Chicago Parent Magazine
by Megan Word
As a pediatrician and a mother of three, Barbara Johnston, M.D., has
always stayed well-informed about children's health and safety. "I consistently
used car seats, I always bought new baby furniture, and I never used dangerous
products like bath rings or walkers," she says. Then in 1998, one of her
patients was killed when his Playskool Travel-Lite crib collapsed, trapping
his neck in the rails. Johnston checked her own 3-year-old's crib--the
crib she had used since her 6-year-old was a baby. It was the same crib
that had killed her young patient. And it had been recalled by the manufacturer
five years earlier."I was shocked," says Johnston. "I'm a pediatrician,
and we get notices about recalls, but even I didn't hear about the recall
on the crib that killed him." Approximately 100 children's products are
recalled every year for safety reasons. But these recalls typically don't
happen until thousands of each product already have been sold. Many parents
and childcare providers continue to use these dangerous products, unaware
of the recalls and the potential dangers.How are products recalled? Why
don't parents always hear about them? And how do so many dangerous products
make it onto store shelves in the first place? The answers are surprising
and make it quite clear that when it comes to product recalls, what you
don't know can indeed hurt your child.
How is a product recalled?
Recalls are issued by the U.S. Consumer Product Safety Commission (CPSC),
an independent government organization created in 1972 to protect consumers
from dangerous products. The CPSC has the power to mandate safety standards
and to recall, or even ban, hazardous products. The recall process usually
begins when several consumers call the agency to complain about a product.
"Someone goes and talks to them about how and why the product is dangerous,"
explains Cassie Thorsen, a spokesperson from the Chicago office of the
CPSC. "Engineers will take a look at the product to determine if what happened
was just a one-time incident. We have to determine the potential for injury
and how serious that injury could be." If the product is determined to
pose a significant risk to consumers, the CPSC issues a recall and takes
action to pull the product from distributors, but months or even years
have passed since the product entered the market. It's not terribly difficult
to notify retailers that the recall has been issued, but it's nearly impossible
to reach all the consumers who already have bought the recalled products.
That's the best case scenario. More commonly, dangerous products are not
brought to the attention of the CPSC. In 1998, only 4,300 consumers called
the CPSC hotline to report hazardous products; that same year, 225,096
children were treated for injuries caused by faulty children's products.
Many people contact manufacturers instead. By law, corporations are required
to notify the CPSC within 24 hours of hearing about a potentially dangerous
product. Responsible companies will report complaints promptly, but not
every company can be counted upon to do so."Despite the law, the CPSC has
never been able to rely on manufacturers to report their own product defects,"
contends Marla Felcher, author of It's No Accident: How Corporations Sell
Dangerous Baby Products (Common Courage Press, 2001). In 1999, she says,
the CPSC's division of hazard identification and analysis spent close to
$7 million investigating complaints made to manufacturers who did not report
them to the CPSC. The CPSC, which has more than 15,000 types of products
under its jurisdiction, is frank about its own limitations. "We may or
may not investigate your product complaint," its website states. "We receive
about 10,000 reports of product-related injuries and deaths a year from
consumers and others. Due to our small staff size, we can investigate only
a few of them."
Because of the CPSC's relatively small staff and budget, it takes more
than one product-related injury to warrant an all-out investigation, and
there often is a lengthy delay in determining the risk. Meanwhile children
can continue to be injured or even killed by the same faulty product. How
many complaints does it take to warrant action? In 1998, Safety 1st received
more than 700 complaints about its Bouncing Buggy--a plastic car attached
to a rocking base--before the CPSC issued a recall, and it took a shocking
3,000 complaints and 200 reported injuries to initiate the recall of Cosco's
Geoby Two Ways tandem stroller in February of 1999.
The notification dilemma
Identifying a dangerous product is difficult, but pulling that product
from every home and store shelf is impossible, particularly when a product
has been on the market for months or even years before the recall is issued.
"Once a product is in distribution it's hard to get it back," says Thorsen
of the CPSC. The number of items affected by recalls is daunting. In 2000,
the CPSC recalled children's products at a rate of nearly two per week,
affecting an estimated 37 million individual items. Manufacturers and the
CPSC have a hard time getting the word out about all these products. Manufacturers
are required by law to release a joint press release with the CPSC when
one of their products has been recalled. But the wording of these releases
can be ambiguous, and child advocacy groups complain that dangers are often
downplayed. "The final recall notice is so watered down that it's difficult
for anyone to know with any degree of certainty how serious the problem
is," says Felcher.
These press releases are distributed to national media wires, as well
as major newspapers and radio and television stations. But unless there's
something especially notable about a particular recall, it's unlikely to
get much media attention. "The press doesn't always cover every single
recall, so that's not the most effective way to notify the public," says
Thorsen. "It's really a kind of whoever-hears-about-it-hears-about-it system."
Some companies also notify pediatricians and retailers when one of their
products has been recalled, but even these extra efforts seem weak when
compared to the emphasis put into advertising campaigns for their other
products. "The last thing manufacturers want is for news of a recall to
get too much attention," says Felcher. "In the short-term, well-publicized
recalls are expensive to carry out; in the long-term, they can invite product
liability lawsuits, damage a company's image, and erode shareholder wealth."
Product registration cards also are of limited use for notifying consumers
about recalls. "One of the problems we have is that most of the registration
cards are never returned," says Laurie Oravec of Fisher Price "People are
afraid they will be used for marketing." Some corporations have given up
on using registration cards for this reason. "Currently we do not put registration
cards with any products other than car seats," says Carol Dingledy of Cosco.
"We found the return rate was only between 10 and 15 percent."
Since neither the media nor manufacturers effectively inform consumers
about product recalls, many parents never find out that some of the products
in their homes are unsafe. According to a recent survey, 70 percent of
Illinois voters say they hear about recalls less than four times a year--that's
about three percent of the actual number of recalls.
The root of the problem
Recalls wouldn't be such a problem if there weren't so many dangerous
products. So why do so many unsafe children's products make it to store
shelves? "Many parents would be shocked to learn that there are no mandatory
testing laws for most children's products," says Nancy Cowles, executive
director of Kids in Danger, a Chicago-based advocacy group that works to
improve the safety of children's products.The only children's products
that have mandatory safety standards are car seats, pacifiers, toys and
cribs. Everything else--strollers, high chairs, playpens, you name it--can
be placed on the market without undergoing any kind of safety testing.
Under federal law, the CPSC is not permitted to mandate testing for these
other products as long as the industry issues voluntary standards.
Manufacturers claim that the current system does the job, but child
safety advocates disagree. "There are too many children that are still
being killed and injured by faulty products," says Cowles. "We really need
to have mandatory standards."Consumer advocates meet with the corporations
twice a year to make and modify voluntary standards for the children's
product industry. Although consumer advocates struggle to make their voices
heard, nearly all decisions come down to a simple vote. The manufacturers
hold the majority. "Voluntary standards require only minimum levels of
performance and fail to address all hazards posed by a product," says Felcher,
who researched this issue for her book. She says the process of determining
standards is "dominated by manufacturers' engineers, whose job it is to
balance the precarious trade-off between child safety and corporate profit."
But those problems aside, the bigger issue remains that voluntary standards
are, as the name implies, not mandatory. It is at the company's discretion
whether or not they follow the standards and test their products for safety.
Most well-known corporations will indeed test their products to comply
with voluntary standards. "I can't imagine that any manufacturer that wants
to protect their reputation would ever put out a product without testing
it," says Laurie Oravec from Fisher Price. "You can't meet those standards
without testing it first." But these standards don't require field testing.
Tests are often performed in controlled laboratory settings. As any parent
knows, a child's behavior is difficult to anticipate, and so are a product's
potential dangers.
"They can make [a product] to the best of their ability," says Jennifer
Szwalek from the Juvenile Product Manufacturers Association, "but until
it's actually in the situation, you can't tell all the risks." As a result,
voluntary standards often fail to take into account the real-life risks
associated with a product. Many children have been killed because of problems
as seemingly insignificant as unclear assembly instructions or an ambiguous
product warning.
In addition, safety standards, which take years to develop, are unable
to keep up with the torrent of new products from the booming baby product
industry. "Parents want the best and latest products," says Cowles. "New
products are developed and rushed to shelves too quickly. The time to make
sure it's a safe product is not often taken." For example, baby bath seats
were introduced to the market in 1981, but it wasn't until 18 infants had
died that the industry began working on a safety standard, and 43 more
were killed before the standard actually passed. It took 10 years and 16
deaths before voluntary standards were proposed for infant swings.
No end in sight
While the processes by which products are recalled and consumers are
notified are slow and insufficient, the real problem is that unsafe products
are continuously being developed, manufactured, advertised and sold. "Recalls
are just a Band-Aid," says Cowles. "We need to get to the root of the problem."
Illinois representative Jan Schakowsky recently introduced a federal bill
that would require mandatory independent testing for all durable infant
products, such as furniture and other large items. Safety standards would
be set by the CPSC, and most importantly, they would be mandatory, not
voluntary. "Today our answer is to recall dangerous products after babies
have been killed or injured," says Schakowsky. "My bill would make sure
that dangerous products don't make it to the market in the first place."
It may take months before this bill is brought before Congress. Before
then, there are likely to be long and contentious debates about how effective
it would be and how great a burden it would put on manufacturers and government
agencies. Meanwhile, children will continue to be injured and killed, the
innocent victims of a system that fails to protect them from dangerous
products.
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