You can practically hear the collective cheer of parents across the country. Thanks to a groundbreaking new law, playthings and other kids' products will be deemed safe before they make it to the store shelves and, ultimately, children's hands. What's more, lead is officially banned, once and for all, in kids' merchandise.
President George W. Bush signed the Consumer Product Safety Improvement Act, barring lead (more than trace amounts) in products for kids under age 12 and partially prohibiting phthalates ("thah-lates") — chemicals used to soften plastics and rubber — in toys and child-care items. Three kinds of the controversial chemicals are banned for good, whereas three others can't be used until further testing.
The new law also will give the Consumer Product Safety Commission (CPSC) the power and resources to regulate the industries for toys and children's products (like cribs and high chairs). Now, the CPSC, once essentially a federal watchdog group with little power other than to implement recalls, will be able to:
- enforce and oversee mandatory testing of products before they ever leave the manufacturing room floor
- remove unsafe merchandise from shelves faster
- heavily penalize companies that don't follow the letter of the law
Before the bill, the CPSC scoured store aisles for unsafe items, took consumers' reports about injuries and concerns, and instituted recalls when they verified a hazard. But what the organization could not do was monitor the safety of merchandise — including toys and children's stuff — before it was actually sold.
Toys and kids' products previously did have to meet federal and industry safety standards (for things like lead paint, as well as choking hazards and sharp points). But these products were not tested or approved for safety by a federal agency before they made it to the marketplace. So, although companies were expected to comply with the standards — whether they manufacture products in or import them to the United States — no government entity made sure that the standards were really being followed pre-sale.
A Look Back
This time last summer, U.S. consumers were reeling from a barrage of recalls, with millions coming on the heels of other unsafe millions. The summer of 2007's recalls included, first, 1.5 million Thomas & Friends toy trains and accessories, followed by nearly 1 million Fisher Price playthings (including some popular Dora the Explorer, Diego, and Sesame Street toys) and a whopping 9 million toys from Mattel (like certain Barbie, Batman, and Polly Pockets merchandise).
Until one big company after another started pulling potentially hazardous products from the shelves, recalls of kids' items seemed to be a rarity, especially when it came to beloved brands. But many parents started to lose trust in the safety of kids' merchandise when they kept having to frantically check kids' stocks of toys again and again — and hope that the items on their tots' holiday wish lists weren't tainted, too.
After the onslaught of toy recalls, many companies started voluntarily buckling down on testing before the products were sold. Plus, they began further testing of toys that were already on the market and pulling out any that were deemed unsafe. And many retailers started laying down stricter standards for the toys they stock.
The Lowdown on Lead and Phthalates
Coming into contact with a toy — or anything else containing lead — once or twice probably isn't cause for too much concern. It's continual exposure over a period of time that usually causes lead poisoning. Kids can ingest the dangerous, naturally occurring metal when they mouth or swallow something made with lead or lead paint, or when they simply touch it and then put their fingers in their mouths.
Over time, lead poisoning can bring on a host of health problems like learning and hearing disabilities, behavior and attention problems, hyperactivity, and delayed development. But even low levels of lead in a child's blood can cause subtle difficulties with behavior and learning.
The only way to know for sure whether a child has lead poisoning is through a blood test. All kids should be routinely screened at 1 and 2 years old, says the American Academy of Pediatrics (AAP).
Also talk to your doctor about possible testing if you live in a home built before 1978 (when the government banned the manufacture of paint containing lead). In fact, lead paint in homes — not toys — is the main cause of lead poisoning in kids. Youngsters with lead poisoning usually get it from eating chips of lead-based paint or by inhaling lead particles in dust from walls and window sills covered with the paint.
When it comes to phthalates, scientists know a lot less. Limited studies have been done on their effects on young children, but previous research has suggested that phthalates may:
- be toxic to the development of the reproductive organs of animals — and possibly male fetuses
- affect grown men's reproductive function
- change hormone levels in unborn and breastfed babies
So, some governments worldwide (like the European Union and California) have banned phthalates from being used in toys and child-care products that babies and young kids might put in their mouths.
Unfortunately, you can't just pick up a product to find out if it contains phthalates by looking at the label — manufacturers in the United States aren't currently required to disclose phthalate contents on product packaging. But by early 2009, phthalates will, at least, no longer be allowed in toys.
What This Means to You
The new bill will make it much less likely that dangerous products will find their way into your home. Still, there could be plenty of used playthings lurking in your kids' closets or being sold at secondhand stores and neighborhood yard sales.
And although companies will be watched and held accountable from the get-go, consumers won't see the legislation's effects right away — it will take months to even years for some of the new law's rules to be enforced. But the wheels of long-overdue change are definitely in motion.
But it's still key to keep tabs on the latest recalls to make sure your kids' stuff is free of any hazards. To stay on top of the latest recalls:
- Sign up for the CPSC's regular email announcements by going to their website and choosing the categories you're interested in (like infant/children's products, sports equipment, household products, etc.).
- Search the CPSC's site to see if any of your new or secondhand items have been recalled.
- Go to the Centers for Disease Control and Prevention's (CDC) site for a list — with pictures — of toys, crafts, and children's jewelry recalled for lead concerns (from as far back as the 1970s). Enter "lead recalls" in the search box, then click on the first link.
- Send in the registration card whenever you buy a new product.
Until the new law takes full effect, a little awareness and sleuthing on your part can go a long way in keeping your kids safe as they grow.
Reviewed by: Steven Dowshen, MD
Date reviewed: August 2008
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