed on the market without proper testing for safety. Yet for the last 10 years, Congress has not funded two of the five commissioner positions and another commissioner position now sits vacant.

What these figures point to is the need for more self-policing by manufacturers and retailers. In fact, a law is on the books requiring companies to notify the commission when it has reason to believe it is selling a product that could create a substantial hazard or has caused a choking accident.

It's probably not too surprising that in 1992, despite the thousands of reported injuries, the commission received fewer than 60 notifications involving children's products. But it was heartening, even admirable, when two giant toy store chains announced in October they would no longer sell realistic toy guns. Following the death of a teenager and another shot earlier this year after brandishing toy guns that were mistaken for real ones. Toys "R" Us and Kay- Bee Toys announced they would stop selling such toys.

Toy manufacturers cannot be driven by profit over safety. They need to be more careful in toy design and safety warnings. Too often boxes read: "Recommended for children over age 3." But it's unclear if that's an educational suggestion or a safety recommendation.

Now Rep. Cardiss Collins, D-Chicago, has seen to it that that's all changed. For three years she's been fighting in Congress for more stringent safety regulations. An in June of this year, the Child Safety Protection Acct was passed that, among other things, requires a specific safety warning on toys with parts that present a choking hazard for those less than six years of age. The 3rd U.S. Circuit Court of Appeals apparently agreed on the impropriety of the often-vague warnings and ruled earlier this year that merely recommending an age usage for children's toys is an inadequate safety protection and cannot shield manufacturers from lawsuit. Metzgar v. Playskool, 30 F.3d 459 (3d Cir. 1994).

But others are needed in this fight - and it is a fight - for the prevention of children's injuries. Pediatricians, surgeons and other health-care providers should be reporting injuries, including the product's name, to the CPSC.

Consumer reporters in the press should take a more proactive approach, particularly at this time of year, because raising consumer consciousness can be the most effective weapon against dangerous toys. Trial lawyers should resist secrecy orders and protective agreements that prevent the transfer of information on cases involving toy-related injuries and deaths. The CPSC also needs to be a more intolerant watchdog in its policing of such an important area in its jurisdiction. In the past decade, the CPSC has not issued a single toy safety standard or ordered a single mandatory toy recall.

All recalls were voluntary and, thus, leads one to question if the agency is working for the consumer or the manufacturer. It should be using its authority to ban toys responsible for deaths and serious injuries. With a new chairman who took office earlier this year, a reinvigorated CPSC promises to become a more aggressive agency.

Yes, Virginia, there is a Santa Claus, and let's hope he's working to insure that the toys coming down the chimney are a lot safer.