Children's Toys

News & Analysis as of

FTC Complaint Filed Against IoT Businesses

This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with...more

FTC Complaint Made Against Genesis Toys and Nuance Communications

On December 6, 2016, The Electronic Privacy Information Center, The Campaign for a Commercial Free Childhood, The Center for Digital Democracy and Consumers Union filed a Complaint and Request for Investigation, Injunction...more

Rubber Ducks, Teethers and More: A Guide to Current and Proposed Regulations of Phthalates in Children's Products

Phthalates are chemicals that provide flexibility and durability to a variety of products. They have historically been used in children's toys, particularly those made of flexible plastics. Phthalates soften plastics,...more

Complying with Children's Products Safety Rules and Regulations

As we head into the busiest time of the year for consumer purchases of children's toys and games, it is important to be mindful of the rules and regulations governing children's products' safety. Below are just a few of the...more

Complying with Advertising Laws when Marketing Children's Products

We are now in the midst of the back-to-school season, and before you know it, Halloween and the winter holiday season will be upon us. Over these next few months in particular, companies may face a variety of issues related...more

It’s Not Easy Being Green: LeapFrog Execs Dodge Class-Action Over Sales Projections

On August 2, 2016, U.S. District Judge Edward Chen dismissed a shareholder lawsuit brought against children’s educational toymaker LeapFrog Enterprises, Inc. (“LeapFrog”) for failure to adequately plead statements were false...more

Product Liability Verdicts in Arizona

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given twelve defense verdicts and three plaintiff’s verdicts. Here are all of the Arizona product liability verdicts over the...more

New York, New York: The Status of Regulation of Children's Products in the Empire State

Recently, Albany County, New York enacted the “Toxic Free Toys Act” (the Act) prohibiting the sale of any children’s products in the county that contain certain heavy metals and chemicals. The Safe to Play Coalition (the...more

CPSC Recall Snapshot: April 2016

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic...more

CPSC Recall Snapshot: March 2016

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has been very aggressive over the past month. This past Friday, the Commission announced a record $15.45 million civil penalty against a...more

Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Federal Judge Prohibits Novelty Toy Seller From Selling Products Containing Recalled Magnets

Rare-earth magnets are small, strong, permanent magnets made from alloys of rare earth elements. The Consumer Product Safety Commission ("CPSC") has enacted strict regulations governing the sale of these magnets in the United...more

Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in...more

2016 Emerging Issues in the Children's Products Industry

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

Are kids’ connected toys secure enough?

If the Hello Barbie complaints weren’t enough, now it has been announced that researchers determined that the kids’ toys, the Fisher-Price Smart Toy Bear and the hereO GPS watch, had some serious security vulnerabilities. ...more

Children's Products: Branding and Trademark Considerations

The Consumer Product Safety Improvement Act (CPSIA) and the Child Safety Protection Act (CSPA) were enacted to establish regulations and testing requirements for children’s products. While there are no express restrictions...more

Children's Products: A Discussion of the Regulations Governing Lead Content

Lead poisoning in children has been found to cause adverse health effects ranging from hyperactivity to developmental delays, blindness and even death. See 16 C.F.R. § 1303.5. Even minimally elevated blood lead levels in...more

Children's Products: An Overview of Advertising Laws and Regulations

Like all businesses, manufacturers and retailers of children's products must comply with advertising laws and regulations. Advertising laws protect consumers by requiring advertisers to be truthful about their products....more

Children's Product Recalls: Identifying Reportable Defects

The U.S. Consumer Product Safety Commission ("CPSC" or the "Commission") is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant...more

Children's Products: An Analysis of Small Parts Regulation and Choking Hazards

The Consumer Product Safety Commission (CPSC), through the Consumer Product Safety Improvement Act (CPSIA) and other federal regulations, has established specific requirements for the manufacture and sale of all children's...more

Skepticism is wise about “brain” toys & games for kids, seniors

Yes, the ancient adage caveat emptor still rules in the high-tech age. It may have sounded so simple, nice, and sweet to plunk grandma and grandpa in front of a computer screen to let them run a program to play games touted...more

Update: Albany County Legislature Amends Controversial Toxic Toys Law

Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,”...more

Hello Barbie may not be as smart as we thought

We wrote previously about the “Hell No Barbie Campaign” and the recent lawsuit against Mattel for its Hello Barbie doll privacy violations, but through all this hype, we have yet to learn exactly what Hello Barbie is truly...more

Review of the “Watchdogs” Most Dangerous Toys of 2015

The Consumer Product Safety Commission (“CPSC”) is constantly testing and analyzing consumer products, including toys, to ensure safety standards are met. Although not armed with the CPSC’s power to recall products, other...more

Alleged VTech hacker arrested

We previously reported that VTech suffered a data breach exposing millions of children’s and their parents’ personal information. The South East Regional Organised Crime Unit in the UK has announced that it has arrested a 21...more

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