The U.S. Consumer Product Safety Commission (CPSC) annually releases reports addressing toy-related deaths and injuries.
Although fatalities are uncommon, injuries still occur. Even closely supervised children may be injured by a faulty toy, infant sling, crib or stroller. Manufacturers do not always promote recalls, which can leave consumers unaware that dangerous kids toys or other hazardous products may remain in the home.
- Toy injuries are not rare. In 2021, ERs treated 152,000 children under 15, including two fatalities.
- Ride-on toys and small parts drive many injuries, often involving head and face trauma, even with supervision.
- Recalls are easy to miss. Millions of unsafe toys were blocked at U.S. borders, yet hazards still reach homes.
- Federal standards changed how toys and infant slings are made and tested. Know the rules that may affect accountability.
Injury Statistics Concerning Dangerous Toys
A 2021 CPSC report identified more than 152,000 toy-related, emergency department-treated injuries involving children younger than 15 years of age, including two deaths.[i]
The reported fatalities involved choking on a small toy part and suffocation on a soft toy in an unsafe sleep environment. Many injuries involved lacerations, contusions, and abrasions to the face and head. The CPSC noted that many incidents were associated with, but not necessarily caused by a toy. Among children younger than 15 years old, non-motorized scooters continued to be the product category associated with the most injuries.
Over the past five years, the CPSC reported stopping more than 6 million dangerous toys and children’s products from entering the United States due to safety concerns.
Federal Enforcement and Import Controls
The CPSC attributes reductions in unsafe imports to its global toy safety system implemented in 2009, which requires toys to be tested by independent, third-party laboratories.
Between 2008 and 2013, the CPSC and U.S. Customs and Border Protection worked together to stop more than 9.8 million units of approximately 3,000 toys that violated U.S. safety standards.[ii]
These enforcement efforts were aimed at preventing dangerous toys for kids from entering the U.S. market.
U.S. Toy Safety Standards
Before 2009, toy safety standards in the United States were voluntary. The Consumer Product Safety Improvement Act of 2008 (CPSIA) mandated that previously voluntary safety standards become a nationwide mandatory children’s product safety rule.
At the time, ASTM International’s Standard Consumer Safety Specification for Toy Safety F-963 was considered the “gold” standard for toy safety.[iii] The CPSIA required that all toys comply with the F-963 safety standard.
F-963 is continually revised and reviewed by ASTM Committee F15. Formed in 1973, Committee F15 includes approximately 900 participants representing consumers, government, and industry. The committee operates through various subcommittees that address different product areas and update safety standards accordingly. Richard Rosati of Bureau Veritas currently serves as chairman. Bureau Veritas, S.A. is an international testing, inspection, and certification service provider.
In 2016, ASTM F-963 was updated to include:
- A curb impact requirement for ride-on toys
- New labeling requirements for toys containing coin or button batteries
- Temperature and current-limiting requirements for toys using lithium-ion batteries
- New requirements addressing hazards if small components are accidentally swallowed
Many states do not have specific laws or regulations governing toy safety.
Independent Research on the Most Dangerous Toys
Independent of the CPSC, the first comprehensive epidemiological study of toy-related injuries was published in 2014.
The study found that the annual injury rate per 10,000 children increased by 39.9%, rising from 18.88 injuries in 1990 to 26.42 injuries in 2011.[iv]
Injury rates peaked at age two. Males accounted for 63.4% of injuries. Ride-on toys were associated with the highest number of injuries and hospital admissions.
Hidden Dangers of Infant Slings
Infant slings are not the same as toys but are still products used for children and were discussed in the original article.
Between 2003 and 2016, the CPSC reported incidents involving infant sling carriers, including fatalities and nonfatal injuries. Some incidents involved infants suffering injuries while being carried in slings. [v]
In response, federal safety standards were updated in 2017 to require stronger structural integrity testing, loading requirements and occupant retention standards to reduce risks of falling or suffocation.
The standard also added warning and instruction requirements, including guidance showing proper infant positioning and reminders for caregivers to regularly check hardware components such as buckles, snaps and rings. [vii]
In 2018, the updated federal standard went into effect for newly manufactured or imported products. [viii]
Safety guidance also encourages caregivers to [ix]:
- Keep the infant’s face visible and uncovered
- Adjust positioning after feeding
- Monitor breathing and head positioning frequently
Closing Perspective
I regret that you may be reviewing this information following the death or catastrophic injury of someone you care about due to another party’s negligence. Over my career, I have handled many wrongful death and catastrophic injury claims.
I am licensed to practice law in Florida and North Carolina and co-counsel claims in other states. If you would like to learn more about my practice or request a free consultation, please visit my website.
[i] “Toys: Top Tips for Holiday Cooking, Decorating and Toy Shopping.” U.S. Consumer Product Safety Commission, 21 Nov. 2021,. bit.ly/3XEKmfH
[ii] https://www.cpsc.gov/content/global-system-of-toy-safety-works-to-keep-kids-safe-this-holiday-season-recalls-down-port
[iii] https://www.astm.org/toys.html
[iv] Toy-Related Injuries Among Children Treated in US Emergency Departments, 1990-2011 Vihas M. Abraham, BS, Christopher E. Gaw, BS, Thiphalak Chounthirath, MS, Gary A. Smith, MD, DrPH
[v] https://www.cpsc.gov/content/cpsc-approves-new-federal-safety-standard-for-infant-sling-carriers
[vi] https://www.cpsc.gov/content/cpsc-approves-new-federal-safety-standard-for-infant-sling-carriers
[vii] Id.
[viii] “New Federal Standard to Improve Safety of Infant Slings Takes Effect.” U.S. Consumer Product Safety Commission, 1 Feb. 2018, bit.ly/3AZh3up
[ix] “New Federal Standard to Improve Safety of Infant Slings Takes Effect.” U.S. Consumer Product Safety Commission, 1 Feb. 2018, bit.ly/3AZh3up
