Last year products of a total value of USD 146 billion were imported into the Polish market.Are they all safe?According to the latest report of UOKiK, based on the results of inspection performed by the Trade Inspection, they are not.Every third toy and pair of child shoes fails to meet requirements.

Once ragdolls, wooden blocks and plastic yo-yos, today – video game consoles and RC cars. Although they differ in design and materials, still have common features – they are to educate and entertain, and most importantly – should be safe. This rule applies to all items intended for children. What should we keep in mind when purchasing beds, shoes or school supplies for our children? The Office of Competition and Consumer Protection raises the issues in the latest report on the inspection performed by the Trade Inspection. The Trade Inspection celebrates its 60^th anniversary this year.

In the first half of 2010, 4429 product batches have been inspected: items and furniture for small children, educational items, bicycles, textile products, footwear, electric equipment, cosmetics, school and hygiene supplies and 2131 types of toys and light fixtures. Companies to perform the task were selected at random, by way of a reinvestigation, or consequently to consumer complaints. Apart from inspecting the product’s appearance, specialist laboratory tests have also been conducted in many cases.

The most frequent irregularities included  inadequate product labelling and failure to meet the safety requirements. Every third inspected toy, textile product and pair of footwear as well as nearly every fifth inspected bicycle and lamp indicated certain non-compliance.

Toys

Dolls, plush toys, rattles, child costumes (e.g. costumes of fairies, knights, wands, swords and masks), kick scooters – these are only some of the inspected toys. The inspection covered a total of 2,007 products, with irregularities detected in every third. Toys were primarily checked for the presence of the mandatory CE marking, warnings and instruction manuals attached, and the used materials were tested for the presence of illegal substances. Undertakings are usually afraid of their toys’ non-compliance with legal requirements and “overprotect” themselves by mislabelling toys as inappropriate for children under 3 years old, where in fact the toys were intended for children of this age group (12.9%). Also frequent were warnings against non-existent hazards (10.6%). For example, there was information placed on the packaging that a toy contained small elements which might be swallowed by the child in cases where toys contained no such elements. Additionally, some manufacturers provided contradictory and senseless information. One product contained information that The rattle is intended for newborn children and is not suitable for younger children.

During the control, the Trade Inspection also checked the compliance of construction, design and used materials with the essential requirements – 599 toys have been tested in this manner, with irregularities found in 154 (7.7%). The irregularities consisted in e.g. a piece of wire sticking out of a plush toy, small pieces in toys intended for infants, unsafely long lines, easy access to battery in a child phone and battery-powered toys. Did you know: toys intended for children under 3 years of age may not contain small elements, which the child could swallow or choke on, and excessively long lines in toys pose strangulation risk. Laboratory testing indicated an excessive phthalate content in 17 out of 69 inspected toys (24.6%) – e.g. in dolls and action figures, in respective amounts of 45% and 37%. Note that the presence of these softening agents, used in plastic parts, is allowed in concentrations not exceeding  0.1% of the material’s total mass. Otherwise they may negatively impact the child’s hormone balance.

Child furniture

The inspection covered 833 batches of furniture intended for small children – beds, walkers, carriers and 793 pieces of educational furniture – desks, chairs, computer tables. The inspectors checked the labelling of the products and their safety. Respectively, in each case 167 (20%) and 134 (16.9%) batches were put into question. The most common irregularities consisted in lacking essential information and warnings, but also sharp edges in walkers, easily detachable stickers, or no mechanisms preventing drawers from falling out. Did you know: every piece of furniture should come with an instruction manual for assembly, operation and adjustment of appropriate elements, as well as information on maintenance. Improper construction or assembly may lead to tragedy. When selecting furniture for children, include factors other than just the price – such as the manufacturer's certificates and attestation.

Cosmetics

The inspection consisted mainly in testing child shampoos, bath gels, powders and creams. Of the 281 batches tested, 14 (5%) were put into question due to inadequate labelling and failure to meet safety requirements. Inspectors also checked whether the shape of the packaging, and the cosmetic's colour, appearance, composition, etc. indicate that they are food products, thus posing a health risk to the child if swallowed. 3 batches of cosmetics were questioned for this reason - e.g. a shower gel which appearance resembled a soda. The good news for parents is that irregularities in cosmetics are minor.

Actions

Depending on the irregularities found, voivodeship inspectors of Trade Inspection allow the undertakings to voluntarily withdraw the products from the market or remove the irregularities. Most of the inspected companies took such actions. The findings of the conducted inspection resulted in 122 penalties being imposed by the Trade Inspection. Additionally, the President of the Office initiated 149 proceedings in Q1 and Q2 of 2010, and issued 25 decisions ordering  the undertakings to eliminate the hazards posed by their products. In 80 cases, the Office discontinued proceedings due to the removal of hazards by the manufacturer, elimination of non-compliance or voluntary withdrawal of the product from the market. In 11 cases, the Office imposed on undertakings fines, which totally amount to PLN 110 thousand. 

The Office would like to remind undertakings that every product launched into the market must be safe. The manufacturer is obligated to provide the consumers with Polish instruction manuals, allowing them to assess the possible threats and prevent them. It is the manufacturer’s duty to perform product sample tests and analyse consumer complaints. Producers and distributors should also be aware of the obligation to notify the President of the Office if they find that they marketed dangerous products. Otherwise the President of the Office may institute the proceedings and impose on the undertaking a fine  up to PLN 100 thousand.

The Office of Competition and Consumer Protection would like to remind parents to keep in mind the following when shopping:

• mandatory information – when purchasing a toy, always check the packaging for information regarding the age group, for which the toy is intended and whether the toy’s operation requires adult supervision. When purchasing a desk, always check whether it comes with Polish instructions for assembly and operation – find out what the maintenance procedures are. Improperly assembled pieces may lead to tragedy. Also important is information concerning the product’s manufacturer or importer;
• hazardous substances – plasticine, paints and glues may contain substances hazardous to the child’s health. Excessive heavy metal concentration – i.e. lead or chrome - may be the cause of many diseases. Certain chemical substances contained in plastics, such as phthalates, may also negatively affect health.
• clothes – check whether e.g. the decorative elements are fixed properly and it will not be possible for the child to detach them (in the case of children up to 3 years of age). Lines and ropes in clothes may also pose a hazard to children. Such elements should therefore be avoided, especially in the case of hoods and elements covering the child’s neck in small child (up to 7 years of age) clothing, due to the strangulation hazard.
• footwear – attention should be paid to inadequately fixed soles and overall assembly quality. Particularly hazardous are products containing small bags of toxic substances, placed in shoeboxes. The Office would like to remind companies that since May 2009, importing products with more than 0.1 mg of DMF, which purpose is to prevent the growth of mould that can deteriorate the quality of footwear, is prohibited. Other desiccants, such as silica gel, are allowed.

If you believe that the product you purchased for your child may be hazardous, report it using the special UOKiK form. The Office of Competition and Consumer Protection would like to remind that all reservations regarding the labelling, quality and safety of products may be reported to the voivodeship inspectorates of Trade Inspection. Additionally, the poviat or municipal consumer ombudsmen provide free assistance in pursuing claims. Free of charge counselling is also available at the Association of Polish Consumers, under the number 800 800 008. Consumer advisory in Poland is financed i.a. from UOKiK’s  budget.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel.:(+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]

*Data of the Central Statistical Office of 2009