Personal Injury Lawyer Promotes ‘Worst Toys List’

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Here’s the good news about the Internet: Everyone has a voice. Here’s the bad news: Not everyone should.

Last week, just in time for holiday shopping, a group called World Against Toys Causing Harm published its 10 Worst Toys list. This rundown of toys that are most likely to harm children was dutifully reported with breathless urgency by TV and print reporters, most of whom had absolutely no clue who is behind this alarmist organization.

Channel 4 in Boston, for example, broadcast the list a day after it was released. When asked about the source of the information, a spokesman for the channel said it always reports on the list because W.A.T.C.H. is a “well-known consumer organization.”

It turns out that W.A.T.C.H. was founded by a personal liability lawyer, Edward M. Swartz, who has made a fortune suing companies for the usual wrongdoing and who has made a specialty of going after the toy industry.

This year, the W.A.T.C.H. list included a doll called the Zip-ity Do Dolly, which has been a top seller for three years. The doll has won numerous accolades, including being named one of Dr. Toy’s 100 Best Toys and being given the National Parenting Center’s Seal of Approval.

The doll is manufactured by Goldberger Toys of New York, founded in 1916, which says it prides itself on producing safe and durable dolls. The dolls even carry a lifetime guarantee, an industry first. Literally, if at any time the owner is unhappy with a doll, it can be returned to the company for a full refund.

To say that the chief executive officer of Goldberger, Jeffrey Holtzman, is unhappy with the inclusion of one of his most successful products on the W.A.T.C.H. list is an understatement. He is outraged.

Mr. Holtzman is the third generation to manage the family business. “We work very hard to put out a quality product,” he says. “We have never had a suit brought against our firm. Something like this can put a small company out of business.”

Mr. Holtzman points out that not only does his company have every doll tested by outside labs, but that major retailers also do their own testing. For the doll in question, lab results confirm that the item W.A.T.C.H. cited — a button the group says could become dislodged and get stuck in a small child’s throat — not only meets but exceeds federal standards. Specifically, it takes 34 pounds of pull to remove the button. We’re talking the 2-year-old equivalent of a small John Deere tractor.

Mr. Holtzman suggests that Mr. Swartz hopes to gain not only publicity from issuing the list but also referrals. As far as he knows, W.A.T.C.H. does no independent testing, but rather picks the spotlighted toys while cruising the toy aisles. (I placed several phone calls to W.A.T.C.H. asking about the testing done to determine the “worst toys,” but received no reply.)

The group never called Mr. Holtzman to inquire about lab results on the doll or to alert him to its concerns.

The counsel to the Toy Industry Association of America, Rick Locker, also says W.A.T.C.H. is casual about compiling its list. He says the list is “99.9% inaccurate.”

“The U.S. has tough standards for toy safety,” Mr. Locker says. “They are recognized around the world as the gold standard.”

The Consumer Product Safety Commission studies toy-related issues and also reviews the lists put out by organizations like W.A.T.C.H. Spokeswoman Julie Vallese says most toy mishaps have to do with parents not paying attention to the age and use guidelines published by the manufacturer.

While not criticizing the W.A.T.C.H. list, Ms. Vallese says the CPSC attempts to monitor the industry on the basis of scientific facts and wants to be sure that toys comply with strict federal standards. “Children’s products as a category are among the safest in the U.S.” she says.

“There are so many of these watchdog groups,” Ms. Vallese says. They do serve a purpose. Do they sometimes fuel a fire that should be put out? Absolutely.”

She points out that several items on the W.A.T.C.H. list are a matter of parental choice. The no. 1 item this year, for instance, is Heelys, the sneakers that have built-in wheels. W.A.T.C.H.complains that the shoes present risks similar to those of in-line skates and roller skates, but that they are not sold with protective gear. W.A.T.C.H. also highlights a bow and arrow set as well as a balloon launcher that, if misused, could result in eye or head injuries.

Safety should certainly be taken seriously by parents buying holiday gifts. Every year there are indeed children who are hurt by ingesting small puzzle pieces or balloons, or who are otherwise injured playing with toys.

However, I doubt the W.A.T.C.H. list will actually prevent accidents or injury. If parents are clueless about supervising young children firing wooden arrows at each other, or racing around playgrounds on their Heelys, they are unlikely to take the list seriously in the first place.

Mr. Swartz may not protect many children from harm, but he surely may cause grievous injury to a company like Goldberger Dolls. And he is no doubt preparing the groundwork for any suits that an unhappy parent might choose to bring in the future. Or maybe that was the point all along?

peek10021@aol.com


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