Legislative Advocacy Talk

Kristen Schratz,Becky Tamez & Andrew Wehrman

ReCALL ME MAYBE:Children’s Product Recalls

"We did not realize that her portable crib was recalled until the coroner told us.“ –Riley’s Mom

Toy-Related Deaths Among Children < 15yo, 2010-2012

Infant Injuries• In 2012, estimated 77,900 ED-treated injuries

associated with nursery products among children < 5yo– 67% with cribs/mattresses, high chairs, infant carriers/car

seat carriers, and strollers/carriages – Falls were the leading cause of injury, and the head,

followed by the face, were the body parts injured most frequently

– Internal organ injuries, contusions/abrasions, and lacerations accounted for 73 percent of the injuries.

• Annual estimates of injuries associated with nursery products do not display a statistically significant trend over the five-year period 2008–2012

Infant Fatalities

• 333 deaths from 2008–2010 associated with nursery products among children < 5yo – 89% associated with cribs, bassinets, playpens, infant

carriers/car seat carriers and baby baths/bath seats– Causes of death included positional asphyxia,

strangulation & drowning, among others– In some instances, the fatalities were attributed to

the product; while in other cases, the fatalities resulted from a hazardous environment in or around the product

What is a Recall?• When the government & the manufacturer

remove a product from the market because it is dangerous and can hurt or kill a child

• However, even if the product is removed from store shelves very few steps are taken to remove the product from homes, childcare centers, secondhand stores and garage sales

• Millions of recalled products are still in use

USA Today 2/21/14 “Only 10% of recalled kids products fixed or returned.” by Alicia McElhaney

Children’s Product Recalls

• Typically more than 100 recalls on children's products alone each year

• 113 children’s products recalled in 2013• A 2014 report showed only 10% response rate

for child product safety recalls• It typically takes 13 reports of design flaws

and two injuries to recall products

Child-resistant packaging

• 1960s: Unintentional poisonings by both medicines and common household products were considered by most pediatricians to be the leading cause of injury to children < 5 yo

• About 500 deaths/year reported for children <5 yo due to accessibility of these chemicals

• Poison Prevention Packaging Act of 1970– Signed by Richard Nixon– Aimed to reduce the risk of poisoning in children via ingestion– Required the use of Child-resistant packaging for prescription

meds, OTC drugs, household chemicals & other hazardous materials

"The History of Poison Prevention". Arizona State Board of Pharmacy. Retrieved April 24, 2013

How a Toy becomes Recalled

• U.S. Consumer Product Safety Commission (CPSC) was created in 1972 to oversee consumer products

• Consumer Product Safety Improvement act in 2008 expanded scope and funding– Created in response to lead toy recalls in 2007– Created public database for all recalls– Redefined “children’s” products to all products intended for

use with children younger than 12 (previously younger than 7)

Defects

• Companies must report products if there is a defect found

• Defects can be the result of manufacturing error, design of product, or materials

• If a defect is there, the firm determines if is any potential harm from the defect– Firms must report whether or not they can

determine if there is harm

Reporting

• Either a company, retailer, or consumer can report• Reportable products include those which:– Fail to comply with safety rule already established– Contains a defect that poses safety risk– Creates unreasonable risk of serious injury or death

• Saferproducts.gov– Database established in 2008– Documents all complaints and recalls for a variety of

products

• Companies are required to report immediately– If risk is unknown can perform investigation for no

more than 10 days• Reports are confidential

CPSC Evaluation

• CPSC evaluates all claims sent to them• Determines if a defect is present and then assigns a hazard

rating– Class A: Exists when a risk of death or grievous injury or illness is

likely or very likely, or serious injury or illness is very likely – Class B: Exists when a risk of death or grievous injury or illness is not

likely to occur, but is possible, or when serious injury or illness is likely, or moderate injury or illness is very likely.

– Class C: Exists when a risk of serious injury or illness is not likely, but is possible, or when moderate injury or illness is not necessarily likely, but is possible.

• Hazard rating helps determine how quickly and aggressively the recall is done

Fast Track

• Companies can apply for a fast track • Coordinate with CPSC to implement a recall

plan within 20 days of filing a report• CPSC does not evaluate defect or hazard risk

initially, thereby allowing the recall to take place sooner

Recall

• Press release• News segment• Social media• Toll free number• Website• Email address

Warning Labels

"CAUTION: Do not ingest or inhale magnets.Attraction of magnets in the body may cause serious injury and require immediate medical

care.“

Duh?

Monitoring

• Monthly reports discussing amount of product remedies, injuries, number of people reached

• End of recall determined by CPSC

Famous Product Recalls

Pack & Plays• Recall of numerous models for potential

entrapment or suffocation caused by faulty side rail latches. For complete list can see CPSC website.

• http://www.youtube.com/watch?v=Yoq0SUH2zug

Lead paint in Toys• In 2006, a 4-year-old Minneapolis boy died after swallowing a toy made by

Reebok, which contained more than 90% lead.

• Since then, the Consumer Product Safety Commisson (CPSC) has overseen nearly 4 million voluntary recalls due to excessive lead in toys. – The overwhelming majority of those toys were made in China, which manufactures

80% of the toys sold in this country.

• The Ecology Center has compiled a database of more than 1,200 toys it tested for lead and other dangerous chemicals at www.healthytoys.org/home.php.

• Jewelry, also frequently made in China, has been the target of recalls. Since 2004, manufacturers have recalled more than 45 jewelry products due to excessive lead.

Buckyballs® & Buckycubes™

• While a great work companion & refrigerator artwork, when ingested they are deadly

• > 1,000 children have swallowed various brands of small magnets and required surgery

• Banned from commercial sale in 2010• CPSC is currently pursuing a stop-sale order

against Maxfield & Oberton, since the Bucky products are still being sold

• Also suing the owner, Craig Zucker after he dissolved the company

Recent State Legislation• In 2007, NJ enacted legislation prohibiting the sale of unsafe or recalled

children's products– Also requires the state provide a list of unsafe products on its Web site– Helps consumers and child care centers to identify and remove such products

• NY considered similar legislation in 2012, but those bills failed to pass• A bill that would prohibit the sale of toys, jewelry, or novelties that contain

lead was passed in 2008 by NY house & senate but vetoed by Gov Spitzer– Argued that the state has limited ability to enforce such a law– Also that the law may give the public a false sense of security about the safety of

such products• Seven other states (AR, IL, LA, MI, MO, RI, VT) have also passed children's

product safety legislation in years past• AZ, CA, CO, OR, PA and WA have enacted legislation specifically addressing

unsafe cribs

Last Weeks’s Recalls

• Graco Child Seat harness buckle – 2/12/14• Go Gaga Teething toys – 2/20/14• BebeLove walkers – 2/6/14• Nap Nanny infant recliner • Baby monitor power cords• Children’s wall-mounted lamps• Hip hammock• Baby rattles

Where can you find information?

AAP News - Health Alerts

Is there an app for that?

Advocacy Groups

• Kids in Danger• Juvenile Product Manufacturers Association

Kids In Danger

• Nonprofit organization dedicated to protecting children by improving children’s product safety

• Founded in 1998 by the parents of sixteen-month-old Danny Keysar who died when a portable crib collapsed around his neck

• Involved in legislation & litigation• Educates parents on 3 Steps to Safety

1. Learn About Recalls2. Search Your Home3. Stay Alert

Juvenile Product Manufacturers Association

• Founded in 1959 in regards to a federal automotive tax imposed on car seat manufacturers Now a national trade organization

• Represents 250 companies in US, Canada & Mexico• 95% of the prenatal to preschool industry• Dedicated to enhancing children’s product safety– Safe & Sound For Baby – Baby Safety Month

For those of you with kids, Search Your Homes!

Questions?

References

1. CPSC website2. National Highway Traffic Safety Administration website3. Consumer product releases4. iTunes store