PM 2004:01
Battery Powered
Toys for Small Children
Market survey of battery powered toys designed for use by children under the age of three
Contents
Summary………...3
Background ……….. 3
Purchase ………..…. 3
Testing ………...… 4
Requirements according to the standard………....4
Results ………...… 5
Evaluation ………...…………. 6
Process ………...……… 6
The Toy Safety Act and the CE symbol………...……….... 7
The Product Safety Act ………... 8
Appendix 1: The products that were tested ...………...…9
Project administrators: Åsa Lindquist and Michael Malmberg
Battery powered toys for small children?
Market survey of battery powered toys designed for use by small children PM 2004:01
ISBN 91-7398-854-5
Summary
According to the Standard for Safety of Electric Toys, SS-EN 50 088, the design of a battery compartment must not allow batteries to be removed or tampered with by children under the age of three. Very small batteries – so called button batteries of the type that are used in watches, etc. – can cause suffocation if a small child were to get one stuck in its throat. And should one find its way into the child’s stomach and get stuck in its intestines, there is a risk that dangerous chemicals could be released into the child’s digestive system.
The more common, elongated batteries may be larger, but they can leak releasing dangerous chemicals and, therefore, may not either be installed so that they are easily accessible to small children.
Safety regulations require that batteries used in children’s toys should only be
removable using a tool or both hands. In this survey, 14 toys were tested and all of these fulfilled this requirement. Seven of them, however, either lacked parts of the safety information that is required by the standard, or only carried this information in English. (Information in Swedish was missing) Toys should, for example, include information that describes how the batteries should be changed.
Background
Some 30 reports are filed each year by the Swedish Poisons Information Center relating to cases were children have swallowed small button batteries. It is uncommon that these batteries come from toys, but rather from other products found in the home. Often, they pass through the child’s digestive system without causing any harm. However, should a battery get stuck and not emerge within 36 hours, then it must be localized using an x-ray. Should it remain in the child’s system for too long there is a risk that it might begin to corrode and dangerous alkaline chemicals could leak out. If this happens, the child must be operated on at once and the battery removed.
So that children do not run the risk of swallowing batteries, a standard has been set that regulates how the toys should be designed so that their power cells are difficult to access and remove.
Purchase
Consumer Advisors in Borås, Gothenberg, Karlstad, Nybro, Huddinge, Sollefteå, Skellefteå, Sundsvall, Västerås, Västervik, and Östersund purchased 11 toys during the summer of 2003. The Consumer Agency also purchased three toys in Järfälla.
Testing
The purchased toys were tested by SGS Fimko, which is located in Helsinki, Finland during September and October 2003. The tests were carried out according to the
Standards for Safety of Electric Toys SS-EN 50 088 + A1:1996 + A2:1997 + A3:2002 + corr:2001. Each toy was tested according to paragraphs 7.1.1, 7.4, 7.5, 7.6, 7.7, 14.7, 14.9 and 16.2. The toys are also tested according to SS-EN 71-1 paragraph 8.4.2.1.
Requirements according to the standard
7.1.1 Battery toys shall be marked with the• Nominal battery voltage, in or on the battery compartment
• Symbol for d.c., if the toy has a battery box
If more than one battery is used, the polarity shall be indicated, the shape of the batteries in full proportional size being marked in or on the battery compartment in
approximately actual size together with their normal voltage.
7.4 The instructions for battery toys shall contain the substance of the following, as applicable:
• how to remove and replace batteries
• non-rechargeable batteries are not to be charged
• rechargeable batteries are to be removed from the toy before being charged (if removable)
• rechargeable batteries are only to be charged under adult supervision (if removable)
• different types of batteries or new and used batteries are not to be mixed
• only batteries of the same or equivalent type as recommended are to be used
• batteries are to be inserted with the correct polarity
• exhausted batteries are to be removed from the toy
• the supply terminals are not to be short circuited
Instructions may be marked on the toy as long as they are visible from the outside, on the packaging, on a leaflet or similar means provided with the toy.
7.5 When markings or instructions are shown on the packaging, the packaging shall state that it has to be kept since it contains important information.
7.6 Instructions and other texts required by this standard shall be written in the official language of the country in which the toy is to be sold.
7.7 The markings required by this standard shall be legible and durable.
14.7 The batteries of toys intended for children under three years old shall not be accessible without the aid of a tool unless:
• the cover of the battery compartment can only be opened after at least two independent movements have been simultaneously applied and
• the battery compartment does not open when the toy is submitted to the tests of the following sub clauses of EN 71-1 (1988)
4.3 drop test, 4.13 seam test and 4.14 impact test
14.9 Toys supplied with batteries connected in parallel is not allowed, unless it is obvious from the construction or from the circuit diagram that a mixture of used and new batteries or the reverse insertion of batteries, will not impair compliance with this standard
16.2 Toys shall not be fitted with:
• thermal cut-outs which can be reset by a soldering operation;
• mercury switches
Results
14 battery powered toys designed for use by children under the age of three were tested and it was found in all instances that the batteries were difficult for a child to gain access to. These toys fulfilled the mechanical requirements that are stipulated in the standard for safety of electric toys and means that the batteries had been encapsulated so that they were not exposed or dislodged when the toy was subjected to drop test and
impact test. Nor could the battery compartment be easily opened by hand or without using some kind of tool.
Out of the 14 toys tested, seven lacked satisfactory marking and of these, five did not carry information in Swedish.
Evaluation
Of the 14 toys that were tested, half of them lacked the necessary information as required by applicable safety standards. This is an unsatisfactory result, however, our opinion is that the toys need not be recalled from the shops. It is important that those toys, which have not yet reached consumers, be provided with satisfactory and correct information before they are sold.
Process
The Swedish Consumer Agency, has written to four importers who sold the battery-powered toys that lacked satisfactory information. These were Toyman, BRIO AB, Eber Toys and Magtoys AB. The Board requested that these companies provide correct and satisfactory information affixed to, or together with the toys in accordance with the standards for electrically powered toys. This also applies to toys that have already been delivered to the shops.
The Suppliers/importers should further ensure that, in future, all their products should carry Swedish-language instructions if they are to be sold in Sweden.
The Toy Safety Act and the
mark
Special safety requirements apply for toys in accordance with the Toy Safety Act, a government directive, and the guidelines defined by the Swedish Consumer Agency (KOV). The legislation for this is based on a direct translation of the EU Directives pertaining to the safety of toys (88/378/EEG). A toy may only be sold if it fulfils the demands made in law regarding safety, information and marking. If a toy is
manufactured in full compliance with the European standard for toy safety, then it is also considered to have fulfilled the Toy Safety Act. However, should the manufacturer chose not to make the toy in accordance with the legislation or in complete compliance with the standard, the toy must be type-approved by a third party (a so called Registered Body).
The Swedish Consumer Agency can, supported by the Product Safety Act, take action should a toy fail to fulfil the safety regulations, even if the toy lives up to the
requirements of the standard or if it has been type-approved. In this instance the requirements of the standard may have been set too low, or an application of the standard or regulations has not been established.
If a toy is to fulfil the requirements of the Toy Safety Act, then it must carry the symbol. The manufacturer (or the importer/representative) has the right to use the symbol in a process commonly termed self-certification. Through this action, the manufacturer, thereby, confirms that the toy has been made in accordance with the relevant safety requirements.
Toys that do not carry the symbol may not be sold. It is also against the law to sell a marked product that does not fulfil the requirements of the act with regard to safety, information and marking.
As many consumers regard the symbol as a sign of quality, which indicates that a toy has been tested and declared safe, then it can be very misleading if it is displayed on a toy that fails to fulfil the requirements of the standard.
A retailer who breaks the law by selling toys that do not fulfil the requirements as stated in the standard can be tried in a court of law and fined or sent to prison for a maximum sentence of one year. This applies irrespective of whether the retailer acts intentionally or unintentionally. Responsibility for taking legal action resides with the Swedish Consumer Agency.
The Product Safety Act
If a product that is sold in the open market does not fulfil relevant safety legislation and does not comply with the demands as stated in the standard, then the person responsible for that toy should, in accordance with the Product Safety Act, take any actions
necessary to increase safety. The seller can, for example, be ordered by a Magistrates Court to cease sales of a particular toy. Non-compliance will result in a fine being imposed. The seller can also be ordered to recall toys that have already been sold. Recalls can be made either from the retailer/toy store or from consumers. Information about recalls is usually published in newspapers to ensure that, as many people as possible are aware that the item should be returned. The person responsible for the sale of the toy can also be ordered to include a warning text or other safety information with the product.
In reality, only a few cases are referred the Market Courts. Instead, the normal practice is that the person responsible for the toy voluntarily takes any actions necessary after discussions with the Consumer Agency.
The products that were tested
Appendix 1
Code Name Description of the toy Importer to Sweden name andaddress Article nr Price SEK Retailer address CE-mark, marking
Fulfils mechanic al re-quirem. SS-EN 50 088 Fulfils marking requirements according to SS-EN 50 088 Dut 1 Ks 1 Fischer-Price, Musical Singin'
Snail. Mattel Sweden 104 25 Sthlm 71922 199 Barnens Hus, 653 41 Karlstad. CE-mark 6M+ yes yes
Dut 2 Sk1 Megcos "Press´n go emergency car" TOYMAN Brovägen 12 266 97 Hjärnarp 4908-035NO.1159 99 Barnens Hus 931 42 Skellefteå CE- mark "For ages over
18 months" yes 7.6 Only in English
Dut 3 Nyb 1 Fisher-Price, Musical Activity Keys Mattel Northern Europé-AS, 104 25 Sthlm 74123 119 Briobutiken, 38230 Nybro,
tel:0481-18808 CE - mark 3 M + yes yes
Dut 4 Gö FisherPrice, Sing along Snoopy. Mattel Box 30067 104 25 Sthlm 77629 179 BRIO butiken, Femmanhuset,
Göteborg CE- mark yes yes Dut 5 ÖS Brio Baby (Joker) Baby Ratt Brio Leksaker Briogatan 283 83 Osby 87038-905 199 Barnens Hus
831 72 Östersund CE-mark yes
7.4 Part of instructions is missing Dut 6 So Fisher-Price Baby Counting Sheep Mattel Northern Europé 104 25 Sthlm 73166 229 Allsport 881 31 Sollefteå
CE- mark yes yes
Dut 7 Vå 1 Sheloore Light N Sound Mirror Lars Sjöholm Pilgatan 1 331 30 Värnamo 15-03052 199 Zetterlunds leksaker
722 12 Västerås CE- mark 6-36 månader yes yes
Dut 8 Hu Top-Toy Bambino- Music rattle Top-Toy Roskilde
Danmark 410885 84,5 Toys `r´ us, 141 75 Huddinge CE- mark yes yes Dut 9 Bo Sparkling Symphony Mirror Mattel Box 300 67
104 25 Sthlm 71980 199 BR-Leksaker 503 35 Borås CE- mark yes yes Dut 10 Su Melody Train Toyman Distribution AB, Brovägen 12,
266 97 Hjärnarp NO.1134 169 Barnens Hus, 85753 Sundsvall
CE-mark, For ages over
18 month yes 7.6 Only in English Dut
11
Vä Car Alarm Toyman 266 97 Hjärnarp No 1143 89 Janne Banan 593 35 Västervik For ages over 24 months CE-mark
yes 7.6 Only in English
Dut 12 St 1 Melody Trumpet Magtoys AB Gränsbov 4 152 42 Södertälje 119 Babyland Barkarby 17738 Järfälla CE-mark age 1+ yes 7.4 Part of instruc-tion is missing 7.5 "Keep instruc-tions" is missing. 7.6 Only in English Dut 13 St 2 Fun Mobile Eber Toys Box 9084
213 75 Malmö 06-040 59 Hobbex Barkarby 177 38 Järfälla
CE-mark ages over 18
months yes 7.6 Only in English Dut 14 St 3 Smoby Musical sun flower BRIO Briogatan 283 83 Osby 27970-227 179 Hobbex Barkarby 177 38 Järfälla CE-mark 8-18 months yes 7.6 Only in English