Stratton pursues international agenda; signs agreement with government of China

CPSC Monitor, April, 2004

An inexpensive imported toy, the Yo Yo Waterball, has been causing headaches for CPSC and its staff in recent weeks. (The Monitor first reported this story in its Sept.-Oct. 2003 issue.)

The toy is a liquid-filled ball attached to a stretchy cord with a finger loop at the end. The child puts a finger in the loop and can swing the ball in play. The toys sell for between $1 and $5.

In September 2003, CPSC issued a news release announcing the results of its investigation of the toy, which some allege has a potential risk of strangulation. The agency said at that time that although there is a low risk, and that it believes parents should exercise caution in allowing children to use the toy, it does not believe the waterhall toy meets the congressionally mandated standard for product recall.

But Lisa Lipin, the mother of a then 5-year-old boy who accidentally got the stretchy string from the waterball wrapped around his neck, has taken up the cause of ridding store shelves of the toy.

Ms. Lipin said the agency now has 345 reports of possible injuries related to the toy compared to 186 reports in September 2003. CPSC says some 11 to 15 million of the toys have been distributed in the U.S. over the past year. At that rate of(potential) injury, the risk would be infinitesimal.

Lipin, who is from the Chicago area, has an ally in her Congresswoman, Rep. Jan Schakowsky (D-Ill.) who has written to CPSC in an effort to have the toy recalled or banned.

On Wednesday, April 28, Lipin was scheduled to testify before a committee of the Illinois Senate on her complaints about the waterball. She told the Monitor she has contacted 50 parents of children whose encounters with the toy were reported to CPSC. She has also been in frequent contact with CPSC staff members Ken Giles (Public Affairs), March Schoem (Compliance), and Ann DeTemple (Injury Clearinghouse.)

Lipin said she does not plan to file a petition, since she feels CPSC should act without that stimulus.

Lipin points to the fact that the waterballs are banned in France, the United Kingdom, Luxembourg, Australia, Brazil and Canada. The New York State Consumer Protection Board has issued two warnings that call the Yo Yo Waterball a serious hazard. New Jersey issued a similar warning. The New York Public Interest Research Group (NY PIRG) has called on CPSC to reconsider the decision not to recall the toy, and ask manufacturers to stop selling it until an appropriate warning label can be added to the product. (2)

Lipin has been focusing her efforts currently on getting commitments from retailers to remove the toys from their shelves. Some retailers have already taken action, including Toys R Us, Walgreens and Saks. Lipin recently got such a commitment from 7-11 Stores corporate headquarters, promising to notify franchisees with the recommendation to remove the product. (3)

The Illinois mother has also complained that she has not yet had a reply to her letter of March 9 to CPSC Chairman Stratton, although she has been assured that he is working on one.