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Water beads are super-absorbent polymer chemical spheres sometimes marketed as toys or for “sensory” play. Unfortunately, children have been known to ingest water beads, which have led to multiple life-threatening obstructions and even death. Despite “non-toxic” labels, recent research demonstrates that water beads can be toxic due to bead-to-bead inconsistencies. In 2023, CPSC announced that evidence demonstrated acrylamide toxicity in some water bead products. In December 2023, Amazon and other retailers announced a commitment to stop selling water beads.

“Disappointingly, water bead products are still easily accessible on the online platform,” said Courtney Griffin, Director of Consumer Product Safety. “Today’s report underlines many of the serious challenges CPSC faces in its mission to protect consumers, especially when third-party sellers ignore CPSC outreach or disappear. In this case, the companies have failed to respond to CPSC’s requests for recalls, placing consumers at risk.”

Congressman Frank Pallone, Jr. (D-N.J.) introduced legislation to ban water beads marketed for children last year. Representative Robin Kelly (D-Ill) and Representative Britney Pettersen (D-Colo.) co-sponsored the legislation.  The Ban Water Beads Act would direct the CPSC to enforce such a ban. The New Jersey Assembly Consumer Affairs Committee also advanced legislation last year that prohibit the sale of water beads in New Jersey.  In September 2023, Senator Richard Blumenthal (D-Conn.) called on the CPSC to remove water beads from the market, especially water beads sold as toys for children.

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Water Beads: A Serious Safety Risk

Water beads are water-absorbing balls, often brightly colored, and sold as toys or sensory products. Water beads present a serious ingestion risk to children because the product expands significantly and has lead to lifelong injuries and death. In 2023, CPSC announced that evidence demonstrated acrylamide toxicity in some water bead products.

In December 2023, Amazon and other retailers announced a commitment to stop selling water beads. Disappointingly, water bead products are still easily accessible on the online platform.

Today’s warnings confirm that water beads continue to pose a serious health and safety risk to consumers, especially children.

Constraints on CPSC Hurt Consumers, Protect Industry

CPSC is tasked with protecting the public from unreasonable risk of injury and death from more than 15,000 product categories. Despite the scope and importance of its work, the CPSC’s budge is substantially smaller than any other federal consumer protection agency. Further, because of uncertainty about its budget and the expectation that its already small budget will be cut further, CPSC’s safety efforts are slowing.

Beyond its serious budgetary constraints, CPSC also has unique restrictions in its public disclosure of information. Section 6(b) of the Consumer Product Safety Act prohibits the CPSC from disclosing information about a consumer product that identifies a manufacturer or private labeler unless the CPSC has taken “reasonable steps” to assure that the information is accurate, the disclosure is fair and reasonably related to effectuating the purposes of the CPSC. As such, the CPSC must provide the manufacturer or private labeler with an opportunity to comment on the accuracy of the information, and the CPSC may not disclose such information for at least 15 days after sending it to the company for comment. The reality, however, is that the process between the CPSC and manufacturers or private labelers often takes many years before the information can be disclosed to the public. In the meantime, the hazardous or dangerous product is allowed to flood the marketplace.

Unfortunately, sometimes companies do not respond to a request for a recall. In a recent speech, CPSC Chair Alexander Hoehn-Saric described foreign manufacturers utilizing e-commerce websites to sell products then ignoring CPSC outreach or disappearing. Under current leadership, the CPSC has begun to issue substantially more unilateral warnings to the public about hazardous products. CPSC unilateral warnings are an important tool for the CPSC but does not solve the issue of dangerous and hazardous products already in homes.

Liability Challenges

As online shopping becomes more prevalent, the number of third-party sellers on platforms like Amazon has risen considerably. In addition to the serious safety implications described above, injured consumers or their family may be unable to obtain a judgment against a third-party seller. Further complicating matters, courts have reached different conclusions about the liability of online platforms.

What can you do?

• Throw away any water beads in your home and do not purchase water beads! Contact your daycares, schools, or therapy providers to share the dangers of water beads.
• Visit That Water Bead Lady to read more about Ashley Haugen’s advocacy and Kipley’s journey. Use That Water Bead Lady’s educational materials, which include a letter template requesting your school/therapy stop water bead use, a social media messaging guide, and information to share with your health care provider.
• Contact your elected officials. Let them know you support the CPSC and that it should be fully funded!
• Contact your elected officials. Let them know you support a ban on water beads.
• Urge elected officials to support the CPSC in its critical mission to make the marketplace more focused on consumer safety. Encourage elected officials to protect the CPSC from efforts to undermine its authority to keep consumers safe.  Let their elected officials know that consumers deserve timely information about the potential hazards in their homes.
• Urge your elected officials to support the CAP Act, which would raise the statutory caps on CPSC civil penalties to deter future bad behavior, especially form large corporations.
• Report any consumer product incidents to CPSC at SaferProducts.gov.

The post New Warning That Water Beads May Pose Risk of Toxicity to Children appeared first on Consumer Federation of America.

• 55 percent of the tip-over fatalities reported to CPSC from 2013 through July 2023 involve children between 1 and 3 years old.  
• 47 percent of the fatalities from 2013 through July 2023 involve a TV.  
• According to the CPSC, among the children fatalities in which race/ethnicity is known, Black non-Hispanic children account for 32 percent of the deaths despite comprising only 14 percent of the U.S. population of children.  
• There has been an increase in tip-over injuries impacting adults 60 years and older, growing from 1,800 emergency department-treated injuries in 2013 to 4,300 emergency department-treated injuries in 2022. 

Pursuant to the bipartisan Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act, the CPSC adopted a mandatory standard for clothing storage units, such as dressers. The new rules went into effect on September 1, 2023. Unfortunately, the mandatory requirements only impact clothing storage furniture made after September 1, 2023. Non-compliant clothing storage units made before September 2023 can still be sold in stores and online. Further, the rule only addresses clothing storage units, such as dressers, but does not impact other unstable furniture or TVs. 

On January 11, 2024, CPSC announced a recall of plastic furniture tip resistant kits because the zip-tie in the plastic device can become weak and break over time, posing a fatal risk to children and consumers.  

Furniture and TVs continue to pose a serious hidden hazards in homes across the country. Manufactures must do more to prevent future tragedies, and the CPSC must robustly enforce its safety rules. 

This Super Bowl Sunday, ensure your home is safe and follow the tips below: 

• Check your furniture, TVs, and appliances! Consumers, especially caregivers, are strongly encouraged to anchor their furniture and TVs to the wall. 
• Properly install and wall mount TVs high enough to prevent young children from grabbing it. If wall mounting a TV is not possible, use anti-tipping devices, check the stability of your TV stand/furniture, and anchor all furniture. 
• Do not place TVs on dressers or other furniture that children can climb. 
• Do not place items on top of furniture that children may want to climb to reach, such as toys or TV remote control. 
• Visit the websites for Parents Against Tip-Overs and CPSC’s Anchor It! campaign for more information about unstable furniture, televisions, and appliances. 
• For consumers purchasing new clothing storage furniture, remember that non-compliant furniture manufactured before September 1, 2023, will remain available for purchase. Consumers should ask sellers whether a piece of furniture meets the 2023 version of the ASTM F2057 standard (codified at 16 CFR part 1261). 
• Remind friends and family to anchor their furniture and TVs to prevent tragedy. 
• Share any incidents of furniture tip-overs or tip-over devices failing with CPSC at gov. 

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Earlier this month, the Supreme Court heard oral argument in connection with the cases Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which challenged the Chevron deference doctrine. Based on the nature of their inquiries and remarks, the Supreme Court’s six conservative justices indicated that they may very well upend Chevron deference. Such a ruling would hamper federal agencies from continuing to do their important work, give corporations the ability to effectively gridlock policymaking, and ultimately, eliminate important safeguards for American consumers. 

This blog provides some examples of how overturning Chevron deference could adversely impact each key issue area that the Consumer Federation of America focuses on. We aim to shed light on the potential challenges and setbacks in advocacy and policy enforcement and emphasize the critical role that Chevron deference plays in supporting the work of federal agencies.  These potential impacts underscore the importance of maintaining Chevron deference for the continued protection and promotion of consumer interests and well-being. 

Food Safety  

Food safety advocates understand all too well that consumers face a gauntlet of preventable harms in the food system not so much because federal regulators enact bad policies, but because they do not take any action at all. Cronobacter in infant formula, dangerous Salmonella in poultry, literally thousands of chemicals in food with unexamined safety records, alcoholic beverage labels that fail to disclose ingredients, allergens and other basic facts—all of these problems and more require new rulemaking, which regulated industry may challenge in court. Despite Chevron deference, the industry and its throngs of well-paid lawyers often prevail, and years of work can go down the drain. Decades of regulatory dysfunction may follow, as has happened in the wake of a federal court of appeals ruling that invalidated the Department of Agriculture’s rules on Salmonella in meat and poultry in 2001. Indeed, USDA’s failure to protect consumers from foodborne illness has become so dire that several large companies have joined consumer groups in support of reform. Many factors undoubtedly contribute to regulatory inertia—a conflicted mission at USDA, a culture of timidity at the U.S. Food and Drug Administration, the revolving door between industry and regulatory agencies in general, the list goes on. However, should the U.S. Supreme Court rule that regulatory agencies are even more susceptible to second-guessing from the courts, the tendency to use litigation risk as an excuse for inaction will grow, and consumers will pay the price.   – Thomas Gremillion

Investor Protection 

A potential U.S. Supreme Court decision in Loper Bright to unravel the Chevron doctrine poses a significant threat to the Securities and Exchange Commission’s (SEC’s) ability to protect investors from bad actors, promote market integrity and fairness, and ensure investors have the information they need to make informed decisions.  At a time when markets, technology, and financial risks are evolving rapidly—perhaps unprecedentedly so given the rise of artificial intelligence, the risks of climate change, and the growth of cryptocurrencies—it is imperative that the SEC keeps pace. Upending Chevron would fundamentally jeopardize the SEC’s ability to do so. 

Even now, the SEC’s investor protection efforts continually face the threat of litigation from industry opponents. If the Court tips the scales even further by limiting the SEC’s authority to interpret and apply the securities laws, then the prospects for strong, lasting investor protections would only get worse.  Policing our markets and protecting investors from misconduct demands a level of expertise and precision that only the SEC possesses, and that neither courts nor Congress can match. Limiting the SEC’s ability to exercise its authority would only serve to harm investors, diminish market integrity, and destabilize our financial system. – Micah Hauptman / Dylan Bruce

Housing 

The overruling on Chevron deference would have far-reaching consequences for the ways Americans are housed. Over the last forty years, this jurisprudence has supported the ability of federal agencies to effectively regulate American corporations and protect consumers. Within housing this includes the ability of agencies to implement federally- mandated rental protections and housing counseling, offer fair housing oversight, enforce federal emission and building standards, and protect homeowners against exploitative mortgage products. For example, in 2023, after years of collaboration between three federal banking agencies (the FDIC, Federal Reserve Board, and OCC) and several rounds of vigorous public input, new, modernized rules interpreting the 1977 Community Reinvestment Act were released: a deeply collaborative product that responds to the unique realities of banking and community development today.

The overruling of Chevron risks making these types of rulemakings all but impossible and allows the worst acting corporations and their trade groups to gridlock policymaking by tying decisions up in courts. By contrast, federal agencies are led by politically appointed leaders, are accountable to Congress, and staffed by policy experts who often bring decades of experience. It is essential that we allow federal agencies to continue to do their important work and make sure that American consumers live in safe and affordable homes, are protected against housing discrimination, and can rely on fair and transparent mortgage products. – Sharon Cornelissen

Product Safety  

The U.S. Supreme Court’s decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce could undermine consumer safety and health.  The potential safety ramifications are enormous and could implicate vehicle safety standards, phthalates concentrations in children’s toys, drugs, medical devices, and so much more. The federal agencies tasked with ensuring public health and safety rely on their agencies’ vast technical and scientific expertise. Subject matter experts can include engineers, epidemiologists, chemists, and other complex fields. Neither Congress nor judges have access to the expansive technical expertise of federal agencies. Unlike the judicial system, federal agencies provide the public with the chance to comment on proposed regulation. As such, health and safety agencies can utilize critical information from product safety professionals and safety advocates. The foundational principle of Chevron enables agencies to keep consumers safe and healthy. – Courtney Griffin 

Consumer Protection 

The Chevron doctrine correctly defers to subject matter experts at agencies like the Federal Trade Commission who live and breathe consumer protection on a daily basis and who are accountable to the public through legislative oversight and extensive transparency requirements. If the Supreme Court strikes down Chevron, inexperienced and uninformed political appointee judges can freely question regulatory interpretations and create harmful case law that is difficult to overturn. Such a decision will inevitably erode longstanding, strong safeguards that keep Americans safe, healthy, and shielded from predatory and fraudulent practices. – Erin Witte  

Financial Services  

Without Chevron deference, the current practice of permitting regulators to interpret regulatory ambiguities in consumer financial protection law will make consumers vulnerable to discrimination and undermine innovation in the marketplace. 

In almost every facet of our economy, technology is disrupting business practices and permitting new risks to consumers. Since the 19th century, commercial banking has been understood to consist of lending money, taking deposits, and paying checks. A judge with experience in banking law should readily grasp the meanings of those activities and their implications for our economy. On the other hand, emerging technologies require policy professionals with a deep understanding of highly technical topics. Federal regulatory agencies employ these experts. Their wisdom benefits policymaking. 

Addressing discrimination in artificial intelligence is among the developments likely to require deep understanding as a precondition for successful regulatory implementation of existing banking laws. Even an attorney with a career of experience in fair lending law would be challenged to evaluate the fairness of an AI-driven algorithm, for example. The Equal Credit Opportunity Act (ECOA), the Fair Housing Act (FHA), the Fair Credit Reporting Act (FCRA) and the Federal Trade Commission Act (FTCA) are among the laws whose fairness standards can be applied to algorithmic decision-making in lending and lending-adjacent activities. 

 Inaction by the institution with authority for AI governance, be it a regulator or the Courts, will lead to problems for all affected stakeholders. Consumers will be vulnerable to discrimination and without regulatory clarity, lenders will be anxious to try AI out of fear of legal jeopardy. Markets need clarity on how fairness is defined and measured and even on how to identify protected class status when lenders are prohibited from soliciting demographic information directly. The Supreme Court must uphold the principle of Chevron deference. – Adam Rust   

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“Consumers deserve safe products,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “Civil penalties are an important tool to discourage manufacturers from taking risks that hurt or kill consumers. We applaud Senator Welch and Congresswoman Schakowsky for introducing this legislation, which will protect consumers and ensure the Consumer Product Safety Commission can hold companies accountable.”

“One of the CPSC’s more important roles is keeping children safe from dangerous products,” stated Nancy Cowles, Executive Director of Kids In Danger (KID). “Removing the artificial cap on multiple violations will allow CPSC to structure penalties that deter future violations and sends a strong message that children’s safety should be a top concern of all manufacturers.”

Just this year, CPSC demonstrated the importance of civil penalties. Generac Power Systems, Inc. agreed to pay $15,800,000 after failing to promptly report a defect in its portable generators that resulted in the amputation and disfigurement of users’ fingers. Further, Peloton agree to pay $19,065,000 for failing to report defects in a treadmill that lead to a child’s death. The CAP Act will allow the CPSC latitude when it considers factors related to civil penalty assessments and ensure that civil penalty amounts reflect the severity of violations and deters future violations.

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Consumer Federation of America (CFA) is an association of nearly 250 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.

Kids In Danger (KID) is a nonprofit organization dedicated to protecting children by fighting for product safety. Our mission is to save lives by enhancing transparency and accountability through safer product development, better education, and stronger advocacy for children.

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“Year after year, CFA has found that the percentage of children dying in OHV-related incidents is alarming,” said Courtney Griffin, CFA’s Director of Consumer Product Safety.  “It is devastating to see toddlers included in this statistic.”

“All OHVs, even youth models, pose risks,” said Dr. Gary Smith, President of the Child Injury Prevention Alliance. “OHVs are fast, complex machines, and due to their design, they roll over easily. One wrong choice could lead to the emergency department or worse. Children younger than 16 years just aren’t ready for the demands of safe riding, so we encourage parents to find a different activity for their child.”

According to the 2023 fatality data, OHV fatalities disproportionately occur on-roads.  Last year, 67% of OHV deaths occurred on-road.  Even industry groups have opposed the use of OHVs, including All-Terrain Vehicles (ATV), on roads because the vehicles are not designed, manufactured, or intended for use on public streets, roads, or highways.  Unfortunately, roadway crashes are more likely to involve multiple fatalities, collisions, and head injuries. Victims in roadway crashes are less likely to wear protective gear, such as helmets, and were more likely to be carrying passengers, both things that are risk factors for ATV-related fatalities and injuries.

CFA has been working to minimize deaths and injuries from OHVs for decades by petitioning the Consumer Product Safety Commission (CPSC) to ban adult-size ATVs for children, convening a coalition to prevent OHV road access, compiling fatality information in real time with that coalition, and urging the CPSC to collect annual Recreational Off Highway vehicle (ROV) data among other requests to take steps to reduce OHV deaths and injuries.

CFA urges consumers to take the following seven critical steps to reduce OHV deaths and injuries:

• Never operate an OHV on a road.
• Never permit children younger than 16-years-old to operate an adult-size OHV or any OHV that is too large or too powerful for them.
• Always wear a helmet and other protective gear when riding an OHV.
• When riding an OHV that contains seatbelts, always wear them.
• Never allow more people on an OHV than it was designed to carry.
• Never ride when under the influence.
• Take a hands-on safety course.

Our partners at Prevent Child Injury have issued an important ATV safety toolkit aimed specifically at helping parents learn about the risks of children using ATVs. If consumers have experienced an incident or injury involving an OHV, reports can be submitted to the CPSC at www.cpsc.gov.

CFA makes all tracked OHV fatality data available on our website.

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Furniture and television tip-overs are a significant hidden hazard in American homes. Between 2000 and 2021, there have been at least 592 fatalities linked to tip-over incidents, of which 482 were children. An annual average of 19,400 emergency department-treated injuries were associated with tip-over incidents between 2019 and 2021.

After years of hard work by parent advocates and consumer groups, President Biden signed the Stop Tip-overs of Unstable, Risk Dressers on Youth (STURDY) Act into law in 2022. The STURDY Act, which only addressed clothing storage units like chests, dressers, and armoires, went into effect on September 1, 2023. However, non-compliant clothing storage units made before September 2023 can still be sold in stores and online.

Unfortunately, most homes in America still contain unstable furniture, despite the STURDY Act’s life-saving changes. Parent advocates, consumer groups, and the CPSC have urged consumers to protect against this deadly, hidden hazard by anchoring all furniture, televisions, and appliances. The recall of New Age’s zip-tie plastic kits presents another safety challenge.

“While PAT has always advocated for properly anchoring all furniture with drawers, doors, and shelves to the wall, it has long been a concern of many parent and consumer advocates that there is currently no mandatory testing standard for furniture anchors,” said Kimberly Amato, Vice Chair Parents Against Tip-Overs, who also currently leads efforts at ASTM to update requirements for anchoring devices. “Properly anchoring your furniture to the wall is vital to prevent tip-overs. This recall makes it clear that the type of anchor you use matters. We applaud this recall and strongly encourage all furniture anchor manufacturers to test their anchors for real-world use to ensure they work as intended.”

“If you have any dressers in your home that came with plastic zip-tie type anchors or any furniture currently using this type of anchor, participate in this recall and replace that faulty anchor,” urged Nancy Cowles, Executive Director of Kids In Danger. “And please, if you have any incidents of tip restraints failing or furniture tipping, report it at SaferProducts.gov. Your action will keep other children safe.”

“While an important safety tool, furniture anchoring is underused and imperfect,” says Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America.  “It is not a consumer’s burden to make furniture safe and stable. This recall is another reminder that companies selling furniture, televisions, and appliances must do everything in their power to prevent tip-over tragedies.”

Consumers should contact Alliance4Safety toll-free at 855-416-7370 anytime or online at www.alliance4safety.org/new-age-recall or www.alliance4safety.org and click on “New Age Recall Information” for more information.

CFA and KID strongly urge consumers to follow the recommendations below to ensure their home is safe:

• Check your furniture, televisions, and appliances! Consumers, especially caregivers, are strongly encouraged to anchor their furniture and televisions to the wall.
• Visit the websites for Parents Against Tip-Overs and CPSC’s Anchor It! campaign for more information about unstable furniture, televisions, and appliances.
• For consumers purchasing new clothing storage furniture, remember that non-compliant furniture manufactured before September 1, 2023, will remain available for purchase. Consumers should ask sellers whether a piece of furniture meets the 2023 version of the ASTM F2057 standard (codified at 16 CFR part 1261).
• Remind friends and family to anchor their furniture and televisions to prevent tragedy.
• Share any incidents of furniture tip-overs or tip-over devices failing with CPSC at gov.

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Consumer Federation of America (CFA) is an association of nearly 250 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.

Kids In Danger (KID) is a nonprofit organization dedicated to protecting children by fighting for product safety. Our mission is to save lives by enhancing transparency and accountability through safer product development, better education, and stronger advocacy for children.

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Water beads are super-absorbent polymer chemical spheres sometimes marketed as toys or for “sensory” play. According to That Water Bead Lady, a nonprofit raising awareness about water bead dangers and providing guidance to impacted families, water beads can grow 1,500 times their size when placed in liquid. Unfortunately, children have been known to ingest water beads, which have led to multiple life-threatening obstructions and even death.  The Consumer Product Safety Commission (CPSC) estimates that 7,800 emergency room visits from 2016 to 2022 were associated with water beads. Even when medical treatment is sought, parents have shared heartbreaking stories about incorrect diagnoses and the inability of X-rays to observe water beads.

Despite “non-toxic” labels, recent research demonstrates that water beads can be toxic due to bead-to-bead inconsistencies. CPSC staff tested water beads for acrylamide and detected levels of the known carcinogen and neurotoxin. The test results confirmed the experiences and worst fears of Ashley Haugen, founder of That Water Bead Lady. Haugen’s one-year-old daughter, Kipley, somehow swallowed a water bead, even though the baby had never been allowed to play with the beads and the family never witnessed her swallow one. As a result, Kipley was rushed into emergency exploratory surgery, during which doctors found water bead material blocking the baby’s small intestine. The family’s horrific ordeal didn’t end there. Kipley began to experience development delays. She was ultimately diagnosed with toxic brain encephalopathy, a brain injury resulting from chemical exposure.

Haugen’s story demonstrates one of the more horrifying features shared by affected families: how easily water beads scatter and roll. Even when parents provide adult supervision during an older child’s play and store water beads out of the reach of younger children, the beads roll, hide, and can be undetectable on flooring.  Injuries from water beads have occurred in cases where the beads have not been used by older children in the home for over two years.

“Water beads represent a massive threat, one that’s invisible until it’s too late. I know this firsthand because the beads left my daughter with life altering injuries and a scar on her stomach she will carry for the rest of the life,” said Ashley Haugen, founder of That Water Bead Lady. “As parents we aim to ensure our homes are safe havens, not places where danger lurks in disguise. Watching companies take a proactive stance sets a precedent for corporate responsibility in child safety. It’s a move that not only saves lives but also builds trust among consumers. When parents and corporations work together, we can create a safer world for our children. Action sends the message that child safety is a priority for us all.”

“There are too many heartbreaking stories about children ingesting water beads and suffering life-altering injuries or death,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “We support commitment from companies to stop the sale of these incredibly dangerous products to children. We also urge continued and robust action from companies and policymakers to ensure no other children are put at risk.”

Last month, Congressman Frank Pallone, Jr. (D-N.J.) announced legislation to ban water beads marketed for children.  Representative Robin Kelly (D-Ill) and Representative Britney Pettersen (D-Colo.) co-sponsored the legislation.  The Ban Water Beads Act would direct the CPSC to enforce such a ban.  This week, the New Jersey Assembly Consumer Affairs Committee advanced legislation that would prohibit the sale of water beads in New Jersey.  In September, Senator Richard Blumenthal (D-Conn.) called on the CPSC to remove water beads from the market, especially water beads sold as toys for children.

No warning can ever make water beads safe for children.  We appreciate steps taken by some major retailers to prohibit the sale of water beads for children, but more must be done to ensure no other child suffers grave injury or death because of a toy.

What can you do?

• Throw away any water beads in your home and do not purchase water beads!
• Contact your daycares, schools, or therapy providers to share the dangers of water beads.
• Visit That Water Bead Lady to read more about Ashley Haugen’s advocacy and Kipley’s journey.
• Use That Water Bead Lady’s educational materials, which include a letter template requesting your school/therapy stop water bead use, a social media messaging guide, and information to share with your health care provider.
• Follow That Water Bead Lady on social media platforms.
• Contact your elected officials. Let them know you support a ban on water beads.
• Read about Consumer Reports’ investigations into the dangers of water beads.  Learn more about Consumer Report’s advocacy efforts and support their petition to ban the product.
• Share Kids In Danger’s infographic about the perils of water beads.
• Read Kids In Danger’s two-part interview with Ashley Haugen of That Water Bead Lady.
• Read CPSC’s safety materials on water beads.
• Report any incidents to CPSC at SaferProducts.gov.

The post Major Retailers Agree to Stop Sale of Water Beads to Children appeared first on Consumer Federation of America.

“Water beads represent a massive threat, one that’s invisible until it’s too late. I know this firsthand because the beads left my daughter with life altering injuries and a scar on her stomach she will carry for the rest of the life,” said Ashley Haugen, founder of That Water Bead Lady.  “As parents we aim to ensure our homes are safe havens, not places where danger lurks in disguise. Watching companies take a proactive stance sets a precedent for corporate responsibility in child safety. It’s a move that not only saves lives but also builds trust among consumers. When parents and corporations work together, we can create a safer world for our children. Action sends the message that child safety is a priority for us all.”

According to the Consumer Product Safety Commission (CPSC), approximately 7,800 emergency room visits from 2016 to 2022 were associated with water beads.  Injuries have led to multiple life-threatening obstruction, surgeries, and even death.

“There are too many heartbreaking stories about children ingesting water beads and suffering life-altering injuries or death,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America.  “We support commitment from companies to stop the sale of these incredibly dangerous products to children.  We also urge continued and robust action from companies and policy makers to ensure no other children are put at risk.”

Last month, Congressman Frank Pallone, Jr. (NJ-06) announced legislation to ban water beads marketed for children.  The Ban Water Beads Act would direct the CPSC to enforce such a ban.  This week, the New Jersey Assembly Consumer Affairs Committee advanced legislation that would prohibit the sale of water beads in New Jersey.

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Consumer Federation of America is an association of nearly 250 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.

That Water Bead Lady is a nonprofit organization committed to raising awareness about the dangers of water beads and providing guidance to families impacted by product-related injuries.

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There are about 3,400 sleep-related deaths among babies in the U.S. each year, and many deaths can be linked to unsafe sleep environments. Senator Blumenthal’s letters come after the largest professional association of pediatricians in the U.S. consistently warned about the use of weighted sleep products for infants.  In its 2022 evidenced-based safe sleep recommendations, the American Academy of Pediatrics (AAP), recommended against the use of weighted blankets, weighted sleepers, weighted swaddles, or other weighted objects on or near sleeping infants.  Earlier this year, AAP urged the U.S. Consumer Product Safety Commission (CPSC) to conduct vigorous oversight on all weighted sleep products marketed for infants and children, and it expressed its serious concerns about weighted infant sleep products.

In this week’s letters to Dreamland Baby and Nested Bean, Senator Blumenthal took issue with the companies’ claims that the products were developed in partnership with doctors, despite the AAP’s clear opposition to such products. Concerningly, Senator Blumenthal’s letters identified that an infant’s impaired arousal from sleep may contribute to the risk of Sudden Infant Death Syndrome (SIDS). As such, a product designed to decrease arousal from sleep, like a weighed sleep product, may inhibit an infant’s natural ability to rouse themselves and put the infant at a greater risk for SIDS.

Senator Blumenthal also raised the concern that infants’ ribcages are not ossified and pressure on their chests may affect breathing and heart rate. He also discussed the biological need for infants to feed frequently due to their small stomach size. Senator Blumenthal’s letters requested, among other things, answers from Dreamland Baby and Nested Bean about reports of any incidents/injuries linked to the products, information about medical experts consulted, research or studies conducted, and consumer education materials about the need to wake up young infants every few hours to feed.

Senator Blumenthal is not the only one raising concerns about weighted infant sleep products. The Center for Disease Control and Prevention warns that weighted products – like weighted sleepers, weighted swaddles, and weighted sleep sacks, and weighed blankets – are not safe for infants. The CPSC also recommends against the use of weighted infant products.

According to Michelle Barry of Safe Infant Sleep, a nonprofit organization that distributes evidence-based information about sleep safety to caregivers and provides peer-to-peer support, there are other potential concerns with weighted infant sleep products, including the weighted items working against a baby’s ability to reposition themselves when rolling.  Further, the beads or poly pellets used to add weights can also present a hazard to children.  “Many consumer reviews have relayed that beads spilled out without much use, creating a potential aspiration risk,” Ms. Barry said.  “The CPSC banned pillows filled with these beads years ago due to the similar risk and is also why stuffed animals that are filled with similar materials aren’t intended for children under 3. Allowing products intended for sleep, when there will be no supervision to prevent such a hazard, is extremely dangerous.”

“Caregivers of infants and babies have so much to think about and are already stretched so thin,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “Caregivers should be able to trust that the products marketed and sold for infant sleep are safe.  Unfortunately, that is not always the case. Consumer Federation of America celebrates Senator Blumenthal’s continued attention to product safety.  We welcome his inquiry into weighted infant sleep products.  The lives of children are more important than a company’s bottom line.”

Ms. Barry stated, “Allowing products intended for sleep, when there will be no supervision to prevent such a hazard, is extremely dangerous.”

Want more information?

• Remember the ABCs of safe sleep! Babies should always sleep Alone, on their Back, in a safe Crib (or sleep space).
• Visit Safe Infant Sleep for more evidenced-based information on safe sleep basics, Sudden Infant Death, and other resources.
• Read AAP’s evidence-based infant sleep recommendations, as well as AAP’s research on the issue.
• Learn about creating a safe sleep environment with the Safe to Sleep Interactive Safe Sleep Environment Tool.
• Check CPSC’s website for recalls at gov and sign up to receive recall notifications.
• Learn about the various facets of CPSC’s work or contact the CPSC’s Consumer Ombudsman, who is dedicated to helping the public understand how the CPSC works.
• Urge elected officials to support consumers and the caregivers of young children with safer products.
• Urge elected officials to support the CPSC in its critical mission to make the marketplace more focused on consumer safety. Encourage elected officials to protect the CPSC from efforts to undermine its authority to keep consumers safe.  Let their elected officials know that consumers deserve timely information about the potential hazards in their homes.

The post Weighted Infant Sleep Products Continue to Raise Serious Safety Concerns appeared first on Consumer Federation of America.

CPSC identified 154 infant fatalities from January 1, 2010, to December 31, 2022, involving infant pillows.   92% of those fatalities involved an infant sleeping in or on the nursing pillow. The fatality data is clear: many nursing pillows on which deaths occurred are conducive to uses other than caregiver-led feeding, such as infant sleep or propping an infant, because of how some of the nursing pillows are shaped with small openings and long side arms.  For this reason, CFA and NCHR urge the CPSC to consider an angularity performance requirement to ensure that there is no reasonable way on which to prop or lounge a baby on a nursing pillow.

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About nine children 8 years old and younger die every year from window coverings with long, hazardous cords.  From January 2009 through December 2021, the CPSC reported that there were more than 200 incidents involving children, many on custom products with failed safety devices.  For over two decades, parent and consumer organizations persistently worked to eradicate strangulation hazards posed by window coverings because the solution is clear.  Responsible designs would eliminate the strangulation hazard.

In 2018, the window covering industry attempted, for the seventh time, to adopt a voluntary standard for cords on stock window coverings.  The standard did not address all hazardous cords and failed safety devices on custom window coverings.  Despite the serious and ongoing risk to children, manufacturers made an eighth attempt at a voluntary safety standard but refused to make evidence-based changes to custom window coverings that were recommended by safety experts and the CPSC.  Then CPSC stepped in.  In November 2022, the CPSC unanimously finalized a lifesaving window covering rule that eliminated the dangers associated with cords on custom window covering products.

“The heart of the matter for consumers to realize is for decades safety devices and child safety tips failed families who took precautions to keep their children safe,” said Linda Kaiser, founder of Parents for Window Blind Safety.   “The deadly designs of custom products are identical to the corded stock products industry eliminated in 2018.  The percentage of the custom online market is growing larger every year making it more affordable. Every blind that is produced today will remain in American homes for many years to come, perpetuating the hazard.”

Almost immediately after the CPSC finalized its lifesaving custom window covering rule, the Window Covering Manufacturers Association (WCMA) filed a lawsuit challenging the CPSC’s vital rule and arguing that it did not substantively advance child safety. In September 2023, the U.S. Court of Appeals for the D.C. Circuit vacated the CPSC’s lifesaving rule and remanded the issue back to the CPSC.

“The voluntary standard process for window coverings has failed children and their families for over two decades,” said Courtney Griffin, Director of Consumer Product Safety at CFA.    “WCMA’s obstructive tactics reflect a broader goal of regulated industries to undermine the authority of federal agencies whose mission it is to protect consumers.  We will continue to fight for safer products in our homes.”

Consumers, especially caregivers of young children, deserve a just marketplace.  The lives of children are more important than a company’s bottom line.  Parent advocates and consumer groups will continue to push for safer, fairer regulations that protect the most vulnerable in our homes.  Parent and consumer advocates call on the CPSC to navigate a path forward in the coming year that will ensure no other family suffers unimaginable tragedy because of failed safety devices on window covering cords.

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Parents for Window Blind Safety is a non-profit 501c3 that educates the public about the strangulation risk factors on window covering products, advocates for safer standards in the industry, and created the first window covering certification program in 2005, which certifies, tests, and promotes window coverings for safety.

Consumer Federation of America (CFA) is an association of nearly 250 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.

The post Voluntary Window Covering Safety Standard Fails to Protect Children appeared first on Consumer Federation of America.

Photo by Matt Brown on Unsplash

A recent court decision is a safety setback for children and families.  Despite decades old knowledge about the serious risk window coverings pose to the lives of children, the industry continues to deploy obstructive tactics.  As a result, unsafe custom window coverings continue to present a serious risk to children.

“The heart of the matter for consumers to realize is for decades safety devices and child safety tips failed families who took precautions to keep their children safe,” said Linda Kaiser, founder of Parents for Window Blind Safety.   “The deadly designs of custom products are identical to the corded stock products industry eliminated in 2018.  The percentage of the custom online market is growing larger every year making it more affordable. Every blind that is produced today will remain in American homes for many years to come, perpetuating the hazard.”

About nine children 8 years old and younger die every year from window coverings with long, hazardous cords.  From January 2009 through December 2021, the Consumer Product Safety Commission (CPSC) reported that there were more than 200 incidents involving children, many on custom products with failed safety devices.  For over two decades, parent and consumer organizations persistently worked to eradicate window coverings’ strangulation hazards because the solution is clear: responsible designs.

In 2018, the window covering industry attempted, for the seventh time, to adopt a voluntary standard for cords on stock window coverings.  The standard did not address all hazardous cords and failed safety devices on custom window coverings.  Manufacturers made an eighth attempt at a voluntary safety standard.  However, despite the serious and ongoing risk to children, manufacturers refused to make evidence-based changes to custom window coverings recommended by safety experts and the the CPSC.  Then the CPSC stepped in.  In November 2022, CPSC unanimously finalized a lifesaving window covering rule that eliminated the dangers associated with cords on custom window covering products.

Almost immediately, the Window Covering Manufacturers Association (WCMA) filed a lawsuit challenging the CPSC’s vital rule and arguing it did not substantively advance child safety.  At the same time, children continue to die from window coverings, including a 2-year-old in July 2023.  WCMA also argued the rule is invalid because the President can remove CPSC commissioners  only for cause.  Consumer Federation of America, Parents for Window Blind Safety, and other consumer groups filed an amicus brief in support of the CPSC and argued the rule reduced the unreasonable risk of injury and death to children.

In September 2023, the U.S. Court of Appeals for the D.C. Circuit vacated the CPSC’s lifesaving rule and remanded the issue back to the CPSC.  The Court had three main takeaways: (1) CPSC erred in how it complied with notice-and-comment rulemaking requirements; (2) CPSC’s cost benefit analysis is flawed because it didn’t rely on the price of custom products; and (3) CPSC chose an arbitrary effective date.  The Court did not consider WCMA’s constitutional challenge regarding CPSC commissioner removal.

What is lost in the Court’s decision, however, is that the CPSC, consumer groups, and parent advocate groups have worked for decades to address the serious risks posed by window coverings.  Yet time and time again, industry failed to adequately protect children and instead put profits first.   Children are still at risk.

“The voluntary standard for window coverings failed children and their families for over two decades,” said Courtney Griffin, Director of Consumer Product Safety at CFA.    “These obstructive tactics reflect a broader goal of regulated industries to undermine the authority of federal agencies whose mission it is to protect consumers.  We will continue to fight for safer products in our homes.”

Consumers, especially caregivers of young children, deserve a just marketplace.  The lives of children are more important than a company’s bottom line.  Parent advocates and consumer groups continue to push for safer, fairer regulations that protect the most vulnerable in our homes.  We call on the CPSC to navigate a path forward that will ensure no other family suffers unimaginable tragedy because of failed safety devices on window covering cords.

To advocate for consumer product safety, individuals and organizations can:

• Visit Parents for Window Blind Safety for more information about this important safety issue.
• Urge elected officials to support the CPSC in its critical mission to make the marketplace more consumer driven. Encourage elected officials to protect the CPSC from efforts to undermine its authority to keep consumers safe.  Let their elected officials know that consumers deserve timely information about the potential hazards in their homes.
• Learn about the various facets of CPSC’s work or contact the CPSC’s Consumer Ombudsman, who is dedicated to helping the public understand how the CPSC works.
• Exercise your rights and participate in agency rulemaking on regulations.
• Search reports and recalls/repairs of unsafe or potentially unsafe consumer products.
• Review CPSC’s safety education materials.
• Review CPSC’s injury statistics and technical reports.
• Learn about the voluntary standards process and get involved. Read this interview with Rachel Weintraub in which she reflects on her extensive experience in consumer advocacy and how that intersects with voluntary standards.  For more information on how to get involved, visit this site for how consumers can participate.

The post Custom Window Coverings Continue to Put Children at Risk appeared first on Consumer Federation of America.

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The new mandatory requirements are a result of the bipartisan Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act, which Congress passed in December 2022.  The U.S. Consumer Product Safety Commission (CPSC) will enforce the STURDY Act, and CPSC adopted the ASTM F2057-23 standard as a mandatory requirement that will now go into effect on September 1.  The STURDY Act came after many years of advocacy from parent-advocates and consumer groups for safer laws.  At least 234 people have been killed by furniture tip-overs from 2000 to April 2022.  At least three children died from furniture tip-overs this year.

Consumer Federation of America (CFA) and Kids In Danger (KID) warn consumers, however, that the mandatory requirements only impact clothing storage furniture made after September 1, 2023.  Retailers can still sell clothing storage units made before September 1, even though this furniture may not meet the lifesaving safety guidelines the CPSC adopted.  Further, the rule only addresses clothing storage units, such as dressers, but does not impact other unstable furniture or televisions.

“Manufacturers and retailers must do the right thing now and only sell clothing storage units that meet these critical safety standards. Business profits are not more important than children’s lives.  Children should not endure the fatal consequences of further delay,” says Courtney Griffin, Director of Consumer Product Safety at CFA.

“The dangers of unstable furniture have been apparent for years,” stated Nancy Cowles, Executive Director of KID. “Unstable furniture sold during this transition stage will lurk in homes for decades, likely leading to deaths and injuries.  All furniture sold now should meet the tough new standard.”

“Thanks to the collaborative efforts that led to the STURDY Act becoming law, starting today, manufacturers will finally be required to make dressers and other clothing storage furniture that must pass strong safety and stability tests and come with a furniture anchor,” says Kimberly Amato, Vice Chair of Parents Against Tip-Overs (PAT). “We strongly encourage parents to anchor all furniture with drawers, doors, and shelves to the wall as a secondary safety measure and for added protection from tip-over.”

CFA and KID urge consumers and caregivers to mitigate the risk of furniture tip-overs with the following tips:

• When purchasing new clothing storage furniture, ask if the product complies with the new safety requirements (ASTM F2057-23) under the STURDY Act.
• Anchor It! CFA and KID encourage caregivers to anchor all furniture to the wall, including furniture that is already in homes.  The new standard requires new clothing storage furniture to include anchoring kits, and consumers should use the kits to prevent tragedy.
• For more information about the importance of, and how to use anchoring kits, visit anchorit.gov.
• Report any furniture tip-over incidents to the CPSC at gov.

The post New Safety Standards Go Into Effect Friday That Will Prevent Child Injury and Death from Dresser Tip-Overs appeared first on Consumer Federation of America.