How to avoid cute but dangerous toys when ordering online during the holidays

Shopping for a fun, maybe even educational, toy for a young child for Christmas should be packed with joy — not dread about what danger lurks ahead.

But here we are, yet again, being warned about serious threats that many parents, aunts and uncles, and grandparents would never imagine as they do their holiday shopping. See something cute online? Well, you better think twice, because a lack of safety standards could be hiding behind that super-low price.

The 39th annual "Trouble in Toyland" report, released Tuesday by the U.S. PIRG Education Fund, highlights how online marketplaces make it easier to shop, but also can contribute to hidden dangers when it comes to some toys and other items. The growth in inexpensive, direct-to-consumer items can put children and other consumers at risk.

We're not, obviously, talking about any toys made exclusively by elves at Santa's North Pole workshop.

And there is a bit of positive news, too. Most traditional toys, such as stuffed animals, games, dolls and building sets, have become safer overall, as more manufacturers and U.S. sellers comply with tougher laws adopted in 2008 and other standards, according to the PIRG "Trouble In Toyland" report.

Santa Claus holds up the key to the city given to him by Detroit Mayor Mike Duggan during 97th Annual America’s Thanksgiving Parade presented by Gardner White in downtown Detroit on Thanksgiving day, Nov. 23, 2023.
Santa Claus holds up the key to the city given to him by Detroit Mayor Mike Duggan during 97th Annual America’s Thanksgiving Parade presented by Gardner White in downtown Detroit on Thanksgiving day, Nov. 23, 2023.

A U.S. trade loophole lets sellers play games

One troubling risk, though, involves the proliferation of toys that are sold online and, possibly, shipped directly from overseas manufacturers who figured out how to cut costs and make sure their toys aren't scrutinized for safety regulations. Counterfeits can be difficult to detect, too, if shoppers order directly from international sellers.

In other cases, sellers knowingly exploit what's known as a "de minimis tariff loophole" for lower-value items, according to the "Trouble in Toyland" report.

Most of us aren't aware of how complex trade rules can come into play online when we're trying to buy something unique or save $20 or more on a popular toy.

But this trade provision can be used when overseas companies ship items in bulk but then claim the value of those shipments is below a given threshold, which allows the goods to enter the United States duty-free, avoiding tariffs, and skirting scrutiny for safety regulations.

Critics say the de minimis provision gets cheap stuff to U.S. consumers via e-commerce but also raises safety concerns and risks.

The shipment is eligible for the de minimis exemption if the aggregate fair retail value of the articles imported is $800 or less.

The Biden Administration said in September it wants to address a surge in abuse relating to the provision. The goal is to make sure that parcels containing merchandise that would be subject to key tariffs under trade law would ultimately be excluded from special de minimis treatment.

"Some companies exploit the de minimis to conceal shipments of illegal and dangerous products and avoid compliance with U.S. health and safety and consumer protection laws," according to a Biden administration fact sheet.

"Other foreign entities use it to circumvent U.S. trade enforcement actions intended to level the playing field for American workers, retailers and manufacturers."

The number of international shipments — including toys and other goods — that claim to be exempt from inspection has surged from 140 million a year to 1 billion a year in the last decade, according to the federal government.

In September, we heard U.S. safety regulators call for an investigation into the popular e-commerce platforms Temu and Shein, noting "recent media reports that deadly baby and toddler products are easy to find on these platforms." But consumer watchdogs raise questions about other sellers, too.

Most of us would expect that toy safety standards are followed the same online as in a regular store, but that's not always the case, safety experts say, particularly if you're shopping via an online marketplace that serves a variety of third-party sellers.

Where to find more about toy safety alerts

Consumers must know what they're buying, as well as specifics about where they're shopping online.

You can look for a vast list of recalls and product safety warnings for area rugs, clothes, crib bumpers, toys, Christmas tree lights, electronics and much more at www.cpsc.gov/recalls.

Maybe, it's a charming, busy board for a little one that has small pieces that can fall off and be a choking hazard. Maybe it's a fun toy that involves a bunch of colorful magnet balls with loose, hazardous magnets that pose a risk of serious injury or death if ingested by children. Or a $9 magnetic chess set that doesn't meet safety standards.

All of these toys were shipped from overseas and didn't meet U.S. safety standards, according to various warnings from the U.S. Consumer Product Safety Commission about toy related deaths and injuries involving specific products.

"Just because it's cute, doesn't mean you should buy it," said Teresa Murray, consumer watchdog for the U.S. PIRG Education Fund.

Murray said the product safety agency asked for a recall involving the busy board, magnets and magnetic chess sets. But the companies declined to recall the items. Warnings are then issued but many people don't find out about such warnings unless they do some research.

Secret shoppers find troubled toys

Murray noted that it's illegal to sell a recalled toy or any other product that has been recalled. Maybe the toy contains lead. But the "Trouble in Toyland" report warns, "for the third year in a row, we bought recalled toys online with ease."

Researchers set out to buy three recalled toys and had no trouble doing so, according to the report. They are: Little People Mickey and Friends set of figures, Miniverse Make It Mini Sets with Unused Liquid Resins, and Fisher-Price's Dumbbell toy. "We bought the first two through eBay; we bought the third through Facebook Marketplace," the report stated.

The U.S. Consumer Product Safety Commission, in collaboration with U.S. Customs and Border Protection, confiscated more than 1.1 million dangerous or illegal toys in fiscal year 2023, according to the consumer safety agency. But plenty of others slip through the cracks and end up in children's bedrooms.

What consumers can do to protect children

Holiday shoppers might consider these tips:

  • Pay attention to various alerts, such as the dangers of water beads, a tiny, colorful item that is often used in floral arrangements, crafts and sensory tools for children with developmental disabilities. The problem is that the beads can explode to 100 times their original size when exposed to water. Federal safety regulators say emergency rooms treated nearly 7,000 water bead-related ingestion injuries from 2018 through 2022, and say swallowing the beads contributed to the death of a 10-month-old girl last year.

  • Go to a brand's website to see a list of authorized sellers of that product. If the seller isn't on the list, the item could be counterfeit. You definitely want to take this step if something is offered at deep discount.

  • Read deep into the return policy. If there's no way to return a new item, why are you going to take a chance and buy it?

  • Vintage toys might spark memories, but PIRG warns that consumers should be wary of toys made before 2008, when the Consumer Product Safety Improvement Act took effect. "Toys that comply with that law are safer in many ways," according to PIRG. "The law set new limits on lead, phthalates and heavy metals, and requires third-party testing."

  • Take time to check periodically if toys that are already in your home have been recalled.

  • High-powered tiny magnets are now prohibited from being manufactured. But PIRG points out that the new federal rule doesn’t affect magnets that may be in people’s homes. If you have children or teens in your home, you shouldn’t have tiny magnets, the American Academy of Pediatrics says.

  • Make sure you take time to understand how long it might take for an item to ship. "If it takes weeks," PIRG notes, "it could be coming from overseas and/or direct to you, potentially bypassing inspection at the border and documentation of safety testing."

Susan Tompor: stompor@freepress.com. Follow her on X (Twitter) @tompor

This article originally appeared on Detroit Free Press: Why that toy for $8 and free shipping could be a terrible holiday deal