ESTTA Tracking number: ESTTA1136795 05/27/2021
65
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1136795 Filing date: 05/27/2021 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91246554 Party Defendant Know Yourself, PBC Correspondence Address JEFFERSON F SCHER CARR & FERRELL LLP 120 CONSTITUTION DR MENLO PARK, CA 94025 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 650-812-3400 Submission Defendant's Notice of Reliance Filer's Name Benjamin Ashurov Filer's email [email protected] Signature /Benjamin Ashuov/ Date 05/27/2021 Attachments Ex. 101 - the Octonauts.pdf(5479482 bytes ) Ex. 102 octonautsliveus resources and Information.pdf(531569 bytes ) Ex. 103 Octonauts Octonauts Twitter.pdf(381822 bytes ) Ex. 104 - SpongeBob SpongeBob Twitter.pdf(342851 bytes ) Ex. 105 - SpongeBob SquarePants - Verified Page Facebook.pdf(4151675 bytes ) Ex. 106 - SpongeBob SquarePants spongebob nstagram photos and videos. pdf(6219787 bytes ) Ex. 107 SBYT.pdf(182794 bytes ) Ex. 108 - Toy Safety Prevention.pdf(162588 bytes ) Ex. 109 - Choosing Safe Toys for Toddlers and Preschoolers for Parent s - Nemours KidsHealth.pdf(371806 bytes ) Ex. 110 - Safety Resources Toy Safety.pdf(141442 bytes ) Ex. 111 - How to Buy Safe Toys - HealthyChildren.pdf(145520 bytes ) Ex. 112 - Toy Safety Business Guidance & Small Entity Compliance Guid e CPSC.pdf(797251 bytes ) Ex. 113 - Toy Safety Tips Children's Hospital Pittsburgh.pdf(160396 bytes )
Transcript of ESTTA Tracking number: ESTTA1136795 05/27/2021
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
ESTTA Tracking number: ESTTA1136795
Filing date: 05/27/2021
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91246554
Party DefendantKnow Yourself, PBC
CorrespondenceAddress
JEFFERSON F SCHERCARR & FERRELL LLP120 CONSTITUTION DRMENLO PARK, CA 94025UNITED STATESPrimary Email: [email protected] Email(s): [email protected], [email protected]
Submission Defendant's Notice of Reliance
Filer's Name Benjamin Ashurov
Filer's email [email protected]
Signature /Benjamin Ashuov/
Date 05/27/2021
Attachments Ex. 101 - the Octonauts.pdf(5479482 bytes )Ex. 102 octonautsliveus resources and Information.pdf(531569 bytes )Ex. 103 Octonauts Octonauts Twitter.pdf(381822 bytes )Ex. 104 - SpongeBob SpongeBob Twitter.pdf(342851 bytes )Ex. 105 - SpongeBob SquarePants - Verified Page Facebook.pdf(4151675bytes )Ex. 106 - SpongeBob SquarePants spongebob nstagram photos and videos.pdf(6219787 bytes )Ex. 107 SBYT.pdf(182794 bytes )Ex. 108 - Toy Safety Prevention.pdf(162588 bytes )Ex. 109 - Choosing Safe Toys for Toddlers and Preschoolers for Parent s -Nemours KidsHealth.pdf(371806 bytes )Ex. 110 - Safety Resources Toy Safety.pdf(141442 bytes )Ex. 111 - How to Buy Safe Toys - HealthyChildren.pdf(145520 bytes )Ex. 112 - Toy Safety Business Guidance & Small Entity Compliance Guid eCPSC.pdf(797251 bytes )Ex. 113 - Toy Safety Tips Children's Hospital Pittsburgh.pdf(160396 bytes )
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 101
5/26/21, 1(39 PMthe Octonauts
Page 1 of 4http://www.octonauts.com/
Sound the Octo-alert!
The first four original Octonauts
books are now available in a lovely
new box set.
Learn more about the books that
inspired the TV series!
The Octonauts are a crew of eight
adorable animals who explore the ocean
in search of adventure and fun! From
their undersea "Octopod" base, the
eight talented critters (including a
valiant polar bear, daredevil kitten, and
engineering-whiz bunny) are always
ready for excitement.
The Octonauts Animated TV Series
The Octonauts preschool animated
The Octonauts Underwater Adventures Box Set
Includes four classic Octonauts books &
an explore-rific art poster!
5/26/21, 1(39 PMthe Octonauts
Page 2 of 4http://www.octonauts.com/
series (produced by Silvergate Media)
has aired in over 100 countries
worldwide! Check your local listings and
tune in for exciting underwater
adventures.
Author inquiries & sweet notes,
please contact
OCTOHQ {at} octonauts.com
Questions relating to the TV
series, products & licensing,
please contact Silvergate Media
The Octonauts & the Growing Goldfish
5/26/21, 1(39 PMthe Octonauts
Page 3 of 4http://www.octonauts.com/
The Octonauts Explore the Great Big Ocean
The Octonauts & the Only Lonely Monster
The Octonauts & the Sea of Shade
5/26/21, 1(39 PMthe Octonauts
Page 4 of 4http://www.octonauts.com/
The Octonauts & the Frown Fish
The Octonauts & the Great Ghost Reef
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 102
5/26/21, 1(40 PMoctonautsliveus.com - This website is for sale! - octonautsliveus Resources and Information.
Page 1 of 2http://octonautsliveus.com./
octonautsliveus.com
Related Links
ONLINE
PSYCHOLOGY
DEGREE
ACCELERATED
BUSINESS
MANAGEMENT
DEGREE
VIDEO STREAM
API
ONLINE
SCHOOLS THAT
5/26/21, 1(40 PMoctonautsliveus.com - This website is for sale! - octonautsliveus Resources and Information.
Page 2 of 2http://octonautsliveus.com./
Search Ads
Buy this domain
The owner of octonautsliveus.com is offering it for sale for an asking price of 500 USD!
This webpage was generated by the domain owner using Sedo Domain Parking. Disclaimer: Sedo maintains no relationship with third partyadvertisers. Reference to any specific service or trade mark is not controlled by Sedo nor does it constitute or imply its association, endorsement
or recommendation.
Privacy Policy
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 103
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 1 of 7https://twitter.com/octonauts?lang=en
Sign up now to get your own personalized timeline!
New to Twitter?
Sign up
You might like
VividToys&Games@VividToyGroup
Casey Stoney MBE @CaseyStoney
HEY DUGGEE@HEYDUGGEE
Show more
Whatʼs happening
Villarreal vs Manchester United
Trending with Rashford
UEFA Europa League · LIVE
Amy Cooper4,032 Tweets
Trending in United States
#BTSxMcDonaldsTrending with #BTSMeal , Cajun
K-pop · Trending
COVID-19: News and updates for California
COVID-19 · LIVE
At least nine dead after a shooting at a light rail yard in San Jose, California
Trending with San Jose, #MassShooting
US news · This morning
Show more
Search Twitter
Follow
Octonauts@Octonauts
The Octonauts are a team of undersea explorers in search of adventure & fun! Created by TV series produced by Silvergate Media@meomiCloud
Octopod theOctonauts.com Joined May 2010
16 Following 8,109 Followers
Tweets Tweets & replies Media Likes
Pinned Tweet
· Mar 30Octonauts @Octonauts
Grab your popcorn – Octonauts & the Ring of Fire special is here!Now streaming on ! #Octonauts #RingofFire
#netflixfamily #kidsmovies #kids@netflixfamily
28 62 196
Show this thread
· May 14Octonauts @Octonauts
#WorldOceanDay is coming June 8th! #Octonauts #Kids #ocean
instagram.com/p/CO27Hz8lqjx/…
@WorldOceansDay
6 4 33
· May 5Octonauts @Octonauts
This Cinco de Mayo enjoy a throwback clip of Dashi, Kwazii and Tunip navigating the longest cave in Mexico! #CincodeMayo #CavesofSacActun #Mexico #Cenote #RescueMission #Octonauts #NetflixFamily #kidsmovies
@netflixfamily
1,309 TweetsOctonauts
Explore
Settings
Donʼt miss whatʼs happeningPeople on Twitter are the first to know.
Log in Sign up
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 2 of 7https://twitter.com/octonauts?lang=en
Topics to follow
Viral TweetsPopular right now
Funny TweetsTweets making people laugh
SportsAll about sports
NBABasketball league
RapMusic genre
Show more
Terms of Service Privacy Policy Cookie P
Ads info © 2021 Twitter, Inc.More
Rescue Mission Octonauts & the Caves of Sa…Dashi, Kwazii, and Tunip to the rescue! They must find Captain Barnacles and Peso the Penguin
youtube.com
1 7 32
· Apr 22Octonauts @Octonauts
Happy Earth Day from Team Octo! #EarthDay #Octonauts #NetflixFamily
@EarthDay @NetflixFamily
3 46 189
· Apr 14Octonauts @Octonauts
Calling all Octonauts! Today is National Dolphin Day & the team has you covered with amazing Dolphin facts
youtube.com/watch?v=Xs_ZZn…
#CreatureReport #NationalDolphinDay #Dolphin #Dolphins #Octonauts #NextflixFamily
@NetflixFamily
Octonauts: Creature Report - DolphinWant to join our next mission? Click here to Subscribe: http://goo.gl/DzwvWvCreature Report -
youtube.com
3 5 55
· Apr 9Octonauts @Octonauts
¡Explorar, rescatar y proteger! ¡Las temporadas de Los Octonautas uno a cuatro ahora están disponibles en español!
Explore, rescue, protect! Seasons 1-4 of Octonauts are available in Spanish! Now streaming on #Octonautas #LosOctonautas #Octonauts #netflixfamily
@netflixfamily
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 3 of 7https://twitter.com/octonauts?lang=en
5 9 57
Sign up to get Tweets about the Topics you follow in your Home timeline.Topics to follow
Dan Levy
Sonic the Hedgehog
Star Trek
Marine life
Angry Birds
Splatoon
· Apr 4Octonauts @Octonauts
Happy Easter from Tweak the Bunny! Check her out in the newest special: Octonauts & the Ring of Fire – streaming now
!
#HappyEaster #Easter #EasterSunday #Octonauts #RingofFire #netflixfamily #kidsmovies #kids
@netflixfamily
7 16 84
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 4 of 7https://twitter.com/octonauts?lang=en
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 5 of 7https://twitter.com/octonauts?lang=en
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 6 of 7https://twitter.com/octonauts?lang=en
5/26/21, 2(00 PMOctonauts (@Octonauts) / Twitter
Page 7 of 7https://twitter.com/octonauts?lang=en
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 104
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 1 of 6https://twitter.com/SpongeBob
Sign up now to get your own personalized timeline!
New to Twitter?
Sign up
You might like
Rihanna@rihanna
Twitter@Twitter
YouTube@YouTube
Show more
Whatʼs happening
Villarreal vs Manchester United
Trending with Rashford, Cavani
UEFA Europa League · LIVE
#IGotVaccinatedAnd1,737 Tweets
Trending in United States
ariana261K Tweets
Trending in United States
COVID-19: News and updates for California
COVID-19 · LIVE
Why Amazon buying MGM is a watershed moment for Hollywood
Trending with Amazon, Bezos
·Los Angeles Ti… 5 hours ago
Show more
Search Twitter
Follow
SpongeBob@SpongeBob
the official SpongeBob SquarePants Twitter from ! stream now on
@Nickelodeon@ParamountPlus
Bikini Bottom paramountplus.com/?ftag=AAM-00-1…Joined October 2008
20 Following 2.4M Followers
Tweets Tweets & replies Media Likes
· 1hSpongeBob @SpongeBob
48 541 3K
· 5hSpongeBob @SpongeBob
Squidward should never cook
139 358 3.6K
· May 25SpongeBob @SpongeBob
Camping: It doesn't matter where you are, as long as you're outdoors!
13K TweetsSpongeBob
Explore
Settings
Donʼt miss whatʼs happeningPeople on Twitter are the first to know.
Log in Sign up
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 2 of 6https://twitter.com/SpongeBob
Topics to follow
Viral TweetsPopular right now
Funny TweetsTweets making people laugh
SportsAll about sports
NBABasketball league
RapMusic genre
Show more
Terms of Service Privacy Policy Cookie P
Ads info © 2021 Twitter, Inc.More
78 1.1K 5K
· May 24SpongeBob @SpongeBob
PSSSSTTTTT
over here!
trying to tell you something important...
hi.
219 533 4.5K
· May 24SpongeBob @SpongeBob
making lemonade for the whole krew.
who wants one?
196 540 5.2K
· May 24SpongeBob @SpongeBob
Krusty Krab 2
164 466 5.5K
Sign up to get Tweets about the Topics you follow in your Home timeline.Topics to follow
Super Mario
Super Smash Bros.
Nintendo
Sonic the Hedgehog
Nintendo Switch
Cartoons
· May 24SpongeBob @SpongeBob
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 3 of 6https://twitter.com/SpongeBob
125 960 5.9K
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 4 of 6https://twitter.com/SpongeBob
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 5 of 6https://twitter.com/SpongeBob
5/26/21, 2(01 PMSpongeBob (@SpongeBob) / Twitter
Page 6 of 6https://twitter.com/SpongeBob
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 105
5/26/21, 1(55 PMSpongeBob SquarePants - Verified Page | Facebook
Page 1 of 3https://www.facebook.com/spongebob/
50,600,229 people like this
51,191,558 people follow this
See AllCommunity
TV Show · Community
Contact SpongeBob SquarePants onMessenger
www.spongebobshop.com
See AllAbout
Facebook is showing information to help you betterunderstand the purpose of a Page. See actions takenby the people who manage and post content.
VIACOM INTERNATIONAL INC. is responsiblefor this Page.
Page Transparency See More
People
50,600,229 likes
Pirate's Booty
The SpongeBob Musical
Pages Liked by This Page
See All
Photos
Videos
Email or Phone Password
Log In
Forgot account?
Watch Video Send MessageLike Share Block Page
SpongeBobSquarePants@spongebob
Home
About
Photos
Events
Videos
Posts
Groups
Community
Live
Create a Page
5/26/21, 1(55 PMSpongeBob SquarePants - Verified Page | Facebook
Page 2 of 3https://www.facebook.com/spongebob/
Pages Media TV & Movies TV Show
SpongeBob SquarePants
Privacy · Terms · Advertising · ·Cookies · MoreFacebook © 2021
Gary the Snail
Nickelodeon
Patrick Star
Spongebob Squarepants FansVideo Creator
SpongeBob & PatrickTV Show
We Bare BearsTV Show
VierraMusician/Band
Spongebob InfinityEntertainment Website
See More
Related Pages
English (US) · Español · Português (Brasil)· Français (France) · Deutsch
Ad Choices
See All
Posts
SpongeBob SquarePants
surfs up
2 hrs ·
1.2K1.2K 94 Comments 66 Shares
Like Comment Share
SpongeBob SquarePants posted an episode ofNickelodeon's On This Day.
On this day, SpongeBob and Patrick went camping... right outsideSquidward's house
Yesterday at 3c01 AM ·
Chocolate!!! In Multiple Languages | SpongeBob
On This Day We Learned th… Mental Health Awareness M…
7.7K 1.5K
6.2K 706 2.3K 307
5/26/21, 1(55 PMSpongeBob SquarePants - Verified Page | Facebook
Page 3 of 3https://www.facebook.com/spongebob/
See More
See All
5K5K 280 Comments 459 Shares
Like Comment Share
See more of SpongeBob SquarePants on Facebook
orLog In Create New Account
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 106
5/26/21, 1(55 PMSpongeBob SquarePants (@spongebob) • Instagram photos and videos
Page 1 of 3https://www.instagram.com/spongebob/?hl=en
1,729 posts 3.3m followers 59 following
spongebob Ve Follow
SpongeBob SquarePants
The official Instagram account of @nickelodeon s̓
#SpongeBob SquarePants Stream now on
@Paramountplus
www.paramountplus.com//?ftag=AAM-00-10ajc4a
Trivia Games Paramount+ Hardest Q… Cast
POSTS GUIDES IGTV TAGGEDREELS
Sign UpLog InSearch Search
Log In to Instagram
Log in to see photos and videos from friends and discover other accounts you'll love.
5/26/21, 1(55 PMSpongeBob SquarePants (@spongebob) • Instagram photos and videos
Page 2 of 3https://www.instagram.com/spongebob/?hl=en
Related Accounts See All
Show More Posts from spongebob
5/26/21, 1(55 PMSpongeBob SquarePants (@spongebob) • Instagram photos and videos
Page 3 of 3https://www.instagram.com/spongebob/?hl=en
About Blog Jobs Help API Privacy Terms Top Accounts Hashtags Locations
English © 2021 Instagram from Facebook
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 107
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 108
5/26/21, 6(49 PMToy Safety—Prevention
Page 1 of 3https://www.stanfordchildrens.org/en/topic/default?id=toy-safetyprevention-90-P02999
Toy Safety——Prevention
Safe toys tipsSafe toys tips
To make sure a toy is appropriate for your young child, check the label. In
general, most toys on the market today are safe. But, injuries still happen in
spite of tough government regulations and toy makers' efforts to test
products. The first step in preventing toy-related injuries is to know what to
look for.
Toy makers follow the guidelines established by the U.S. Consumer Product
Safety Commission (CPSC) in determining the age grading of a toy. The CPSC
now requires labeling on toys that are designed for children between the ages
of 3 and 6, which can pose a choking hazard for children under age 3. The
labels must specifically state that the toy is unsafe for children under age 3
and the reason for the warning.
The age recommendation on a toy reflects the safety of a toy based on four
categories. These include:
The physical ability of the child to play with the toy.
The mental ability of a child to know how to use the toy.
The play needs and interests present at various levels of a child's
development.
The safety aspects of a particular toy.
Families with children of various ages should remember that toys for older
children could be dangerous to younger children. To prevent toy-related
injuries or death, take the following safety steps:
ChokingChoking
Tips to avoid choking include:
Don't let your toddler (ages 3 and under) play with small toys and parts.
Children in this age group still "mouth" objects. This can cause them to
choke on small objects. A small parts tester can help determine if an object
is a choking risk.
Make sure that the toy is sturdy and that no small parts (such as eyes,
noses, buttons, or other parts) can break off the toy.
Don't allow your child to play with latex balloons.
Check under your furniture and between seat cushions for choking risks.
These include coins, marbles, watch batteries, buttons, or pen and marker
caps.
Don't let your child play on bean bag chairs that contain small foam pellets.
If the bean bag chair rips, your child can inhale and choke on the pellets.
The latest information about the 2019 Novel Coronavirus, including vaccine clinics for 12-17 year-olds.
5/26/21, 6(49 PMToy Safety—Prevention
Page 2 of 3https://www.stanfordchildrens.org/en/topic/default?id=toy-safetyprevention-90-P02999
An arrow, dart, or pellet can be a choking hazard when shot into a child's
mouth.
Falling or drowningFalling or drowning
Tips to avoid falling or drowning include:
Riding toys should be kept away from stairs, traffic, and bodies of water.
Supervise your child while playing on a riding toy and make sure he or she
fits properly on the toy.
Suffocation and strangulationSuffocation and strangulation
Tips to avoid suffocation and strangulation include:
Remember to discard any plastic wrapping the toy came in. Plastic
wrapping can suffocate a small child.
Infants should be able to get to string longer than 7 inches—especially
from hanging objects in cribs and playpens. They can strangle an infant.
Strangling may happen if a string, rope, or cord from a toy gets tangled
around a child's neck. Long objects can be deadly if your child falls or gets
tangled up in them while in a crib.
Loose or long parts of clothing, such as dangling hood cords, could also
strangle your child when tangled or hooked on playground equipment.
Other injuriesOther injuries
Tips to avoid other injuries include:
Eye injuries often result from toys that shoot plastic objects or other flying
pieces.
Playing with electric plug-in toys or hobby kits may result in serious
injuries. Burns and shocks may result from frayed cords, misuse, or
prolonged use.
Chemistry sets and other hobby kits may contain toxic substances or
materials that can catch fire and cause serious skin and eye injuries. They
can also cause explosions or poisoning.
Injuries also can result from snapping or machine-gun noises made by some
toys. Noise levels that are higher than 100 decibels can damage your child's
hearing. Caps are dangerous if used indoors or closer than 12 inches from
your child's ear.
Toy chests and other storage containers can cause serious childhood
injuries. They can pinch, bruise, or break tiny fingers and hands when a lid
closes suddenly. Your child also can suffocate if trapped inside a toy chest.
In addition, to protect your child from injury, be sure to always supervise him
or her when playing with toys.
5/26/21, 6(49 PMToy Safety—Prevention
Page 3 of 3https://www.stanfordchildrens.org/en/topic/default?id=toy-safetyprevention-90-P02999
Related Topics
Neurological Exam for Children
Multiple Sclerosis (MS)
Areas of interest: Areas of interest: Buying Guidelines for Safe and Fun Toys Tips to Lower Toddlers' Choking Risks
Toy Safety--Injury Statistics and Incidence Rates
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 109
5/26/21, 6(47 PMChoosing Safe Toys for Toddlers and Preschoolers (for Parents) - Nemours KidsHealth
Page 1 of 3https://kidshealth.org/en/parents/safetoys-young.html
en español
Elección de juguetes seguros
para niños pequeños que ya
caminan y niños de edad
preescolar
Toys are an important and fun part of every child's
development. But they can come with risks too. Choking is a
hazard for kids ages 3 or younger, because they tend to put
objects in their mouths. So it's important for parents to check
out their children's toys and supervise when kids play.
What to Look forHere are some general guidelines to keep in mind when shopping for toys:
Toys made of fabric should be labeled as flame resistant or flame retardant.
Stuffed toys should be washable.
Paint on any toys should be lead-free.
Art materials should say nontoxic.
Crayons and paints should say ASTM D-4236 on the package, which means that
they've been evaluated by the American Society for Testing and Materials.
Steer clear of older toys, even hand-me-downs from friends and family. Those toys might
have sentimental value and are certainly less expensive, but they may not meet current
safety standards and may be so worn from play that they can break and become
hazardous.
And make sure a toy isn't too loud for your child. The noise of some rattles, squeak toys,
and musical or electronic toys can be as loud as a car horn — even louder if a child
holds it directly to the ears — and can lead to hearing loss.
Safe Toys for Infants, Toddlers, and PreschoolersAlways read labels to make sure a toy is appropriate for a child's age. Guidelines
published by the U.S. Consumer Product Safety Commission (CPSC) and other groups
can help you make those buying decisions.
And consider your child's temperament, habits, and behavior whenever you buy a new
toy. Even a child who seems advanced compared with other kids the same age shouldn't
Choosing Safe Toys for Toddlers and
PreschoolersReviewed by: Kate M. Cronan, MD
MORE ON THIS TOPIC FOR:
View more
KidsHealth / for Parents / Choosing Safe Toys for Toddlers and Preschoolers
Play & Learn Center
Choosing Safe Baby Products: Toys
Smart Toys for Every Age
Choosing Safe Toys
Choosing Safe Baby Products
Parents
5/26/21, 6(47 PMChoosing Safe Toys for Toddlers and Preschoolers (for Parents) - Nemours KidsHealth
Page 2 of 3https://kidshealth.org/en/parents/safetoys-young.html
use toys meant for older kids. The age levels for toys are determined by safety factors,
not intelligence or maturity.
Keep these age-specific guidelines in mind:
Toys should be large enough — at least 1¼ inches (3 centimeters) in diameter
and 2¼ inches (6 centimeters) in length — so that they can't be swallowed or
lodged in the windpipe. A small-parts tester, or choke tube, can determine if a toy
is too small. These tubes are designed to be about the same diameter as a child's
windpipe. If an object fits inside the tube, then it's too small for a young child. If
you can't find a choke tube, ask a salesperson for help or use a toilet paper roll
tube.
Avoid marbles, coins, balls, and games with balls that are 1.75 inches (4.4
centimeters) in diameter or less because they can get stuck in the throat above
the windpipe and make breathing difficult.
Battery-operated toys should have battery cases that secure with screws so that
kids cannot pry them open. Batteries and battery fluid pose serious risks, including
choking, internal bleeding, and chemical burns.
When checking a toy for a baby or toddler, make sure it's unbreakable and strong
enough to withstand chewing. Also, make sure it doesn't have:
sharp ends or small parts like eyes, wheels, or buttons that can be pulled
loose
small ends that can reach the back of the mouth
strings longer than 7 inches (18 centimeters)
parts that could pinch small fingers
Most riding toys can be used once a child is able to sit up well while unsupported
— but check the manufacturer's recommendation. Riding toys like rocking horses
and wagons should come with safety harnesses or straps and be stable and
secure enough to prevent tipping.
Hand-me-down and homemade toys should be checked carefully. They may not
have been tested for safety. Do not give your infant painted toys made before
1978; they may have paint that contains lead.
Stuffed animals and other toys that are sold or given away at carnivals, fairs, and
in vending machines are not required to meet safety standards. Check carnival
toys carefully for loose parts and sharp edges before giving them to your infant.
Keeping Toys Safe at HomeAfter you've bought safe toys, it's also important to make sure kids know how to use
them. The best way to do this is by supervising play. Playing with your kids teaches them
how to play safely while having fun.
Parents should:
Teach kids to put toys away.
5/26/21, 6(47 PMChoosing Safe Toys for Toddlers and Preschoolers (for Parents) - Nemours KidsHealth
Page 3 of 3https://kidshealth.org/en/parents/safetoys-young.html
Check toys regularly to make sure that they aren't broken or unusable:
Wooden toys shouldn't have splinters.
Bikes and outdoor toys shouldn't have rust.
Stuffed toys shouldn't have broken seams or exposed removable parts.
Throw away broken toys or repair them right away.
Store outdoor toys when they're not in use so that they are not exposed to rain or
snow.
And be sure to keep toys clean. Some plastic toys can be cleaned in the dishwasher, but
read the manufacturer's directions first. Another option is to mix antibacterial soap or a
mild dishwashing detergent with hot water in a spray bottle and use it to clean toys,
rinsing them afterward.
Dangerous ObjectsMany non-toys also can tempt kids. It's important to keep them away from:
fireworks
matches
sharp scissors
balloons (uninflated or broken balloons can be choking hazards)
Reporting Unsafe ToysCheck the CPSC website for the latest information about toy recalls or call their hotline
at (800) 638-CPSC to report a toy you think is unsafe.
If you have any doubt about a toy's safety, err on the side of caution and do not allow
your child to play with it.
Reviewed by: Kate M. Cronan, MD
Date reviewed: June 2018
About Us Contact Us Partners Editorial Policy Permissions Guidelines Privacy Policy & Terms of Use Notice of
Nondiscrimination
Note: All information on KidsHealth® is for educational purposes only. For specific medical advice, diagnoses, and treatment, consult your doctor.
© 1995-2021 The Nemours Foundation. All rights reserved.
Images provided by The Nemours Foundation, iStock, Getty Images, Veer, Shutterstock, and Clipart.com.
for Parents for Kids for Teens For Educators
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 110
5/26/21, 6(48 PMSafety Resources: Toy Safety
Page 1 of 4https://www.seattlechildrens.org/health-safety/keeping-kids-healthy/prevention/toy-safety/
COVID-19: Vaccine Information, Visitor Information and What to Expect
Learn about Seattle Children’s Anti-Racism Organizational Change plan and
the independent review to combat systemic racism conducted by the
Assessment Committee.
Many toys are made with safety in mind, but no toy is
totally safe. Toys that break or are misused can become
dangerous. These tips will help you choose and
maintain safe toys. Share them with your child’s
caregivers and grandparents so that their homes, and
the gifts they give, are safer for your child, too.
Choose the Right Toys
Toys are age-graded for safety. Age-grades are guidelines that reflect the toy’s safety
based on:
Any choking or safety risks
The physical skills a child needs to play with the toy
How well a child can understand how to use the toy
The interests, needs and abilities at different stages of a child’s development
With this in mind:
Safety and Injury Prevention
Toy Safety
5/26/21, 6(48 PMSafety Resources: Toy Safety
Page 2 of 4https://www.seattlechildrens.org/health-safety/keeping-kids-healthy/prevention/toy-safety/
Choose toys that match your child’s age and skills.
Pick toys made of natural materials, like cotton, wool and uncoated wood.
Avoid old wooden toys with chipped paint. The paint may contain lead.
Check that toys made of fabric can be washed.
Choose toys labeled phthalate-free, PVC-free and BPA-free, avoiding plastic toys
with recycling codes #3, #6 and #7.
Choose paints, crayons, markers and other art materials that say “non-toxic.”
Buy the safety gear that goes with the item, such as a helmet with a bike.
Watch for Toy Dangers
Sharp edges and sharp points. Toys for older children may have sharp points or
edges that can hurt a small child. Avoid toys made from thin plastic that can
break easily. Also avoid giving toys with metal parts to toddlers and babies.
Small toys and toys with small parts. To prevent choking in kids 3 or younger,
make sure that toys and parts cannot fit inside an empty toilet paper tube or a
choke tube. Soft baby toys should be large enough that they can’t be swallowed
even when they are squished down. Check stuffed animals for eyes, noses and
parts that can come off. Put small toys and toys with small parts out of reach
when young ones are around.
Loud noises. Toys that make shrill or loud noise, such as toy cap guns, can
damage your child’s hearing. Read warning labels for how to use them safely. Try
toys in the store to check how loud they are.
Cords and strings. Toys with cords or strings longer than 7 inches can be harmful
for babies and very young children. They can get wrapped around a child’s neck.
Never hang toys with strings, cords or ribbons in cribs or playpens. Remove crib
gyms when your child can pull up on their hands and knees.
Toys that fly or shoot objects. These can badly injure the eyes. Avoid toys that can
fire things not made for use in the toy, such as pencils or nails. Arrows used by
children should have soft tips made out of cork or rubber. Have your child wear
safety glasses if you allow them to use toys that shoot objects.
5/26/21, 6(48 PMSafety Resources: Toy Safety
Page 3 of 4https://www.seattlechildrens.org/health-safety/keeping-kids-healthy/prevention/toy-safety/
Electric toys. Buy only toys that say “UL Approved” (Underwriters Laboratories).
Toys that heat up are all right for children older than 8 years when used with an
adult. Avoid fixing or making electric toys yourself. Make sure battery-operated
toys have a cover that closes with screws to keep the batteries secure inside the
toy.
Toys with magnets. If magnets come off and your child swallows two or more of
them, they can stick together inside your child’s body. This can cause injury or
death. Young children should not play with toys with magnets. If older children
play with toys with magnets, warn them not to put any magnets in their mouth.
Remember that the best way to protect your children is to watch them while they
play.
Keeping Toys Safe
Store toys in a safe place. Put all toys away and off the floor when they’re not
being used. If you have a toy chest, it should have air holes and be easy to open
from the inside. Check that the lid has a support that will hold the lid open in any
position. You may want a lid that comes off completely. Better yet, use baskets or
boxes without lids to store toys.
Check toys often for damage. Watch for splinters or sharp edges on wooden toys.
Sand them when needed. If you repaint toys, use new paint; old paint may contain
lead. Check outdoor toys for rust. If a toy cannot be fixed, throw it away. Check toys
with magnets to make sure no magnets are loose or missing.
Throw away plastic wrap and other packaging right away.
Read toy instructions and explain them to your child. Keep the instructions.
Visit the U.S. Consumer Product Safety Commission for information on recalled toys,
to sign up for e-mail notices about recalled toys, or to report an unsafe toy.
There are a lot of toy choices out there, and it can be hard to know what a child
might like and what will be safe. The age-specific toys and play information below
can help you know which activities and toys most children in each age group usually
5/26/21, 6(48 PMSafety Resources: Toy Safety
Page 4 of 4https://www.seattlechildrens.org/health-safety/keeping-kids-healthy/prevention/toy-safety/
Seattle Children’s complies with applicable federal and other civil rights laws and
does not discriminate, exclude people or treat them differently based on race, color,
religion (creed), sex, gender identity or expression, sexual orientation, national origin
(ancestry), age, disability, or any other status protected by applicable federal, state or
local law. Financial assistance for medically necessary services is based on family
income and hospital resources and is provided to children under age 21 whose
primary residence is in Washington, Alaska, Montana or Idaho.
4800 Sand Point Way NE,
PO Box 5371
Seattle, WA 98105
206-987-2000
866-987-2000 (toll-free)
206-987-0391 (TTY)
enjoy.
Toys and Play: Birth to 12 Months or Toys and Play: Birth to 12 Months (Spanish)
(PDF)
Toys and Play: 1- and 2-Year-Olds or Toys and Play: 1- and 2-Year-Olds (Spanish)
(PDF)
Toys and Play: 3-to-5-Year-Olds or Toys and Play: 3-to-5-Year-Olds (Spanish) (PDF)
Toys and Play: 6-to-8-Year-Olds or Toys and Play: 6-to-8-Year-Olds (Spanish) (PDF)
Toys and Play: 9-to-12-Year-Olds or Toys and Play: 9-to-12-Year-Olds (Spanish) (PDF)
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 111
5/26/21, 6(49 PMHow to Buy Safe Toys - HealthyChildren.org
Page 1 of 2https://www.healthychildren.org/English/safety-prevention/at-home/Pages/How-to-Buy-Safe-Toys.aspx
How to Buy Safe ToysChildren can have a lot of fun playing with their toys.However, it's important to keep in mind that safetyshould always come first. Each year thousands ofchildren are injured by toys.
Read on to learn what to look for when buying toys andhow a few simple ideas for safe use can often preventinjuries.
Preventing Injuries from Toys:Most injuries from toys are minor cuts, scrapes, andbruises. However, toys can cause serio us injury or evendeath. This happens when toys are dangerous or used in the wrong way.
10 Toy Buying Tips:Here are tips to help you choose safe and appropriate toys for your child.
1. Read the label. Warning labels give important information about how to use a toy and what ages the toy is safefor. Be sure to show your child how to use the toy the right way.
2. Think LARGE. Make sure all toys and parts are larger than your child's mouth to prevent choking(/English/health-issues/injuries-emergencies/Pages/Choking-Prevention.aspx).
3. Avoid toys that shoot objects into the air. They can cause serious eye injuries (/English/safety-prevention/at-play/Pages/Airsoft-Guns-Aim-for-Safety.aspx) or choking.
4. Avoid toys that are loud to prevent damage to your child's hearing. See 10 Tips to Preserve Your Child's Hearingduring the Holidays (/English/health-issues/conditions/ear-nose-throat/Pages/Tips-Preserve-Childs-Hearing-Holidays.aspx).
5. Look for stuffed toys that are well made. Make sure all the parts are on tight and seams and edges are secure.It should also be machine washable. Take off any loose ribbons or strings to avoid strangulation. Avoid toys thathave small bean-like pellets or stuffing that can cause choking or suffocation if swallowed.
6. Buy plastic toys that are sturdy. Toys made from thin plastic may break easily.
7. Avoid toys with toxic materials that could cause poisoning (/English/safety-prevention/all-around/Pages/Poison-Prevention.aspx). Make sure the label says “nontoxic."
8. Avoid hobby kits and chemistry sets for any child younger than 12 years. They can cause fires or explosionsand may contain dangerous chemicals. Make sure your older child knows how to safely handle these kinds oftoys.
9. Electric toys should be “UL Approved." Check the label to be sure.
10. Be careful when buying crib toys. Soft objects, loose bedding, or any objects that could increase the risk ofentrapment, suffocation, or strangulation should be kept out of the crib. Any hanging crib toy (mobiles(/English/safety-prevention/at-home/Pages/Make-Babys-Room-Safe.aspx), crib gyms) should be out of the baby's
5/26/21, 6(49 PMHow to Buy Safe Toys - HealthyChildren.org
Page 2 of 2https://www.healthychildren.org/English/safety-prevention/at-home/Pages/How-to-Buy-Safe-Toys.aspx
reach and must be removed when your baby first begins to push up on his or her hands and knees or when thebaby is 5 months old, whichever occurs first. These toys can strangle a baby. See Reduce the Risk of SIDS &Suffocation (/English/ages-stages/baby/sleep/Pages/Preventing-SIDS.aspx).
Choosing the Right Toys for the Right Age:Age recommendations on toys can be helpful, because they offer guidelines on the following:
The safety of the toy (for example, if there any possible choking hazards)
The ability of a child to play with the toy
The ability of a child to understand how to use a toy
The needs and interests at various levels of a child's development
Important Information About Recalled Toys:One of the goals of the Consumer Product Safety Commission (CPSC) (https://www.cpsc.gov/) is to protect consumersand families from dangerous toys. It sets up rules and guidelines to ensure products are safe and issues recalls ofproducts if a problem is found. Toys are recalled for various reasons including unsafe lead levels (/English/safety-prevention/all-around/Pages/Lead-Screening-for-Children.aspx), choking (/English/health-issues/injuries-emergencies/Pages/Choking-Prevention.aspx) or fire hazards (/English/safety-prevention/all-around/Pages/Fire-Safety.aspx), or other problems that make them dangerous. Toys that are recalled should be removed right away. If youthink your child has been exposed to a toy containing lead, ask your child's doctor about testing for elevated blood leadlevels. See Blood Lead Levels: What Parents Need to Know (/English/safety-prevention/all-around/Pages/Blood-Lead-Levels-in-Children-What-Parents-Need-to-Know.aspx).
Additional Information from HealthyChildren.org:(/English/safety-prevention/at-home/Pages/Dangers-of-Magnetic-Toys-and-Fake-Piercings.aspx)
(/English/safety-prevention/at-home/Pages/Dangers-of-Magnetic-Toys-and-Fake-Piercings.aspx)(/English/safety-prevention/at-home/Pages/Dangers-of-Magnetic-Toys-and-Fake-Piercings.aspx)Dangers ofMagnetic Toys and Fake Piercings (/English/safety-prevention/at-home/Pages/Dangers-of-Magnetic-Toys-and-Fake-Piercings.aspx)Button Battery Injuries in Children: A Growing Risk (/English/safety-prevention/at-home/Pages/Button-Battery-Injuries-in-Children-A-Growing-Risk.aspx)The Secret to a Smarter Baby (/English/ages-stages/baby/Pages/The-Secret-to-a-Smarter-Baby.aspx)10 No-Cost, Screen-Free Activities to Play with Your Preschooler (/English/ages-stages/preschool/nutrition-fitness/Pages/Motor-Activity-and-Self-Play.aspx)
Last Updated 12/7/2020Source Adapted from A Parent's Guide to Toy Safety (Copyright © 2008 American Academy of Pediatrics)
The information contained on this Web site should not be used as a substitute for the medical care and advice of your pediatrician. There may be variations in treatment that yourpediatrician may recommend based on individual facts and circumstances.
Back to Top
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 112
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 1 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
!
Toy Safety Business Guidance & Small Entity Compliance Guide
United StatesCONSUMER PRODUCT SAFETY COMMISSION
Toy Train Video
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 2 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
Table of Contents
Overview
Testing and Certification
Updates and Revisions to ASTM F963
Additional Resources
Specific Testing Questions
Labeling and Product Marking
Flammability
Lead and Heavy Metals
Overview
All toys intended for use by children 12 years of age and under must be third party tested and be certified in a Children’s Pr
enacted by Congress, and to other applicable requirements as well. Please see our Business Guidance Page. Also, please see guidance pages for other common r
products: lead, lead in paint, phthalates, small parts, and tracking labels.
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 3 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
What is the toy safety standard?
The toy safety standard refers to ASTM F963-17, as incorporated with a modification shown in 16 CFR Part 1250. All childr
must be tested and certified to ASTM F963-17.
ASTM F963-17, The Standard Consumer Safety Specification for Toy Safety, is a comprehensive standard addressing numer
Consumer Product Safety Improvement Act of 2008 (CPSIA) mandated that the voluntary toy safety standard in effect at that time become a nationwide mandatory childr
rule.
You may view a summary of the ASTM toy safety standard and purchase the standard in its entirety from ASTM International's website
of the toy safety standard, a table of contents of the standard's sections, and a list of products that are not covered by the toy safety standar
bicycles, are covered by another mandatory standard). To view the full standard, you must purchase the copyright-protected document fr
manufacturer or importer of children’s toys is responsible for identifying the sections of the toy standard that apply to their company’
Are third party testing and certification required for the toy safety standard?
Yes. Third party testing and certification are required for toys designed or intended primarily for children 12 and under. Once you have identified the applicable r
you must use a CPSC-accepted laboratory to perform testing to show that the product complies with the toy standard.
To facilitate the testing of your product, you should contact a CPSC-accepted laboratory to discuss your product and to secur
listing of which sections of the standard the laboratory proposes to test your product to for conformity. (As a consumer of such laboratory services, you may want to secur
more than one laboratory, as you likely would do with any major purchase.)
Does every section of the toy safety standard apply to every toy?
No. The toy safety standard is a lengthy document that contains provisions for many different types and classes of toys.
sections of the toy standard apply to different toys. Many of the standard's sections may not apply to a particular product, but ther
For example, if your toy does not produce any sound, it would not need to comply with the section of the toy standard that tests how loud a sound the toy makes; however
other provisions of the toy standard that may apply to your toy. Because different toys have different characteristics, materials, and functions, every toy needs to be r
determine what sections of the standard are applicable.
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 4 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
As a manufacturer or importer, it is your responsibility to review the toy safety standard and to consider which sections of the standar
contents free of charge.) Ultimately, however, you will likely need to have your product tested by a CPSC-accepted laboratory
Please see this helpful chart on ASTM F963-17 that breaks down the different sections of the toy standard into generally applicable r
Testing and CertificationDo all sections of the toy safety standard include third party testing requirements?
No, only certain provisions of the toy safety standard outlined in 16 CFR §1112.15(b)(32), and also detailed in this chart, specify thir
standard that require third party testing are:
ASTM F963-17
Section 4.3.5.1, Surface Coating Materials - Soluble Test for Metals
Section 4.3.5.2, Toy Substrate Materials
Section 4.3.6.3, Cleanliness of Liquids, Pastes, Putties, Gels, and Powders (except for cosmetics and tests on formulations used to pr
Section 4.3.7, Stuffing Materials
Section 4.5, Sound Producing Toys (requirements for this section modified by 16 CFR part 1250)
Section 4.6, Small Objects (except labeling and/or instructional literature requirements)
Section 4.7, Accessible Edges (except labeling and/or instructional literature requirements)
Section 4.8, Projections
Section 4.9, Accessible Points (except labeling and/or instructional literature requirements)
Section 4.10, Wires or Rods
Section 4.11, Nails and Fasteners
Section 4.12, Plastic Film
Section 4.13, Folding Mechanisms and Hinges
Section 4.14, Cords, Straps, and Elastics
Section 4.15, Stability and Overload Requirements
Section 4.16, Confined Spaces
Section 4.17, Wheels, Tires, and Axles
Section 4.18, Holes, Clearances, and Accessibility of Mechanisms
Section 4.19, Simulated Protective Devices (except labeling and/or instructional literature requirements)
Section 4.20.1, Pacifiers with Rubber Nipples/Nitrosamine Test
Section 4.20.2, Toy Pacifiers
Section 4.21, Projectile Toys
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 5 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
Section 4.22, Teethers and Teething Toys
Section 4.23.1, Rattles with Nearly Spherical, Hemispherical, or Circular Flared Ends
Section 4.24, Squeeze Toys
Section 4.25, Battery-Operated Toys (except labeling and/or instructional literature requirements)
Section 4.26, Toys Intended to Be Attached to a Crib or Playpen (except labeling and/or instructional literature requir
Section 4.27, Stuffed and Beanbag-Type Toys
Section 4.30, Toy Gun Marking
Section 4.32, Certain Toys with Spherical Ends
Section 4.35, Pompoms
Section 4.36, Hemispheric-Shaped Objects
Section 4.37, Yo-Yo Elastic Tether Toys
Section 4.38, Magnets (except labeling and/or instructional literature requirements)
Section 4.39, Jaw Entrapment in Handles and Steering Wheels
Section 4.40, Expanding Materials
Section 4.41, Toy Chests (except labeling and/or instructional literature requirements)
The sections of the toy safety standard that DO NOT require third party testing by the CPSC are as follows:
The sections of ASTM F963 pertaining to the manufacturing process, and thus, toys cannot be evaluated meaningfully by a test of the finished pr
at section 4.3.6.1).
Requirements for labeling, instructional literature, or producer's markings in ASTM F963. More information on this issue below in a separate F
Generally, the Commission has stated that it will not require third party testing and certification for certain labeling and technical r
requirements under the Federal Hazardous Substances Act (15 U.S.C. 1261−1278), nor the labeling requirements under the Flammable Fabrics Act (15 U.S.C. 1191
product to undergo third party testing.
The sections of ASTM F963 that involve assessments conducted by the unaided eye and without any sort of tool or device.
Do all sections of the toy safety standard require certification?
Yes. Although certain sections of the toy safety standard are exempted from third party testing, toys must be certified, in a
with all applicable sections of the toy safety standard. For the sections of the toy safety standard that are exempt from thir
product is compliant with those applicable sections and to certify compliance through a Children’s Product Certificate covering the pr
Where can I find the official Commission Notice of Requirements and the third party testing requirements for childr
The specific sections of the toy safety standard that require testing at a CPSC-accepted testing laboratory are listed at
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 6 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
For which age groups (i.e., the product's intended users) are third party testing and certification of toys required?
Toys intended or designed primarily for children 12 years of age or younger must be third party tested by a CPSC-accepted testing laboratory
Children’s Product Certificate.
Although ASTM F963 applies to toys intended for use by children under 14 years of age, federal law requires third party testing for items subject to childr
defines “children’s products” as consumer products designed or intended primarily for children 12 years of age or younger
Specific Testing Questions
Do warning labels, written instruction manuals, or other producer’s markings on a product or the product’s packaging r
No. In addition, the sections of ASTM F963 that involve assessments conducted by the unaided eye and without any sort of tool or device do not r
laboratory. See the complete list of sections that require third party testing, described in the bulleted list above. If a section fr
required.
Are toys required to be tested to meet flammability requirements?
No. Congress did not include flammability requirements and third party testing for toys when it made the toy safety standar
However, a children’s toy—during its customary and reasonably foreseeable handling or use—must not be a hazardous substance that may cause substantial personal injury or substantial
illness during, or as a proximate result of, being a highly flammable or extremely flammable solid. This requirement, which is fr
premarket, third party testing from a CPSC-accepted laboratory.
This means that there may be situations when a children’s toy that is likely to be used in or around a flame source, will need to be tested to ensur
flammable. If a manufacturer is uncertain, or wishes to test the product to be certain it is not highly flammable, 16 C.F.R. § 1500.44
provided in Annex A5 of ASTM F963 is another appropriate test method.
Must all accessible substrates be tested for total lead and soluble heavy elements, as specified in ASTM F963-17?
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 7 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
Not necessarily. Although section 4.3.5.2(1) of ASTM F963-17 says that the accessible substrates and all small parts must be tested for total lead and eight soluble heavy elements, the term
"accessible" is defined in 4.3.5.2(1)(a), and it is very important to determine whether your toy is subject to this additional requir
First, "accessible" is defined in section 3.1.2 of ASTM F963-17, and a toy must be examined for accessible parts both befor
Second, for the purpose of the definition in section 3.1.2, and as stated in section 4.3.5.2, only toys, or the parts of toys that can be sucked, mouthed, or ingested--both befor
appropriate use and abuse testing--need to be tested for the eight soluble heavy elements . This means that toys, or parts of toys that, due to their inaccessibility
characteristics, cannot be sucked, mouthed, or ingested, are not required to be tested for the soluble elements listed above. However
still may be required under the CPSIA, if they are accessible to touch.
The following criteria are considered reasonable for the classification of toys that are likely to be sucked, mouthed, or ingested: (1) all toy parts intended to be mouthed or contact food or
drink, components of toys which are cosmetics, and components or writing instruments categorized as toys; (2) toys intended for childr
that the parts or components of the toy would come into contact with the mouth. See Note 4 of Section 4.3.5.2(1)(a).
Therefore, if your product is age-graded as intended for use for children age 6 years and above, and is not likely to be sucked, mouthed, or ingested, it does not need to be tested for the eight
metals. Remember that regardless of this analysis, the CPSIA requires that all accessible components of children's products meet the lead content r
our lead guidance page.
Commission Determinations Regarding Heavy Elements Testing: The CPSC has determined that children’s toys made exclusively of any combination of the following materials do not
need to be tested to ASTM F963’s Section 4.3.5.2 Heavy Elements: Toy Substrate Materials by a third-party laboratory:
1. Unfinished and untreated wood (see 16 CFR §1251.2);
2. Engineered wood products made from particleboard, hardwood plywood, or medium-density fiberboard (see 16 CFR §1252.3(b)
3. Unfinished manufactured fibers that are untreated and unadulterated – nylon, polyurethane (spandex), viscose rayon, acrylic or modacrylic, and natural rubber latex (see
§1253.2(b)).
Cadmium
Section 4.3.5.2(1) states that the accessible substrates in toys (including accessible glass, metal, and ceramic toys or small parts of toys) ar
17, which specifies, among other requirements, a limit of 75 parts per million of soluble cadmium content (or 50 parts per million for modeling clays that ar
(c) states that the soluble cadmium content limit is 200µg.
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 8 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
What is the difference between these two requirements? The test procedure for the requirement in section 4.3.5.2(1) is based on a 2-hour extraction period. Section 4.3.5.2(2)(c) specifically
states that the section is in addition to the limits in Table 1, but only for metallic toys or metallic toy components that are small parts. That class of toys cannot exceed a value of 200 µg for
total cadmium extracted from an item within a 24-hour period when tested per section 8.3.5.5(3). The section does note, however
established by a screen of total element content as specified in 8.3.1."
Updates Revisions to ASTM F963
What are the key changes in the newest version of the CPSC’s toy safety standard, ASTM F963-17?
Projectile Toys
The latest revision to ASTM F963 corrected language from the 2016 version concerning the testing of projectile toys in section 4.21.2.3. This change was made to bring section 4.21.2.3 into
harmony with the intent of the March 31, 2017, CPSC staff enforcement discretion letter concerning that section.
Sound-Producing Toys
The regulation at 16 CFR part 1250 requires toys to comply with applicable provisions of ASTM F963-17, with one exception r
found in Section 8.20.1.5(5). The regulation at 16 CFR § 1250.2(c) indicates that toys, instead of complying with Section 8.20.1.5(5) of ASTM F963-17, must comply with the following:
Floor and tabletop toys that move, where the sound is caused as a result of the movement imparted on the toy (for example, a noise-making mechanism attached to an axle of a toy vehicle)
shall be tested using the method for pull and push toys. In addition to the C-weighted peak measurement maximum A-weighted sound pr
the requirements of 4.5.1.2.
Other
The majority of the changes made to ASTM F963-17 were editorial changes: grammar and spelling changes, and clarifications to sentences. Other changes wer
one definition was removed, one was clarified, one was changed editorially, and there were nine new references that were added that r
that was added in reference to the new language in section 4.21.2.3 for Projectiles with Stored Energy.
What were the key changes from the 2011 version to the 2016 version of CPSC's toy safety standard, ASTM F963?
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 9 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
Labeling Requirements
Battery-Operated Toys and Magnetic Toys received new labeling requirements. See Sections 5.15 for button or coin cell batteries and 5.17 for magnets.
Batteries
ASTM F963-16 incorporated new testing requirements on certain button and coin cell batteries of 1.5V+. There are four new testing methods – over
fault charging tests and short-circuit protection test. See section 8.19.
Heavy Elements
ASTM F963-16 updated the testing methodology for heavy elements to allow X-ray Fluorescence Spectrometry using Monochr
See Section 8.3.1.4.
Magnets
The 2016 version of the toy standard included a cyclic soaking test for only wooden toys, toys to be used in water, and mouth pieces of mouth-actuated toys with magnets or magnetic
components. See Section 8.25.4.
Mouth-Actuated Toys
ASTM F963-16 added design requirements to prevent projectiles from entering the mouth. See Section 8.13.2.
Projectile Toys
Kinetic energy density level changes allowed for certain types of projectile toys. Of particular note, CPSC staff issued a letter
section 4.21.2.3, to apply the KED requirements only to projectiles with energies greater than 0.08 J. This enforcement discr
Section 14 of the Consumer Product Safety Act (CPSA), 15 U.S.C. § 2063, so that testing would not be required for projectiles with ener
discretion went into effect immediately, and it will remain in effect until further notice. Please read the full letter for more information, and see Section 8.14 of the T
Ride-On Toys
Design changes:
Stability – dimensional spacing between wheels on the same axis, see Section 4.15.1.
Overloading – more stringent overload weight test for ride-on and seated toys, see Section 8.28.
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 10 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
Restraints – exempts straps used for waist restraints from free length and loop requirements, see Section 4.14.6,
Sound-Producing Toys
Redefined “mouth-actuated toys” to include broader range of toys (see Section 4.5):
increases peak limits (see Section 4.5.1.4 and Annex A12.9.4);
lowers test speed for push-pull toys (see Section 8.20.2.5 and Annex A12.9.10)
Sections added in ASTM F963-16
Toy Chests (Section 4.41) – Reincorporated toy chest sections 4.27 and associated provisions from ASTM F963-07
maximum lid drop.
Expanding Materials (Section 4.40) – new definitions, performance requirements, test methodology and a test template to addr
ingestion of expanding materials
Note, several of the new or revised requirements in the release of the 2016 version of ASTM F963 are intended to align ASTM F963, ISO 8124 and EN71 toy standar
changes listed above are only selected changes to the U.S. Toy Standard, ASTM F963-16 version.
If you are not sure how these changes affect your product, you can contact the CPSC Small Business Ombudsman for assistance by emailing us her
CPSC/Contact-Information/Contact-Specific-Offices-and-Public-Information/Small-Business-Ombudsman, or by calling 301-504-7945.
For future updates to ASTM F963, what happens when ASTM International submits proposed revision(s) to the Commission r
effect?
When ASTM International notifies the Commission of proposed revision(s) to ASTM F-963, the Commission has 90 days fr
determines that the proposed revision(s) does not improve the safety of the consumer product covered by the standard.
If the Commission informs ASTM International of its determination that the proposed revision(s) does not improve safety, the existing ASTM F963 standar
product safety rule, regardless of the proposed revision(s).
5/26/21, 6(50 PMToy Safety Business Guidance & Small Entity Compliance Guide | CPSC.gov
Page 11 of 11https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide
If the Commission does not respond to ASTM International within 90 days regarding the proposed revision(s) to ASTM F963, 90 days later (180 days total after notification by ASTM
International), the proposed revision(s) becomes effective as a consumer product safety rule.
Additional ResourcesASTM F 963-17 Chart
For more information, please contact the U.S. Consumer Product Safety Commission:
1. Office of Compliance (for specific enforcement inquires): e-mail: [email protected]; telephone: (800) 638-2772.
2. Small Business Ombudsman (for general assistance understanding and complying with CPSC regulations): e-mail: Please use our
response; telephone: (888) 531-9070.
This communication has been prepared for general informational purposes only and is based upon the facts and information pr
constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent their views. Any views expr
or superseded by the Commission.
Category:
Business Guidance
APPLICANT’S NOTICE OF RELIANCE
EXHIBIT 113
5/26/21, 6(52 PMToy Safety Tips | Children's Hospital Pittsburgh
Page 1 of 2https://www.chp.edu/injury-prevention/safety/home-and-yard/toys
COVID-19 Vaccine Information and Updates Read the Latest
INTERNATIONAL PATIENTS CAREERS NEWS
" #
Injury Prevention
Safety Topics
Wheels & Helmet Safety
Street & Off-Road Safety
Holiday & Seasonal
Home & Yard
Babysitting
Button Battery Safety
Child Abuse Prevention
Dog Bites
Fall Prevention
Fire Safety
Home Safety
Infant Safe Sleep
Insects
Internet Safety
Lawnmowers
Magnet Safety
Medication Safety
Tip-Over Safety
Toy Safety
Trampolines
Window Safety
Sports & Recreation
Toy Safety
Each year, approximately 3 billion toys are sold in the Unites States. While
meant to be fun and entertaining, some toys can be dangerous. Please make
responsible selections when purchasing gifts for children.
Below are some guidelines to help keep children safe.
Read instructions and warnings on the packaging.
Buy age-appropriate toys.
Listen to toys that make noise to be sure the sound will not frighten the
child.
Avoid toys with sharp or rigid points and dangerous edges.
Avoid toys with small parts that present a choking hazard for young
children.
Separate older and younger children’s toys in your household. Younger
children love to play with their older siblings’ toys, which may contain
small parts that could become choking hazards.
Avoid marbles, balls and games with balls that have a diameter of 1.75
inches or less for children under age 3.
Look for art materials, including crayons and paint sets, marked with the
designation “ASTM D-4236.” This means the product has been reviewed
by a toxicologist.
If you purchase a toy with wheels for a child of any age, such as bicycles,
skateboards, scooters and tricycles, buy a helmet too.
Inspect all toys for safe construction.
Demonstrate how to use the toy safely.
Secure all batteries firmly so they are not accessible.
Search
For Parents Our Services For Health Care
Professionals
Research About Us
Home Injury Prevention Safety Topics Home & Yard Toy Safety
AFFILIATED SITES
5/26/21, 6(52 PMToy Safety Tips | Children's Hospital Pittsburgh
Page 2 of 2https://www.chp.edu/injury-prevention/safety/home-and-yard/toys
//
Accolades
Find a Doctor
Search Locations
Contact Us
Find a Job
Health Library
Get Directions
Contact a Patient
Pay My Bill
Water & Sun
Injury Prevention Home
Safety Van
Gun Safety
For Teachers & Parents
Treating Common Injuries
Fun & Games
Podcasts
Additional Resources
Provide supervision.
Additional Resources
Juvenile Products Manufacturers Association
Toy Manufacturers of America, Inc.
Toy Industry Association
Consumer Product Safety Commission
© 2021 UPMC UPMC'S MEDICAL ADVICE DISCLAIMER UPMC PRIVACY INFORMATION UPMC'S WEBSITE & EMAIL TERMS OF USE POLICY
Supplemental content provided by Healthwise, Incorporated. To learn more, visit Healthwise.org.
$ % & ' ( *
