In a collective response to 120 separate toy recalls last year, 29 states have either proposed or passed their own toy safety laws banning chemicals like lead, phthalates, bisphenol-a and cadmium, among other measures. Those states include Alabama, Alaska, California, Connecticut, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Washington, West Virginia, Wisconsin, Vermont and Virginia.
The 29 different legislative packages present a problem for the toy industry and consumers, say those who oppose the state laws. “A hodgepodge of state standards in a global industry would only make toys less safe,” said Mary Sisson, owner of Kazoodles Toys, a store in Vancouver, Washington. They would also make it more costly for manufacturers, especially the smaller ones that supply the specialty toy industry, to do business in certain states. That would leave specialty toy retailers with little to sell.
The American Specialty Toy Retailing Association (ASTRA) and the Toy Industry Association (TIA) both advocate federal legislation and have been lobbying since February to temper the restrictions included in states’ toy safety laws. Their efforts succeeded somewhat in Washington state, which was scheduled to pass into law the strictest toy standards in the country on April 1. Governor Christine Gregoire did sign the measure into law, but vetoed two sections that took some bite out of the bill. Gregoire admitted that the bill needs “legislative fixes” and called for an advisory group comprised of parties from all sides of the issue to ensure that the bill meets “commonsense” requirements. “We must make sure we do not throw out the good with the bad toys,” she said.
Toy retailers and manufacturers found out about Washington’s proposed law by accident in January, and were left with little time for damage control. What’s happening in your state now? And how will it affect your business? If you find that toy safety legislation in your state does not factor in how the toy industry works, here are some tips from ASTRA that will help you state your case.
Organize. Seek out others in your state who are in the toy industry and invite them to join you in advocating commonsense laws for safe toys. Remember: uniform laws at the federal level are better than a hodgepodge of state laws. If you’re an ASTRA member, you can use the association’s directory to find industry members in your state. Keep an address list, and e-mail them regularly with updates.
Meet. A two-hour meeting that allowed retailers, reps and manufacturers to discuss their concerns was enough to galvanize a positive effort in Washington state.
Communicate with lawmakers. Letters, e-mails and phone calls can affect your representative’s vote.
Involve your customers. Put a petition or information sheets on your counter. Explain your position and give customers information that will make it easy for them to contact officials.
Stay positive. Remember: toy safety is your top priority. It’s always been a priority for everyone who makes or sells toys. Develop a message that clearly states your position. To help you, here’s ASTRA’s statement, which supports consistent, reliable national safety standards.
Parents need toys they can trust.
Parents, grandparents, child care providers, teachers, and other toy buyers need to know that the toys they purchase are safe for children, no matter where in the United States they buy them.
National standards are preferable to a patchwork of inconsistent state regulations.
The most effective way to ensure toy safety is through consistent and reliable national safety standards for all toys sold in the U.S. A patchwork of varying state regulations, some well-reasoned and others based on less rigorous analysis, will not achieve this important goal, and will not give parents and others reason to trust the toys they buy, the toys children receive as gifts, and the toys children use at away-from-home settings. Parents should not have to worry whether to let their children play with gifts they receive from grandparents in other states, or from what state the toys used in their children’s classrooms or at playdates in friends’ homes were purchased.
A state-by-state system puts undue burdens on small, family-owned businesses.
A system of confusing and non-uniform standards will place undue burdens on the small, community-based retail businesses that specialize in selling healthy, developmentally appropriate toys, especially when a system of national standards will more effectively achieve the safety goal. These businesses frequently collaborate with each other across state lines to provide just the right toy for a child’s particular needs, and many sell across state lines via their websites.
National standards ensure access to the healthy play children need.
Anything less than a thoughtful national solution to toy safety concerns will fail to protect our children adequately, and may unnecessarily limit their access to the healthy, constructive toys and play that many years of high-quality research have shown to be central to their healthy development.
We care deeply about toy safety and we support a federal solution.
ASTRA supports pending federal legislation that will create consistent and reliable national standards for toy design, material content, and safety testing. A federal solution to toy safety can provide uniform standards for all 50 states and consumer protection that is achievable, measurable and enforceable. These standards can give toy buyers confidence in the products they buy, wherever they are purchased in the United States.
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