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| Cusimano, Keener, Roberts & Raley, P.C. does
not offer any guarantee of case results. Past success
in litigation does not guarantee success in any
new or future lawsuit. Our web site describes some
of the cases that Cusimano, Keener, Roberts & Raley, P.C. has 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. |
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Toy
Safety for the Holidays
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Report
a Dangerous Toy
The
Consumer Product Safety Commission (CPSC) has
the authority to recall dangerous toys and products
from the market. If you think a toy or product
is hazardous, contact the CPSC and submit a report
by:
Phone:
1-800-638-2772
Web:
http://www.cpsc.gov/incident.html
Email: info@cpsc.gov
Tips
for Parents
- Avoid
choking hazards. Do not buy small toys or toys
with small parts for young children.
- Read
and heed warning labels.
- Avoid
strangulation hazards like toy pull strings,
window blind cords and extension cords
- Read
labels carefully and only purchase toys labeled
nontoxic
- Take
the batteries out of loud toys or cover speakers
with tape
More
tips from toysafety.net: http://toysafety.net/toysafety.asp
?id2=8502&id3=toysafety2002&
2004
Defective and Dangerous Toys
SOURCE:
http://toysafety.net/toysafety.asp?id2=8500&id3=toysafety2002&
Potential
Choking Hazards
Standards:
- CSPA requires that toys intended for children
between the ages of three and six years old
that contain small parts include an explicit
choke hazard warning.
- Toys that have play value for children under
three—i.e., have soft, rounded edges, simple
construction, and bright primary colors—are
banned if they contain small parts.
- CSPA requires that any small ball or toy that
contains a small ball meet a stricter safety
test and include an explicit choke hazard warning.
- CSPA requires that any marble intended for
children older than three include an explicit
choke hazard warning.
- CSPA requires that all balloons include a
warning about the dangers of uninflated or broken
balloons to children younger than 8 years of
age.
CHOOSE
A CATEGORY BELOW:
-
Examples
of Toys that Pose Potential Choking Hazards
-
Toys
that May Not Meet CSPA Labeling Requirements
- Balloons
- Over-Labeled
Toys
-
Potential
Strangulation Hazards
-
Dangerously
Loud Toys
-
Potentially
Toxic Toys
TOP
Examples
of Toys that Pose Potential Choking Hazards
 Fun
Years Music Big Drum Musical Set
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Geoffrey Inc.
Item Number: KS3153A
Problem: Labeled for children ages 2+. Bells
detach easily from wristband and fit in
choke tube. Whistle detaches from key ring
and fits in choke tube. |
| x |
 "Pals
on the Go!" Pull Toy
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Battat
Item Number: SX69928
Problem: Labeled for children 18 months
and older. Pull cord separates, leaving
a small part attached to a string. |
Toys
that May Not Meet CSPA Labeling Requirements
 "You
& Me" Gabrielle's Greenhouse
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Geoffrey Inc.
Item Number: 90566
Problem: Labeled for children ages 2+. Flowers
can pop off stems; some fit in choke tube. |
| x |
 Toy
Tunes Light & Sound Musical Toy
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Dollar Tree Dist.
Item Number: 803970 3JFK12
Problem: Toy has play value for child under
3 years old (bright primary colors, simple
construction, rounded edges). Toy packaging
has choke hazard warning; bead at end of
drumstick pops off easily. |
| x |
 Buzz
Buzz Butterfly, Zoom Zoom Race Car, Click
Clack Train, Itsy Bitsy Spider Cardboard
Books
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Clever Factory
Item Number: 66420
Problem: Books have play value for child
under 3 years old (heavy cardboard, easy-to-turn
pages, small number of pages). Books have
choke hazard warning; pop-up car, butterfly,
etc. detach easily. |
| x |
 Two
by Two Coloring Book with 12 Animal-Shaped
Crayons
Category: May violate CSPA ban on small
parts for toys intended for children under
3 years.
Manufacturer: Dalmatian Press
Item Number: 1403707138
Problem: Has play value for a child under
3 (large crayons, bright colors). Some animal-shaped
crayons fit in choke tube. No choke hazard
warning. |
| x |
 Assorted
Rings
Category: Potential CSPA labeling violation
Manufacturer: Assorted
Item Number: Assorted
Problem: Rings fit in choke tube. Have play
value for children under 6. Often sold in
unlabeled bins without CSPA choke hazard
warning displayed. |
| x |
 Assorted
Small Balls
Category: Potential CSPA labeling violation
Manufacturer: Assorted
Item Number: Assorted
Problem: Small balls fail the small ball
test. Often sold in bins without the CSPA
choke hazard warning displayed. |
| x |
 Hot
Wheels Rev-Ups
Category: Potential CSPA labeling violation
Manufacturer: Mattel
Item Number: Asst C6357
Problem: Rubber tires pop off easily and
fit in choke tube. Has play value for a
child under 6. No choke hazard warning. |
| x |
 Novelty
Key Ring in Animal Shapes with Inflatable
Tongues
Category: Potential CSPA labeling violation
Manufacturer: Unknown
Item Number: Unknown
Problem: Rubber tongue detaches easily.
CPSC recalled similar "Zapper Toys" in March
2001 (http://www.cpsc.gov/cpscpub/prerel/prhtml01/01110.html).
Has play value for a child under 6. No choke
hazard warning. |
| x |
 Expressions
12 Bangles and Rings
Category: Potential CSPA labeling violation
Manufacturer: Almar Sales Co.
Item Number: BR53/UPC 713478
Problem: Toy rings fit into the choke tube.
Toy has play value for children under 6.
No choke hazard warning on packaging. |
| x |
 Spiderman
Web Attack with Web Missile Launcher
Category: Potential CSPA labeling violation
Manufacturer: Marvel/Toy Biz Worldwide
Item Number: 72016
Problem: Missile tips fit in choke tube;
rest of missile is paper and likely would
not stop tip from entering airway. Has play
value for a child under 6. No choke hazard
warning. |
| x |
 Disney
Princess Backpack with Tiara, Wand & Ring
Category: Potential CSPA labeling violation
Manufacturer: Disney
Item Number: 855626-500000
Problem: Toy ring fits in choke tube. Has
play value for a child under 6. Non-statutory
choke hazard warning. |
| x |
|
 Shelly
Club Doll Accessories (Shoes, Brush, Bear)
Category: Potential CSPA labeling violation
Manufacturer: Mattel
Item Number: 47625
Problem: Shoes, brush, bear fit in choke
tube. Has play value for a child under
6. Non-statutory choke hazard warning.
|
| x |
 Baby
Annabell; Baby Annabell Care Set with Sheep
Pacifier, Rattle
Category: Potential CSPA labeling violation
Manufacturer: Zapf Creation
Item Number: 785849, 785764
Problem: Sheep clip detaches from pacifier
and fits in choke tube. Has play value for
a child under 6. No choke hazard warning. |
| x |
 Triplets
(Baby Dolls with Pacifiers)
Category: Potential CSPA labeling violation
Manufacturer: Cititoy Inc.
Item Number: 74351
Problem: Pacifiers fit in choke tube. Pacifiers
are attached to doll by a few threads; may
fail "use and abuse" test. Has play value
for a child under 6. No choke hazard warning. |
| x |
|
 All
About Baby Hairstyle Central
Category: Potential CSPA labeling violation
Manufacturer: Small World Toys
Item Number: 3620129
Problem: Doll's hair accessories fit in
choke tube. Has play value for a child
under 6. No choke hazard warning.
|
| x |
 Kinderland
Kimy Bathtime
Category: Potential CSPA labeling violation
Manufacturer: Gotz
Item Number: 0344005
Problem: Tips of closet rod pop off easily
and fit in choke tube. Small rubber duck
almost fits in choke tube. Has play value
for a child under 6. No choke hazard warning. |
 Soundable
Hand Puppet
Category: Potential CSPA labeling violation
Manufacturer: Kid Connection/Wal-Mart
Item Number: 19815
Problem: Eyeballs break apart easily and
form small parts. Has play value for a child
under 6. No choke hazard warning. |
| x |
 26
PC Magnetic Letters & Numbers
Category: Potential CSPA labeling violation
Manufacturer: Home Master Quality Products
Item Number: HM-1033
Problem: Many of the letters fit in choke
tube. Has play value for a child under 6.
No choke hazard warning. |
| x |
 Magnetic
Educational Whiteboard
Category: Potential CSPA labeling violation
Manufacturer: Unknown
Item Number: 400001807699
Problem: Many letters and numbers fit in
choke tube. Made of hard foam with magnetic
backing. Has play value for a child under
6. No choke hazard warning. |
| x |
 Lisa
Frank Stationary Sticks
Category: Potential CSPA labeling violation
Manufacturer: Lisa Frank
Item Number: P3647
Problem: Stationery set contains small parts
that fit in choke tube, including small
erasers shaped like butterflies, flowers,
etc. Has play value for a child under 6.
No choke hazard warning. |
| x |
 Lisa
Frank Tiny Treats Mini Markers
Category: Potential CSPA labeling violation
Manufacturer: Lisa Frank
Item Number: P3394
Problem: Mini-marker caps fit in the choke
tube. Has play value for a child under 6.
No choke hazard warning. |
| x |
 Flashing
Star Wand
Category: Potential CSPA labeling violation
Manufacturer: Fun Express
Item Number: PPI0404013
Problem: Wand has small parts that fit in
choke tube. Has play value for a child under
6. Non-statutory choke hazard warning. |
| x |
 Mini
Rock 'em Sock 'em Robots Party Favors
Category: Potential CSPA labeling violation
Manufacturer: Tara Toy Corp.
Item Number: 55785
Problem: Parts of toy break off easily into
small parts that fit in choke tube. Has
play value for a child under 6. No choke
hazard warning. |
|
 hafen-Seaport
Wooden Blocks
Category: Potential CSPA labeling violation
Manufacturer: Made in Germany.
Item Number: 31311-3
Problem: Several pieces of this wooden
building set fit in choke tube. Has play
value for a child under 6. No choke hazard
warning.
|
| x |
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 Disney
Princess Super Ball
Category: Potential CSPA labeling violation
Manufacturer: Unknown
Item Number: 48615-9
Problem: Eyeball fails small ball test.
Has play value for a child under 6. No
choke hazard warning.
|
|
 Whistle
Bracelet
Category: Potential CSPA labeling violation
Manufacturer: Unknown
Item Number: 102063
Problem: Whistle is a small part and can
detach from bracelet. Has play value for
a child under 6. No choke hazard warning.
|
TOP
Balloons
|
 1st
Birthday Girl/1st Birthday Boy/Happy 1st
Birthday Balloons
Category: Balloons
Manufacturer: Amscan
Item Number: 111012 (Girl), 111016 (Boy),
117016 & 117017 (Happy 1st)
Problem: Children under 8 years can choke
or suffocate on uninflated or broken balloons.
These balloons are intended for use by
children under 8 years old.
|
| x |
|
 Happy
1st Birthday Balloons
Category: Balloons
Manufacturer: Pioneer Party Group
Item Number: 71444-92466
Problem: Children under 8 years can choke
or suffocate on uninflated or broken balloons.
These balloons are intended for use by
children under 8 years old.
|
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 Assorted
Latex Balloons
Category: Balloons
Manufacturer: Assorted
Item Number: None
Problem: Children under 8 years can choke
or suffocate on uninflated or broken balloons.
These balloons are intended for use by children
under 8 years old. |
| x |
 Flyin'
Screamin' Rocket Balloons
Category: Balloons
Manufacturer: JA-RU, Inc.
Item Number: 137
Problem: Children under 8 years can choke
or suffocate on uninflated or broken balloons.
The toy has the proper balloon warning but
also says the product is for children ages
4 & up. |
x
|
 Bob
the Builder Balloons
Category: Balloons
Manufacturer: Unique Industries
Item Number: 17755
Problem: Children under 8 years
can choke or suffocate on uninflated
or broken balloons. The toy has
the proper balloon warning but depicts
characters (Bob the Builder) marketed
to children under 8.
|
| x |
|
 Balloon
Squawkers
Category: Balloons
Manufacturer: Party City Corp.
Item Number: JS-KP-6016/6
Problem: Contains statutory balloon
warning, but also labeled for ages
3+. Children under 8 years can choke
or suffocate on uninflated or broken
balloons.
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| x |
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 Toy
Story Punch Ball
Category: Balloons
Manufacturer: Pioneer National Latex Company
Item Number: 75060-04100
Problem: Children under 8 years can choke
or suffocate on uninflated or broken balloons.
The toy has the proper balloon warning
but depicts characters (Toy Story) marketed
to children under 8.
|
| x |
|
 Party
Parts Professional Balloon Pump
Category: Balloons
Manufacturer: Target Corp.
Item Number: 053-03-0572
Problem: Labeled for ages 3+. Children
under 8 years can choke or suffocate
on uninflated or broken balloons.
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Over-labeled
Toys
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 "Baby
I'm Yours" Bean Baby
Category: Over-labeled toys
Manufacturer: Target Corp.
Item Number: 91601
Problem: Labeled with choke hazard warning,
but toy does not have small parts. Over-labeling
toys dilutes the meaning and effectiveness
of the choke hazard warning.
|
Potential
Strangulation Hazards
STANDARDS:
- Cords and elastics included with or attached
to toys intended for children younger than 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.
|
 Water
Yo-Yo Ball/Yo-Yo Meteoric Ball
Category: Strangulation
Manufacturer: Assorted
Item Number: Assorted
Problem: The stretchy cord of the toy
can wrap around a child's neck when the
child swings the toy overhead like a lasso.
|
| x |
|
 Bungee-Roos
(assorted animals)
Category: Strangulation
Manufacturer: Ganz
Item Number: Assorted
Problem: Cord is more than 12 inches long
and contains a toggle on the end, posing
a strangulation hazard. Has play value
for children under 3.
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x
Dangerously
Loud Toys
STANDARDS:
In November 2003, American Society for
Testing and Materials (ASTM) finalized
acoustics standards for toys that include
the following:
- Handheld, tabletop, floor, and crib
toys: Toys in this classification shall
not produce continuous sound with an equivalent
sound pressure level that exceeds 90 dB
when measured from a distance of 25 centimeters.
- Close-to-the-ear toys: Toys in this
classification shall not produce continuous
sound with an equivalent sound pressure
level that exceeds 70 dB when measured
from a distance of 25 centimeters.
- All toys with impact-type impulsive
sounds: Toys shall not produce an impact-type
peak sound pressure level in excess of
120 dB when measured from a distance of
25 centimeters. 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 shall
not produce an explosive-type peak sound
pressure level in excess of 138 dB when
measured from a distance of 25 centimeters.
Examples of Dangerously Loud Toys:
|
 Learn
Through Music
Category: Excessively loud toys
Manufacturer: Fisher-Price
Item Number: B8729/89452 Asst.
Maximum Decibel Measurement:
25 cm: 92
10 cm: 102
1 cm: 110
Problem: Should not exceed 90 dB from 25
cm. Child would likely play with this toy
at a closer distance than 25 cm, in order
to participate in the interactive aspects
of the toy on a small screen. Prolonged
exposure to noise above 85 decibels can
cause hearing loss. |
| x |
 Barbe
Princess Musical CD Boombox
Category: Excessively loud toys
Manufacturer: KIDdesigns, Inc.
Item Number: BP-160
Maximum Decibel Measurement (at full volume):
25 cm: 95
10 cm: 101
1 cm: 111 Problem: Should not exceed 90
dB when measured at 25 cm. Prolonged exposure
to noise above 85 decibels can cause hearing
loss. Even when at half volume, toy measures
up to 91 dB at 25 cm. |
| x |
|
 Radical
Rhythms Guitar
Category: Excessively loud toys
Manufacturer: EZTEC Scientific Toys
Item Number: 80281
Maximum Decibel Measurement:
25 cm: 92
10 cm: 99
1 cm: 111
Problem: Should not exceed 90 dB when
measured at 25 cm. Prolonged exposure
to noise above 85 decibels can cause hearing
loss.
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 Power
Gear Star Blaster Set
Category: Excessively loud toys
Manufacturer: SRM International
Item Number: 29010
Maximum Decibel Measurement:
25 cm: 92
10 cm: 95
1 cm: 98
Problem: Should not exceed 90 dB when measured
at 25 cm. Prolonged exposure to noise above
85 decibels can cause hearing loss.
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 Power
Gear Assault Machine
Category: Excessively loud toys
Manufacturer: SRM International
Item Number: 2110
Maximum Decibel Measurement:
25 cm: 98
10 cm: 104
1 cm: 108
Problem: Should not exceed 90 dB when
measured at 25 cm. Prolonged exposure
to noise above 85 decibels can cause hearing
loss.
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 Elite
Operations M-1 Tank
Category: Excessively loud toys
Manufacturer: Geoffrey Inc.
Item Number: 34218
Maximum Decibel Measurement:
25 cm: 90
10 cm: 97
1 cm: 102
Problem: Should not exceed 90 dB when measured
at 25 cm. Prolonged exposure to noise above
85 decibels can cause hearing loss.
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Potentially
Toxic Toys
STANDARDS:
- Toys or materials used in toys must conform
to the Federal Hazardous Substances
- Play cosmetics—cosmetics intended for
children under 14—must conform to the requirements
of the Federal Food, Drug and Cosmetics Act.
- CPSC has issued guidance to manufacturers,
retailers, and distributors about children's
products containing liquid chemicals. This guidance
states that in order to reduce the risk of exposure
to hazardous chemicals, such as mercury, ethylene
glycol, diethylene glycol, methanol, methylene
chloride, petroleum distillates, toluene, xylene,
and related chemicals, manufacturers to eliminate
the use of such chemicals in children's products.
TOP
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Les
Cheries Camille Valise Doll
Air
Foam Fling Ball
Just
Like Home Stove with Sounds
3D
Spinning Nail Polish Caddy
Hilary
Duff Twinkle Toes Pedicure Set
Claire's
Club Hair & Makeup Kit with Beaded Handle
Claire's
Cosmetics Nail Polish 
Hello
Kitty Star Glitter Nail Polish
Hello
Kitty Makeup Collection Nail Color
Hello
Kitty Nail Polish
Hugs
& Kisses Nail Polish
Two
Sisters Nail Polish
FIMO
Modeling Material l 
Sculpey
Oven-Bake Clay