I feel that for them to put lawn darts in with two innocuous games is like putting a hand grenade in with dolls, if they knew about the danger of these things. I further find out that the Consumer Product Safety Commission regulations require that it bear the following statement, which is correct: "Not a toy for use by children. May cause serious or fatal injury. Keep out of reach of children. Such statements shall be printed in sharply contrasting color within a bordered line in lettering 4-inch high on the main panel of the container and at least 1/8-inch on all accompanying literature." I brought a ruler with me. This is in violation of the law. This is 8-inch lettering. This is why I didn't see it. I believe the manufacturers don't want you to see this. They don't want to scare you away from this product with words like lethal and fatal. They make it as innocuous as possible. This is what should have been on the box. This is 4-inch lettering, right there. I would have seen that and I would have never brought this product home. I am a responsible parent, I love my children. I would have never bought it had they been following the law. They are not the only one. This is not an isolated case. The more I checked-my father-in-law sent me some advertisements that he had received in the Cape Cod, Massachusetts Times. Here is another company called Franklin. They distribute this product nationwide, lawn darts. You get the dimensional perspective here. The box is 11- to 12-inches high. There is a warning on the bottom of the box. I defy you to see it. It is in white and black. It is a black background with white lettering. It is designed to be innocuous and it blends in with the general color scheme of the box. Not only did they violate the warning, you can tell this is 8-inch or less letters, but the Commission's own recommendations say, "The Agency encourages the use of dark colored text, black or dark primary colors against a light background." And that adds insult to injury. Not only is the warning inadequate, but they do just the opposite of what the Commission recommends. There will be another father, another parent will go in and buy this, not see the warning, bring it home, and I am totally convinced, in just a matter of time another child will die or be permanently damaged, brain damaged by lawn darts. Now, I have come here under extreme_personal adversity. My daughter has only been dead for 8 weeks. But I have come here to try to save the life of another child. I have come here at my own expense. And if what can be accomplished here today will contribute to saving another family from this grief, another child from death or brain damage, it will be worth every penny to me. I am only asking for the CPSC to enforce its existing regulations, which I understand that these requirements have been in effect for quite some time. Just enforce the law. If they don't want to do that, then why waste the time or the paper to issue these CFR's? Now, I was reading the Consumer Federation of America report where the Consumer Product Safety Commission is asking for a budget of $33 million. In my hotel room last night I was doing a little bit of math. That works out to be 12 cents for every man, woman and child in this country. That seems like a woefully inadequate budget to achieve the purpose or enforce the laws that they are supposed to enforce. I realize that there are many companies out there that are responsible companies and are active in product safety and designing a better product. But there are many who are not. There are many companies out there that are ill responsible, who could care less. Their concern is the bottom line of the annual report. And it is like I said in my statement, the CPSC has got to stop this fantasyland mentality of believing that business and industry are going to cooperate in their safety efforts. It may be true in most cases, but there are enough of them out there who aren't cooperating where these tragedies are going to happen. Somebody has got to start enforcing these regulations. Also, on the second page of my written testimony I personally have come up with some recommendations that just seem like common sense to me. Enforce the regulations, explore the idea of a safety dart. I saw one advertisement for what is called a safety dart that would preclude the possibility of skull penetration. But by all means, do something. Somebody has got to get on the stick here. That is all I want to say. [The prepared statement of Mr. Snow follows:] Dear Committee Members, As a father who's seven year old daughter was killed by a toy lawn dart recently please consider my input and attached material for this hearing, as a poignant example of the Consumer Product Safety Commission's failure to protect the public. Late last year I went to a department store to buy a volleyball set. I Couldn't buy just a volleyball set. The only set available was a three-in-one set. It Consisted of a volleyball, badminton and lawn dart game. I didn't see the warning on the box and had no knowledge of the dangers of lawn darts. I bought the set in the toy department of the store and brought it home. Later and without our knowledge the children got into the darts and started to play with them in the front yard. My daughter Michele was struck on the head. The dart pierced her skull and she died. 1. 2. 3. What is the Consumer Product Safety Commission's failure in this death? The warning on the box was innocuous. Printed in blue 1/8 inch lettering on the main panel of the box. CPSC regulations required the warning to be printed in At least inch high lettering on the main panel of the container. Some manufactures have been violating this rule for years and no action has been taken by the CPSC. Besides blue is a friendly color. It doesn't get your attention. Warnings should be printed in RED lettering. The CPSC banned lawn darts from toy stores and areas of department stores where toys are sold years ago. On doing a story of Michele's death, Los Angeles KNBC-TV news reporter went to the store where I purchased the set and verified that lawn darts are being sold in the toy department. The store manager states to him, "We might consider relocating them". Packaging potentially fatal lawn darts with other harmless games is like placing a hand grenade in with dolls. This is incredible. Why has the CPSC allowed this? Shortly after my daughter's death I read in a local newspaper CPSC's Chairman Terrence Scanlon's statement about "walking a narrow path" and seeking to assure safety while avoiding economic disruption in the marketplace. I am incensed by this remark. Thousands of people have been killed or injured by ATV's, exploding cigarette lighters, lawn darts, collapsing bunkbeds etc. These products should have been removed from the market or redesigned to be safe. Human life is more important than economic concerns. Businesses can make safe products and still profit. I feel that Mr. Scanlon has lost his sense of responsibility to the public. You can't rely on businesses to voluntarily enact and comply with safety issues, as the CPSC presently does. They are more concerned with the annual report. The CPSC must stop this fantasyland mentality. Whatever is wrong with the CPSC, fix it! The CPSC must do the job it was intended to do. Protect the public. Consumer Product Safety Commission May 31, 1987 David A. Snow 1. 2. 3. Dear Sir; As a father who's seven year old daughter was killed by a toy lawn dart recently, please consider the following corrective action proposal. Identify the companies in violation of required warning regulations for lawn darts. Order the immediate recall of all sets containing lawn darts by these companies. Take the strongest punitive action possible against them for there violations. 4. Require that companies in violation at there expense publish a quarter page notice in all daily United States newspapers with a circulation of 50,000 or more in the geographic areas where there darts were distributed and sold. This warning notice to have a picture of a lawn dart and a strongly worded warning to parents. 5. Change the regulations to require a inch warning in RED lettering with a white background within a RED border line and to be placed in the MIDDLE of the front panel of the container. 6. Take the strongest punitive action against retailers who have and are displaying and selling lawn darts in toy departments in violation of CFR regulations. 7. Require that warning letters be sent to retailers as to where lawn darts are to be sold. 8. Require the following warning with all retail advertising of lawn darts or jarts. 9. WARNING: LAWN DARTS MAY CAUSE Explore the possibility of a redesign of lawn darts so as preclude the possibility of skull penetration. |