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Keep the Focus on Consumers at the Consumer Product Safety Commission

The Administration has nominated Michael Baroody, Executive Vice President for the National Association of Manufacturers (NAM), as Chairman of the Consumer Product Safety Commission (CPSC). With his focus on product manufacturers, rather than on the safety of consumers, Baroody is the wrong choice to head the Commission. Congress must vote against Baroody’s nomination so that consumers like these will continue to have a voice in the Commission:

William Finley (Redding, California)

Four-year-old William Finley swallowed parts of his Magnetix-brand building set. The magnets have been shown to easily come loose, fall out, and get into the hands of young children. His doctors initially thought his appendix had burst but later discovered the real culprit – three tiny magnets in William’s intestines. William Finley suffered intestinal and abdominal scarring and injuries to other internal organs and his nervous system.

Despite a letter from William’s family to the manufacturer warning of the problem, the company took no action. A few weeks later, Kenneth Sweet, only 21-months-old, died from swallowing the Magnetix magnets. A CPSC recall report cites 1,500 incidents involving Magnetix set magnets, including one death and 29 serious intestinal and lung injuries in children.

The CPSC recalled almost eight million Magnetix X-treme Combo, Micro, and Extreme building sets but did not require stores to remove Magnetix toys from store shelves.

Daniel Keysar (Chicago, Illinois)

On May 12, 1998, 16-month-old Daniel Keysar was strangled to death at his licensed childcare facility when a Playskool Travel-Lite portable crib collapsed, trapping his neck in the "V" of its folded rails. He was found unconscious during naptime. They rushed him to the emergency room but he could not be revived. The portable crib featured two collapsible side rails which were intended to make the portable crib more portable and easier to carry. Instead, the side rails formed a strangulation hazard if the portable crib collapsed while a child was inside it. Neither the company nor the CPSC reached out to day care centers or the State of Illinois to inform them that the Commission announced a voluntary recall of these portable cribs.

Shortly thereafter, Danny's parents discovered that the Playskool Travel-Lite crib had been recalled by the CPSC in 1993. Three children died in these cribs before the recall and a fourth died in 1995. Danny became the crib's fifth victim. If the daycare had been informed of the recall, it would have immediately removed the defective crib and Danny Keysar would have celebrated his second birthday.

Zachary Tran (Vernon Hills, Illinois)

Michelle Tran drove her six-year-old son, Zachary Tran, and his two friends to soccer practice. While Zachary was standing on the field, the 18 x 6 foot, 186-pound goal fell, striking him on the back of the head. Paramedics were unable to revive him and Zachary was pronounced dead at a nearby hospital less than an hour later. The official cause of death was cardiac arrest due to massive head injuries. The soccer goal in use that day was designed to be anchored with up to four metal stakes, but they were not in place. If the soccer goal that fell on him during practice been properly designed to be tip resistant, Zachary would be alive today.

According to the CPSC, Zachary was at least the twenty-seventh person to die from a falling goalpost since 1979. The CPSC issued guidelines to reduce the risk of soccer goal tipovers, but it failed to issue a standard or any mandatory requirements. There are between 325,000 and 600,000 soccer goals in the United States, many of which are still considered unsafe.

Lee Ann Gryc (St. Paul, Minnesota)

Four-year-old Lee Ann Gryc was wearing100%-untreated cotton flannelette pajamas when she reached across an electric stove to shut off a timer. Her pajama top instantly ignited and she suffered second- and third-degree burns over her upper body. Lee Ann now has permanent scarring on over 20% of her body and she has required several painful skin grafting procedures.

Studies show that pajamas made of newsprint burned only slightly faster than the flannelette pajamas. The company was well aware of the garment's flammability since several other claims had been filed against it by consumers. A company official acknowledged that flannelette was not treated with flame-retardant chemicals due to cost concerns, even though such treatment was economically feasible. The CPSC is charged with administering and enforcing the Flammable Fabrics Act by ensuring that garments sold as children’s sleepwear (with limited exceptions) are either flame-resistant or labeled with warnings to remind parents that the clothing should fit snuggly.

Ironically, clothing that burns like newspaper will pass the current flammability test for adult clothing according to CPSC regulations. The test has been criticized by the National Fire Protection Association as imprecise and a misleading measure of flammability. As long ago as 1967, Members of Congress noted that people were given a false sense of security with the CPSC’s standard, inferring that anything then manufactured would be free from the dangers of flash flammability. Despite the criticism, the CPSC has not taken action to change the regulatory standard in over 30 years.

Iain Cunningham (Buffalo, New York)

Iain Cunningham was playing with the popular "Little People" toy line by Fisher-Price. After putting the toy in his mouth, it became lodged in his throat, obstructing his breathing. Iain lost consciousness and his mother was unable to give him mouth to mouth resuscitation due to the obstruction. By the time doctors re-opened his airway, it was too late – Iain had suffered irreversible brain damage. Today, he is severely crippled and mentally incapacitated for life.

In 1965, Fisher-Price decided to redesign their “Little People” line to make it more marketable and increase profits. Research showed that young children under the age of five are in the oral phase of development and will readily put objects into their mouths. Yet, Fisher-Price concluded that if they made the toys smaller, they would be more attractive to the parents of young children.

In 1991, Fisher-Price redesigned the figures to take on a significantly enlarged appearance (about twice the overall width of the originals). Although these figures are not any taller than the original line, they are much wider in an effort to protecting against children swallowing the toys. The CPSC has fined the company for not reporting the safety hazard of one brand within the “Little People” line, but the original “Little People,” which can still be bought and remain in people’s toy chests, have never been recalled.

Lova Bryte (Brandonville, West Virginia)

Seventy-year-old invalid, Lova Bryte, had suffered a stroke and required the assistance of a caretaker, Donna Miller. Lova would read her Bible everyday with her Sunbeam electric blanket-throw to keep her warm. One day Donna left the apartment to pick up Lova’s six-yearold granddaughter from school. She returned fifteen minutes later to see Lova’s blanket in flames and Lova screaming in pain. Donna desperately tried to beat out the flames but the fire quickly spread to the chair. Donna was forced to leave Lova in the apartment so that she could save Lova’s granddaughter from the flames. Lova eventually died in the fire.

In 1995, the CPSC opened an investigation into Sunbeam’s electric blanket line and in early 1997 Sunbeam was in negotiations with the CPSC over a product recall. The CPSC eventually requested that Sunbeam stop the sale of the product, but the company did not follow the suggestion. Despite the product’s changes in 2000 to include a more effective safety circuit, the CPSC never recalled the millions of older blankets, with higher incidents of fires, and these remain on the beds of consumers.

Devlin Bowman (Rock Springs, Wyoming)

Devlin Bowman, age six, woke up one morning screaming and bending over in pain.  Doctors detected that his intestines were swelling and twisting so they began exploratory surgery. They found that two tiny magnets he had swallowed from his Polly Pocket doll had attached in his intestine. The tiny magnets, smaller than a kernel of popcorn, are embedded in the dolls' hands and feet and glued to other accessories. These magnets have been shown to get caught in carpets where children can get them after the toys are put away. Fortunately, Devin survived surgery.

The CPSC recalled 2.4 million Mattel Polly Pocket play sets after receiving three reports of serious injuries to children who swallowed more than one magnet. This recall eventually lead to Mattel making quality enhancements and caused other groups in the toy industry to consider warning labels for all magnetic toys. Unfortunately, even with the CPSC’s voluntary recall, this measure is unlikely to be very effective in getting hazardous toys out of consumers’ homes.

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