{"id":14956,"date":"2024-11-19T03:00:23","date_gmt":"2024-11-19T08:00:23","guid":{"rendered":"https:\/\/pirg.org\/edfund\/?post_type=resource&#038;p=14956"},"modified":"2025-08-28T11:32:19","modified_gmt":"2025-08-28T15:32:19","slug":"trouble-in-toyland-2024-unsafe-toys-that-slip-through-border","status":"publish","type":"resource","link":"https:\/\/pirg.org\/edfund\/resources\/trouble-in-toyland-2024-unsafe-toys-that-slip-through-border\/","title":{"rendered":"Trouble in Toyland 2024: Unsafe toys that slip through border"},"featured_media":55701,"template":"","meta":{"_acf_changed":false,"_yoast_wpseo_meta-robots-noindex":false,"_yoast_wpseo_meta-robots-nofollow":false,"_yoast_wpseo_opengraph-title":"","_yoast_wpseo_opengraph-description":"","_yoast_wpseo_twitter-title":"","_yoast_wpseo_twitter-description":""},"campaign_tax":[157],"display_option":[],"issue_tax":[],"resource_type":[64],"region_tax":[],"state":[2],"topic_tax":[124],"class_list":["post-14956","resource","type-resource","status-publish","hentry"],"acf":{"details":{"helper_taxonomies":{"topics":[124],"collection":false,"press_type":false,"person_type":false,"resource_type":64,"event_type":false,"campaigns":157,"department":false,"level":false,"states":[2],"act_option":false,"display_option":false,"primary":{"topic":124}},"subtitle":"","excerpt":"Loophole allows unsafe toys from overseas to flood market; inexpensive products often aren't inspected and don't meet U.S. safety standards","featured_image":55701,"caption_override":"","updated_on":null,"sidebar_action":"","related_event":"","hide_hero_image":false,"location":"internal","external_link":{"publication_name":"","url":""},"file":null,"sidebar_action_query_string":""},"helper_people_group":{"title":"Authors","entities":[{"type":"dynamic","dynamic_person":{"site":16,"people":"128"},"information":{"name":"","image":null,"role":"","biography":"","contact":{"twitter":"","facebook":"","email":"","phone":""}}}]},"helper_downloads":{"title":"VIEW THE FULL REPORT ","files":[{"file":100000000060235,"title":"- TROUBLE IN TOYLAND"}]},"page_layout":[{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"Scrolling online, you see a brightly colored, wooden peg sorting toy. It has 25 blocks that a toddler can play with and fit onto the pegs. It looks fun and educational, and it\u2019s only $4.04 with free shipping. It\u2019ll be a great holiday gift, you tell yourself.\r\n\r\nWhat you may not realize: The listing does not name the manufacturer. The toy is being shipped directly from overseas. And the Consumer Product Safety Commission has issued violation notices about similar wooden toddler toys also shipped from overseas because they don\u2019t comply with U.S. safety requirements. Does this toy contain lead or other toxics? Could small parts break off and choke a child? Was it even tested?\r\n\r\nWhen you buy a toy or any other product online and it\u2019s shipped directly to you from another country, it generally doesn\u2019t get inspected before it gets to your mailbox.\r\n\r\nAnd when products are shipped in bulk but the value is below the threshold that requires examination, the products generally don\u2019t get inspected by U.S. Customs and Border Protection because of a loophole for so-called \u201cde minimis,\u201d or low value packages.\r\n\r\nIn both cases, the items often don\u2019t meet U.S. standards. Once the products arrive at your home or in the warehouse of an online seller, if regulators find out about any dangers \u2013 from consumers, retailers or their own investigators \u2013 they often are powerless to stop the online sales or take the sellers to court to pursue recalls.\r\n\r\nIt\u2019s a growing problem made possible by aggressive marketing from international sellers, incomplete U.S. laws and the popularity of online shopping that surged during the pandemic.","":null}},{"acf_fc_layout":"layout_quote","_acfe_flexible_toggle":"","component_quote":{"quote":"You see companies putting a $700 value on 20 giant crates of goods worth hundreds of thousands of dollars. They're lying.","image":"","attribution":{"name":"Rich Trumka","role":"Commissioner, CPSC"}}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"In the last decade, the number of international shipments that claim to be exempt from inspection has surged from <a href=\"https:\/\/www.whitehouse.gov\/briefing-room\/statements-releases\/2024\/09\/13\/fact-sheet-biden-harris-administration-announces-new-actions-to-protect-american-consumers-workers-and-businesses-by-cracking-down-on-de-minimis-shipments-with-unsafe-unfairly-traded-products\/\">140 million a year to 1 billion a year<\/a>. That\u2019s nearly 3 million shipments every single day on average.\r\n\r\nThis includes more than children\u2019s products; it includes all types of consumer products and machinery for businesses.\r\n\r\nFor a tiny glimpse at the prevalence of this problem, U.S PIRG Education Fund analyzed two tactics the Consumer Product Safety Commission (CPSC) does have: Issuing obscure Notices of Violation and issuing public warnings that consumers almost never find out about.","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":55796,"caption_override":""}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<strong>A look at CPSC notices of violation:<\/strong>\r\n<ul>\r\n \t<li>The CPSC issued 1,020 notices of violation from January through July 2024. Of those, about 300 were for toys, not counting items such as art materials, scooters, or bike helmets.<\/li>\r\n \t<li>In 2023, the CPSC issued more than 2,300 violation notices. About 800 of those were for toys.<\/li>\r\n \t<li>Among the nearly 3,400 violation notices over the two years, the CPSC issued only one public warning initially, records show, and that wasn\u2019t for a toy; it was for a <a href=\"https:\/\/www.cpsc.gov\/Warnings\/2024\/CPSC-Warns-Consumers-to-Immediately-Stop-Using-Camzimo-Bicycle-Helmets-Due-to-Risk-of-Head-Injury-Violation-of-the-Federal-Regulations-for-Bicycle-Helmets-Sold-by-Amzomn-on-Amazon-com\">bike helmet<\/a> that didn\u2019t meet strength and impact standards. Last month, the CPSC did issue a <a href=\"https:\/\/www.cpsc.gov\/Newsroom\/News-Releases\/2025\/CPSC-Warns-Consumers-to-Immediately-Stop-Using-Kindly-Toys-Busy-Board-Toys-Due-to-Choking-Hazard-Violation-of-the-Federal-Regulation-for-Toys-with-Small-Parts\">warning for an infant busy board toy<\/a> after the Vietnam-based company didn\u2019t respond to a violation notice. The public violation notice database doesn\u2019t yet include October data.<\/li>\r\n<\/ul>\r\nTo reiterate, not all of those products were shipped directly to consumers from another country; the list also includes products sold by online retailers, which don\u2019t have to follow the same laws as brick-and-mortar stores, and lower-tier physical stores that may not vet sellers as well as larger chains.\r\n\r\nAmong the toys issued violation notices: Games, infant busy boards, educational toys, children\u2019s jewelry, blocks, plastic ride-on toys, baby teethers and stuffed animals.\r\n\r\nWhile regulators and members of both parties in Congress have discussed ways to crack down, this gap in product safety remains. It\u2019s particularly important when we\u2019re talking about products for our children.\r\n\r\nFor now, we have the best chance of keeping our children safe if we watch where we\u2019re buying products from and realize that direct-to-consumer items \u2013 while inexpensive and easy to find \u2013 put our families at risk.\r\n\r\nIt\u2019s great news that most traditional toys such as stuffed animals, games, dolls and building sets have become safer overall.\r\n\r\nThis is true because most manufacturers and U.S. sellers comply with <a href=\"https:\/\/www.cpsc.gov\/Regulations-Laws--Standards\/Statutes\/The-Consumer-Product-Safety-Improvement-Act\">tougher laws adopted in 2008<\/a> and other child protection standards more recently. Toy safety is largely kept in check through good oversight by regulators, efforts by many manufacturers, watchdog work by consumer advocates including PIRG and more awareness by parents and caregivers. As one data point, toy-related deaths and injuries treated in emergency rooms among children 14 and younger declined by 13% since 2017.\r\n\r\nThe proliferation of toys from overseas manufacturers and often sold under the radar online is a newer phenomenon.\r\n\r\nTo be clear, the problem here isn\u2019t all toys from China. About 80% of toys sold in the United States and Europe in 2023 were manufactured in China. Only a small percentage were deemed unsafe and those are usually sold direct to consumer or they enter the country through de minimis shipments.\r\n\r\nFor Trouble in Toyland 2024, we focus on this mounting threat, as well as new concerns about water beads, smart toys that invade children\u2019s privacy, high-powered magnets, button cell batteries and the ease consumers still have buying recalled toys, even though it\u2019s illegal to sell them.\r\n\r\nAbout <a href=\"https:\/\/www.chop.edu\/centers-programs\/injury-prevention-program\/toy-safety\">3 billion toys and games<\/a> are sold in the United States every year. Some of those are unsafe. Some of those lead to children being injured.\r\n\r\nEvery year, we see <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/Toy-Related-Deaths-and-Injuries-2022-Annual-Report.pdf?VersionId=cpf_NiDk6XFEg2RwKJrHSk2ySVi2Kwfh\">150,000 or more<\/a> toy-related deaths and injuries treated in emergency rooms among children 14 and younger.\r\n\r\nThis of course doesn\u2019t include injuries treated in doctors\u2019 offices or that don\u2019t require medical attention. Some of these incidents are caused by misuse, but dangerous toys lead to way too many injuries among children, especially those most vulnerable, age 4 and younger.\r\n\r\nTrouble in Toyland 2024 looks at some of the biggest threats and offers tips for shoppers and recommendations for lawmakers and regulators.","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"wide","image":"","caption_override":"Every year, we see 150,000 or more toy-related deaths and injuries treated in emergency rooms among children 14 and younger."}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":55801,"caption_override":""}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4>TOYS THAT EVADE INSPECTION<\/h4>\r\nToys and other imported products slip through regulation in two key ways:\r\n<ul>\r\n \t<li>Online sales, with packages mailed directly to consumers.<\/li>\r\n \t<li>Shipments that arrive at the ports but their shippers claim the crates or containers are of such low value that they don\u2019t warrant paperwork or inspection and aren\u2019t subject to duties or taxes. These shipments may be on their way to warehouses for traditional or online U.S.-based sellers. The low-value shipments are called de minimis.<\/li>\r\n<\/ul>\r\nAll children\u2019s products <a href=\"https:\/\/www.cpsc.gov\/Business--Manufacturing\/Testing-Certification\/Childrens-Product-Certificate\">require certification<\/a> from a third party. Unfortunately, some overseas companies lie about the contents of their shipments. They may say a shipment contains household goods, when it actually contains toys. Low-value household goods wouldn\u2019t require the same paperwork.\r\n\r\nAny children\u2019s products that arrive at the U.S. border without paperwork that documents compliance with U.S. safety standards are problematic from the start, said Nancy Cowles, executive director of Kids In Danger, a Chicago product safety organization.\r\n\r\n\u201cThere\u2019s no safety testing on these products,\u201d Cowles said. \u201cIt\u2019s illegal.\u201d But families usually have no idea about this, she said. Toys and other children\u2019s products must comply with restrictions on issues such as lead, phthalates and small parts.\r\n\r\nThe exception for de minimis shipments increased from $200 to $800 in <a href=\"https:\/\/www.cbp.gov\/trade\/trade-enforcement\/tftea\">2016<\/a>, giving companies more room to fudge the value of shipments. The materials and labor are low cost, and the companies don\u2019t have to pay taxes, so the items typically are much less expensive than you\u2019d see in the United States. A toy that sells for $30 or $40 in the United States might sell for $5 from an overseas company.\r\n\r\n\u201cYou see companies putting a $700 value on 20 giant crates of goods worth hundreds of thousands of dollars,\u201d said Rich Trumka, one of five commissioners with the Consumer Product Safety Commission.\r\n\r\nU.S. Customs and Border Protection wants to catch these companies so that proper taxes are collected and the products can be inspected for safety.\r\n\r\n\u201cThey\u2019re lying about what\u2019s in the packages, they\u2019re lying about the value of it and it\u2019s an incredibly difficult task to figure out what\u2019s in the packages by looking at them, until you crack them open,\u201d Trumka said in an interview with U.S. PIRG Education Fund. \u201cAnd the volume of it is extraordinary.\"","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":55794,"caption_override":"Online sellers such as Shein and Temu have become popular because of their low prices. These three range in price from $1.80 to $3.08"}},{"acf_fc_layout":"layout_accordion","_acfe_flexible_toggle":"","component_accordion":{"title":"Read more","entries":[{"title":"","content":"\u201cIt makes the job incredibly difficult and American consumers are at extreme risk because of it,\u201d Trumka said.\r\n\r\n<strong>The pandemic effect<\/strong>\r\n\r\nOur ability to buy a toy or most any other item online and get it delivered to our mailbox or doorstep has existed for <a href=\"https:\/\/www.cbsnews.com\/news\/20-years-of-amazons-expansive-evolution\/\">two decades<\/a>. Online marketplaces have expanded incredibly in recent years. These days, big, traditional retailers offer many items only online, not in their stores.\r\n\r\nConsumers\u2019 <a href=\"https:\/\/www.investopedia.com\/how-shopping-habits-changed-due-to-covid-5186278\">comfort with online purchases widened<\/a> when the pandemic hit in 2020. Worldwide, e-commerce sales grew from <a href=\"https:\/\/www.trade.gov\/impact-covid-pandemic-ecommerce\">14% to 18%<\/a> of retail sales from 2019 to 2020, according to the International Trade Administration.\r\n\r\nIn the United States, CPSC Chair Alex Hoehn-Saric notes that <a href=\"https:\/\/www.cpsc.gov\/About-CPSC\/Chairman\/Alexander-Hoehn-Saric\/Speech\/Remarks-of-Chair-Alexander-D-Hoehn-Saric-International-Consumer-Product-Health-and-Safety-Organization-ICPHSO-2024-Annual-Symposium\">total e-commerce sales<\/a> were estimated at a little more than $1 trillion in 2022, an increase of 8% from the year before. And the sales keep rising.\r\n\r\nMeanwhile, newer online marketplaces are expanding into the U.S. market. All of that adds up to a newer, largely unregulated way for companies to sell their products. Many of the products may be perfectly safe and meet all U.S. standards. But many of them do not. It can be difficult to detect without inspection and testing.\r\n\r\n<strong>Temu and Shein worry some <\/strong>\r\n\r\nThe risk increases when the company is based overseas and doesn\u2019t work with a U.S. importer, distributor, manufacturer or retailer that is regulated by the Consumer Product Safety Commission.\r\n\r\nIn some cases, a shopper may not even realize a product was sent from overseas because the company sent items in bulk to be shipped out from a U.S. address.\r\n\r\nTwo of the companies raising the biggest flags for U.S. regulators are <a href=\"https:\/\/abcnews.go.com\/International\/wireStory\/chinese-online-retailer-temu-faces-european-union-investigation-115347385\">Temu<\/a>, based in China, and <a href=\"https:\/\/www.theatlantic.com\/international\/archive\/2024\/09\/shein-ceo-chris-xu-fast-fashion\/679709\/\">Shein<\/a>, founded in China and now is headquartered in Singapore. Since January 2023, the CPSC issued notices of violation on numerous products sold by Temu and Shein, including puzzles, push-pull toys, toy guns, musical toys and wooden sorting toys.\r\n\r\n\u201cIn just the last two years roughly, Chinese online marketplaces have exploded in size, selling cheap goods at dumping prices into the American market,\u201d U.S. Rep. Dan Bishop (R-N.C.) <a href=\"https:\/\/www.congress.gov\/118\/crec\/2024\/04\/18\/170\/68\/CREC-2024-04-18.pdf\">said in a brief speech<\/a> in Congress in April. \u201cWhat is causing this? Well, they learned to exploit fully the de minimis tariff loophole.\u201d\r\n\r\nBishop said that in 2023, nearly a billion packages entered the United States because the shippers claimed they\u2019re de minimis. That\u2019s about 3 million shipments per day. Temu and Shein comprise about one-third of all de minimis shipments, he said. \u201cThat is not de minimis business. It is big money.\u201d\r\n\r\nJust three weeks ago, the <a href=\"https:\/\/european-union.europa.eu\/principles-countries-history\/facts-and-figures-european-union_en\">27-nation European Union<\/a> announced <a href=\"https:\/\/abcnews.go.com\/International\/wireStory\/chinese-online-retailer-temu-faces-european-union-investigation-115347385\">it\u2019s investigating<\/a> whether Temu allows the sale of illegal and unsafe products. Temu has 92 million users in the European Union, which includes countries such as France, Spain, Italy and Germany.\r\n\r\nIn the United States, commissioners at the CPSC are also sounding the alarms.\r\n\r\n<strong>Temu commands 17% of U.S. sales for online discount retailers <\/strong>\r\n\r\nIn a <a href=\"https:\/\/www.cpsc.gov\/About-CPSC\/Chairman\/Alexander-Hoehn-Saric\/Speech\/Remarks-of-Chair-Alexander-D-Hoehn-Saric-International-Consumer-Product-Health-and-Safety-Organization-ICPHSO-2024-Annual-Symposium\">speech in February<\/a>, Hoehn-Saric, the CPSC chair, cited Temu. The Temu shopping app launched in <a href=\"https:\/\/www.marketplacepulse.com\/articles\/temu-marketplace-launches-in-the-us\">September 2022<\/a>. By November 2023, it held <a href=\"https:\/\/www.cnn.com\/2024\/05\/23\/business\/pinduoduo-temu-us-ecommerce-bargains-intl-hnk\/index.html\">nearly 17%<\/a> of online discount store sales among U.S. shoppers. It wants more. Temu spent tens of millions of dollars on TV advertisements during the last Super Bowl, which was watched by 123 million viewers, he said.\r\n\r\n\u201cAs more platforms enter the market and as more consumers turn to e-commerce, it is critical that online marketplaces act as responsible gatekeepers to protect their users from hazardous products,\u201d Hoehn-Saric said. He wants companies to do more voluntarily to hold third-party sellers accountable.\r\n\r\nCPSC Commissioners Peter Feldman and Douglas Dziak want CPSC staff to explore whether online platforms such as Temu, Shein and other foreign-owned companies obey the Consumer Product Safety Act.\r\n\r\n\u201cThis examination will inform the Commission on the legal status of these platforms,\u201d Feldman and Dziak wrote in a <a href=\"https:\/\/www.cpsc.gov\/About-CPSC\/Commissioner\/Douglas-Dziak-Peter-A-Feldman\/Statement\/Joint-Statement-of-Commissioners-Peter-A-Feldman-and-Douglas-Dziak-Examining-the-Operations-of-Foreign-E-Commerce-Sites\">statement<\/a> in September. \u201cTo the extent a platform falls outside the Commission\u2019s reach, policymakers must understand where gaps exist and how best to address them. Likewise, the Commission must better understand what enforcement challenges exist with respect to foreign third-party sellers.\u201d\r\n\r\nFeldman and Dziak are also concerned about reports that thousands of Chinese manufacturers and vendors have signed on to provide products to Shein and Temu, which they noted have soared in popularity thanks to their super low-cost consumer products.\r\n\r\nTrumka, another CPSC commissioner, said, \u201cBefore these emerging e-commerce platforms could undercut the cost of everything else, they didn\u2019t exist. They came into existence because of this loophole and flooded the market with potentially dangerous goods.\u201d\r\n\r\nShoppers often assume online sellers are just as reputable as the Target or Best Buy or Kohls you can drive to, <a href=\"https:\/\/www.cpsc.gov\/About-CPSC\/Chairman\/Alexander-Hoehn-Saric\/Speech\/Remarks-of-Chair-Alexander-D-Hoehn-Saric-International-Consumer-Product-Health-and-Safety-Organization-ICPHSO-2024-Annual-Symposium\">Hoehn-Saric said<\/a>. They\u2019re not. And consumers often have no recourse if the product is defective, unsafe or just junk.\r\n\r\n\u201cToo often consumers are left holding a defective product while the online marketplace they purchased it from points the finger of blame at the same seller the marketplace allowed on its site,\u201d Hoehn-Saric said.\r\n\r\n\u201cToo often unscrupulous manufacturers selling online disappear after being contacted by CPSC about a hazardous product. And even when CPSC is able to get an online marketplace to take a listing down, that same product listing can reappear on the same marketplace under a different manufacturer\u2019s name within days.\u201d\r\n\r\n\u201cThis game of online whack-a-mole must stop,\u201d Hoehn-Saric said.\r\n\r\nAs one tactic, Feldman said the CPSC\u2019s eSAFE team actively searches e-commerce sites for banned or recalled product listings. In a new strategy, the CPSC in June launched an online complaint portal for businesses to report violations. Feldman and Dziak pushed for the concept, which is aimed at giving companies, importers and other businesses a way to report unsafe or noncompliant products more easily."}]}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4><strong>Amazon\u2019s new venture to ship directly from China<\/strong><\/h4>\r\nRegulators and lawmakers already concerned about overseas direct-to-consumer purchases have a new player to watch: Online giant Amazon on Nov. 13 announced a new venture, \u201c<a href=\"https:\/\/www.aboutamazon.com\/news\/retail\/affordable-products-amazon-20-dollars-and-under\">Amazon Haul<\/a>,\u201d which the company says will offer \u201ccrazy low prices.\u201d Purchases will ship directly to consumers from a warehouse in <a href=\"https:\/\/www.forbes.com\/sites\/conormurray\/2024\/11\/13\/what-to-know-about-amazon-haul-e-commerce-giants-new-temu-and-shein-competitor\/\">China<\/a>.\r\n\r\nAll products will cost $20 or less, with most at $10 or less and some for just $1.\r\n\r\nHaul will compete with Temu, Shein and TikTok Shop.\r\n\r\nPurchases will take longer to arrive, typically one to two weeks, as opposed to Amazon\u2019s typical same-day or one- or two-day delivery.\r\n\r\n\u201cAmazon screens the products sellers offer in Haul,\u201d the company said in its <a href=\"https:\/\/www.aboutamazon.com\/news\/retail\/affordable-products-amazon-20-dollars-and-under\">announcement<\/a>, adding that all products will be screened \u201cso customers can be confident they\u2019ll receive products that are safe, authentic, and compliant with applicable regulations.\u201d\r\n\r\nThe company said all purchases will be protected by Amazon\u2019s A-to-z guarantee, which \u201ccovers product condition, including if the item is damaged, defective, or not as described.\u201d However, items priced at less than $3 won\u2019t be eligible for return.\r\n\r\nThe concern here is that Amazon hasn\u2019t always cooperated with recall requests from the CPSC. That\u2019s what led to a <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/pdfs\/recall\/lawsuits\/abc\/001-In-re-Amazon-com-Inc__.pdf?TvLLxHy1UMfiz3BpfXaKjQy1ibQbYAiU\">2021 case<\/a> against Amazon by the CPSC. After hearings and appeals in court, the <a href=\"https:\/\/www.cpsc.gov\/Newsroom\/News-Releases\/2024\/CPSC-Finds-Amazon-Responsible-Under-Federal-Safety-Law-for-Hazardous-Products-Sold-by-Third-Party-Sellers-on-Amazon-com\">CPSC in July 2024 unanimously determined<\/a> that Amazon is a \u201cdistributor\u201d for certain products that are defective or violate safety standards. That makes Amazon responsible for recalls. Amazon requested a <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/pdfs\/recall\/lawsuits\/abc\/143-Amazons-Letter-to-the-Commissioners.pdf?VersionId=VY3EB.wC8LWJ7umrZmkkP.wKMeHkYV5z\">stay<\/a> from the CPSC; the CPSC <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/pdfs\/recall\/lawsuits\/abc\/145-2024-08-09-CCs-Opp-to-Respondents-Motion-to-Stay-In-re-Amazon.pdf?VersionId=EogeKHgvMWq2mZK9xJv6arHox_JVVxun\">opposed<\/a> the motion, saying any stay request should go through federal district court.\r\n\r\nProducts listed on Amazon Haul include a \u201ccartoon penguin coin purse money bag plush doll\u201d for $1.78, a 180-piece set of \u201cchildren\u2019s car truck stickers\u201d for $2.99, a \u201cDIY black pink children\u2019s toys cartoon decoration crafts ornament mini rabbit figurines rabbit doll\u201d for $2.54 and a \u201cschool large capacity children straw cup water cup cartoon water bottle\u201d for $6.12.","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":55797,"caption_override":"Amazon's new venture -- Amazon Haul -- is expected to compete with Temu and Shein for all sorts of low-cost products, including toys and other items for children."}},{"acf_fc_layout":"layout_accordion","_acfe_flexible_toggle":"","component_accordion":{"title":"Read more","entries":[{"title":"The push to close a big loophole","content":"On products shipped in bulk overseas from a company, Feldman and Dziak said U.S. regulators have work to do. \u201cWe seek to better understand these firms, particularly their focus on low-value direct-to-consumer \u2013 sometimes called <em>de minimis \u2013 <\/em>shipments and the enforcement challenges when\r\n\r\nChinese firms with little or no U.S. presence distribute consumer products through these platforms.\r\n\r\n\u201cThis form of commerce can benefit consumers and sellers in many ways, but CPSC must make clear its expectations regarding these platforms\u2019 responsibilities to ensure safety,\u201d the commissioners said.\r\n\r\nIn September, the <a href=\"https:\/\/bidenwhitehouse.archives.gov\/briefing-room\/statements-releases\/2024\/09\/13\/fact-sheet-biden-harris-administration-announces-new-actions-to-protect-american-consumers-workers-and-businesses-by-cracking-down-on-de-minimis-shipments-with-unsafe-unfairly-traded-products\/\" target=\"_blank\" rel=\"noopener\">White House<\/a> said it wants to tighten import rules to stop countries from claiming a de minimis exception on a huge volume of their shipments to the United States.\r\n\r\nCurrent exclusions allow not only unsafe products, but also allow counterfeit products and illegal drugs such as fentanyl to pour in. In addition, de minimis shipments into the United States are not subject to duties and taxes.\r\n\r\nAll of this hurts not only U.S. consumers, but also manufacturers, workers and retailers.\r\n\r\n\u201cThe dramatic increase in direct-to-consumer sales, especially from sellers and websites based outside of the U.S., increases concerns about products that do not meet our strict safety standards,\u201d said Joan Lawrence, senior vice president of standards and regulatory affairs at The Toy Association, the industry\u2019s trade group.\r\n\r\n\u201cIt puts consumers at risk, and hurts responsible toy companies which go to great lengths to make safe, quality brands and products,\u201d Lawrence said.\r\n\r\nThe White House called on Congress to pass laws to reform de minimis exceptions.\r\n\r\nSuch legislation, the <a href=\"https:\/\/www.congress.gov\/bill\/116th-congress\/house-bill\/8134\/cosponsors\">Consumer Product Safety Inspection Enhancement Act<\/a>, was introduced in 2020 by Rep. Jan Schakowsky, (D-Illinois,) and co-sponsored by Rep. Jeff Duncan (R-S.C.). A separate bill, the <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/senate-bill\/4082\/text\">Ensure Accountability in De Minimis Act<\/a>, was introduced in April 2024 by Sen. Mike Braun (R-Indiana) and co-sponsored by Sen. Tammy Baldwin (D-Wisconsin.) Neither bill got out of committee.\r\n\r\n<strong>Hiding hundreds of thousands of dollars worth of goods<\/strong>\r\n\r\nSometimes, U.S. Customs and Border Protection and the CPSC do catch unsafe toys at the border. The CPSC, in collaboration with Customs, confiscated <a href=\"https:\/\/www.cpsc.gov\/Newsroom\/News-Releases\/2025\/Happy-Holidays-Start-with-Safety-CPSC-Urges-Families-to-Cook-Decorate-and-Select-Toys-with-Care-This-Season\" target=\"_blank\" rel=\"noopener\">nearly 1.6 million<\/a> dangerous or illegal toys in fiscal year 2024, up from 1.1 million in fiscal year 2023, according to the CPSC. Nearly 102,000 of the toys seized this year contained unsafe levels of lead, which <a href=\"https:\/\/www.cdc.gov\/lead-prevention\/symptoms-complications\/index.html\">can cause<\/a> brain damage, nervous system problems and other health issues.\r\n\r\nOnly a small fraction of hazardous products get seized, Trumka said. Most of them get through. That\u2019s not the fault of Customs or the CPSC, he stressed. It\u2019s the existing law, humongous volume and lack of resources.\r\n\r\nIn some cases, the unsafe products coming across the border aren\u2019t sold by foreign-based websites or obscure retailers. They\u2019re sold by companies as well known as Amazon and Walmart.com. For years, the CPSC has tangled with Amazon because, when the CPSC discovers unsafe products sold exclusively by Amazon, the online giant sometimes won\u2019t cooperate with a recall.\r\n\r\nThe CPSC issues warnings for the most worrisome products; it has issued 58 so far this year (through Nov. 8) for toys and other products. Of those, 22 were sold exclusively by Amazon; three were sold exclusively by Amazon and Walmart.com. Nearly all of the products sold exclusively by Amazon and Walmart.com originated overseas.\r\n\r\nThe CPSC during the next year will officially focus more on e-commerce platforms. The amendment to the CPSC\u2019s\r\n\r\nformal operating plan was adopted unanimously by commissioners. That reflects \u201cthe seriousness of these issues and recognition that more needs to be done to police e-commerce and keep American families safe from dangerous products manufactured overseas,\u201d said Feldman, who pushed for the amendment.\r\n\r\nCowles noted that a crackdown at the border and elimination of the $800 threshold for exemption wouldn\u2019t necessarily affect all direct-to-consumer packages.\r\n\r\nThat\u2019s where consumer awareness may come in."}]}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":51953,"caption_override":"This photo shows water beads at their original size and then how they expand after combined with water. We show a quarter for scale."}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4>WATER BEADS<\/h4>\r\nConsumer advocates have sounded the alarm about water beads for more than two years. Water beads are a colorful, squishy sensory toy. Some are small as pinheads or ice cream sprinkles. The problem is, as the name suggests, they expand when exposed to water, from the size of a pea, for example, to two inches in diameter.\r\n\r\nIf a child swallows one of these beads that look like candy, it can expand. If it\u2019s swallowed or inserted into an ear canal, the water beads absorb bodily fluids and expand. This can and has led to a blocked airway, intestinal or bowel blockage, lung or ear damage and other life-altering injuries.\r\n\r\nAbout 6,000 people were treated in emergency rooms in calendar year 2023 for injuries or illnesses caused by water beads, according to <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/Toy_Report_2023_Final.pdf?VersionId=T_4d35a2aad8irywEHPUNj.Z9XApZGd7\" target=\"_blank\" rel=\"noopener\">the CPSC<\/a>. At least one death is blamed on water beads: a 10-month-old in Wisconsin died in July 2023.\r\n\r\nThe CPSC in September 2023 issued a strong <a href=\"https:\/\/www.cpsc.gov\/Safety-Education\/Safety-Education-Centers\/Water-Beads-Information-Center\">warning to families<\/a> to keep water beads out of any place where babies and young children might be. It\u2019s not enough to make sure they\u2019re picked up after play; it\u2019s nearly impossible to be absolutely sure that something the size of an ice cream sprinkle didn\u2019t roll away. They just shouldn\u2019t be in the same homes or buildings as children.\r\n\r\nIn <a href=\"https:\/\/pirg.org\/edfund\/updates\/water-beads-amazon-walmart-to-stop-selling-dangerous-sensory-toys\/\">December 2023<\/a>, Amazon, Walmart and Target announced they would prohibit sales of water beads marketed to young children.\r\n\r\nDespite the public warnings, proposed federal laws and retailer announcements to stop selling water beads as toys, the practice continues.\r\n\r\nAs two examples, U.S. PIRG Education Fund purchased two different types of water beads, in November 2023 and May 2024. The products were described as sensory toys when we bought them. The same products are now described as vase fillers or home decorations.","":null}},{"acf_fc_layout":"layout_accordion","_acfe_flexible_toggle":"","component_accordion":{"title":"Read more","entries":[{"title":"","content":"The news followed an investigation by <a href=\"https:\/\/www.consumerreports.org\/babies-kids\/toys\/amazon-to-stop-selling-water-bead-toys-a2333261526\/\">Consumer Reports<\/a>, which began pressuring retailers to stop selling water beads.\r\n\r\nBills have been introduced in Congress that would restrict water beads marketed as toys. The <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/house-bill\/6468\">Ban Water Beads Act<\/a> was introduced in Congress in November 2023 by Frank Pallone Jr., (D-N.J.), and <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/senate-bill\/4298\">Esther\u2019s Law<\/a> was introduced in May 2024 by Sen. Tammy Baldwin (D-Wisconsin.) It\u2019s named after the Wisconsin baby who died after ingesting a water bead. Both bills sat in committees.\r\n\r\nMeanwhile, the <a href=\"https:\/\/www.goodmorningamerica.com\/amp\/news\/video\/pediatric-water-bead-related-er-visits-soared-2022-112867000\">injuries continue<\/a> to mount.\r\n\r\nIn <a href=\"https:\/\/www.shreveportbossieradvocate.com\/news\/children-eat-water-beads-at-little-sprouts-in-bossier\/article_87e4c6f6-49c8-11ef-973c-3f7c48a36513.amp.html\">July 2024<\/a>, at least five children were injured and taken to the hospital in Bossier City, La. One child was in intensive care.\r\n\r\nThe CPSC this year <a href=\"https:\/\/www.federalregister.gov\/documents\/2024\/09\/09\/2024-19286\/safety-standard-for-toys-requirements-for-water-beads\">proposed rules<\/a> to regulate water beads marketed as toys, and other toys with \u201cexpanding materials.\u201d That\u2019s defined as any toy that expands by at least 50%. Comments are due <a href=\"https:\/\/www.federalregister.gov\/documents\/2024\/11\/08\/2024-25876\/notice-of-proposed-rulemaking-safety-standard-for-toys-requirements-for-water-beads-extension-of\">Dec. 8, 2024<\/a>.\r\n\r\nOthers want to see a ban on any water beads with bright colors \u2013 no matter what their labeled use is \u2013 because they could look like candy to young children."}]}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4><b>XL WATER BEADS <\/b><span style=\"font-weight: 400;\">1800Pcs Large Water Gel Beads Non Toxic, Jumbo Water Gel Beads Rainbow Mix Growing Balls for Vase Filler, Wedding and Home Decoration by YIQUDUO (<\/span><a href=\"https:\/\/www.amazon.com\/stores\/YIQUDUO\/page\/7A4D4515-BF34-49F6-B1D7-7D4CDA2645DF?ref_=ast_bln\"><b>Visit the BABIYA Store<\/b><\/a><b>)\r\n<\/b><b><\/b><b>Here\u2019s a photo of the product we bought in May 2024. It lists \u201csensory play\u201d as the first use.<\/b><\/h4>","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"wide","image":56107,"caption_override":""}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4><b>Here\u2019s the exact same product, using the same link, <\/b><a href=\"https:\/\/www.amazon.com\/gp\/product\/B08R59S818\/ref=ppx_yo_dt_b_search_asin_title?ie=UTF8&amp;psc=1\"><b>as displayed online now<\/b><\/a><b>. Note that \u201csensory play\u201d has been deleted from the lower left side of the label.\u00a0<\/b><\/h4>\r\n<h4><b>The space is blank. The other product uses are the same.<\/b><\/h4>","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"wide","image":56109,"caption_override":""}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4 style=\"text-align: center;\"><strong>When you visit the vendor store listed, <a href=\"https:\/\/www.amazon.com\/stores\/YIQUDUO\/page\/7A4D4515-BF34-49F6-B1D7-7D4CDA2645DF?ref_=ast_bln\">for BABYIA<\/a>, here is the image displayed:<\/strong><\/h4>","":null}},{"acf_fc_layout":"layout_large_image","_acfe_flexible_toggle":"","component_large_image":{"width":"narrow","image":56106,"caption_override":""}},{"acf_fc_layout":"layout_quote","_acfe_flexible_toggle":"","component_quote":{"quote":"In 2023, nearly a billion packages entered the U.S. through the $800 de minimis loophole ... That is not de minimis business. It is big money.","image":"","attribution":{"name":"U.S. Rep Dan Bishop (R-N.C.)","role":""}}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4><\/h4>\r\n<h4>RECALLED TOYS<\/h4>\r\nOne of the easiest-to-prevent dangers in Toyland in 2024 continues to be the sale of toys that were recalled months or years ago because they\u2019re hazardous. In some cases, the toys contain excessive levels of lead or other toxics. Other times, the toys have small pieces that can break off easily and choke a child. Once a toy or any other product has been recalled, it\u2019s illegal for anyone to sell it. For the third year in a row, we bought recalled toys online with ease.\r\n\r\nIn our Trouble in Toyland report in 2022, we demonstrated how easy it is for shoppers to buy recalled toys. In just a few weeks in 2022, U.S. PIRG Education Fund bought, paid for and received more than 30 recalled toys from a variety of online retailers. We repeated our experiment in 2023 on a smaller scale, by buying five toys of the 17 toys that had been recalled in 2023.\r\n\r\nThis year, we set out to buy three recalled toys and bought all three toys with ease. They are: Little People Mickey and Friends set of figures, Miniverse Make It Mini Sets with Unused Liquid Resins and Fisher-Price Dumbbell toy. We bought the first two through eBay; we bought the third through Facebook Marketplace. The CPSC and members of Congress all know the severity of the problem. In 2023, a bipartisan group of House representatives wrote letters to 17 companies, including Meta (Facebook,) Amazon, Walmart, Target, Ebay and Poshmark. The letters noted that online marketplaces are expected to prevent the sale of recalled products through their sites. The letters said the companies have \u201cbeen falling short on this mission.\u201d","":null}},{"acf_fc_layout":"layout_accordion","_acfe_flexible_toggle":"","component_accordion":{"title":"Read more","entries":[{"title":"","content":"The CPSC has argued that online platforms can easily flag products that have been publicly recalled. In his second letter to Facebook\/Meta in 2023, CPSC Chairman Alex Hoehn-Saric wrote: \u201cCPSC is catching these unlawful products after they have been listed for sale and made available to the public \u2026 If CPSC staff can identify these illegal listings using your site, Meta indisputably can prevent them from appearing in the first place.\u201d\r\n\r\nU.S. PIRG Education Fund has reached the same conclusion. We can quickly find and buy recalled toys. You do a search for a specific toy from this recalled list. For the products we bought, the listings weren\u2019t cleverly misspelled. Some had been recalled months before. In one case, eBay continues send alerts two years after the recall, as recently as Oct. 21, 2024. Six varieties of the Aflac duck below were recalled in 2022. (See the alert sent below.)\r\n\r\nWe ask the question again: If U.S. PIRG Education Fund can quickly find and buy recalled toys, why can\u2019t these companies update their sites once a week to weed out newly recalled products? They could.\r\n\r\nThe next question: If companies, such as T.J. Maxx, Home Depot, Best Buy and Meijer paid multi-million dollar civil penalties for selling recalled goods, why don\u2019t online marketplaces also face enforcement? The CPSC explains the law this way: \u201cDifferent safety obligations apply when a company is a manufacturer, distributor, private labeler, or retailer of goods. Online marketplaces that host thirdparty sellers don\u2019t fit neatly into one of those categories for most of their operations.\u201d\r\n\r\nIt may come down to Section 230 of the 1996 Communications Decency Act, which some say insulates online platforms from being responsible for products sold illegally on their websites. It says: \u201cNo provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.\u201d\r\n\r\nNow, many would say that publishing opinions is one thing and allowing the illegal sale of goods is something else. Still, if Congress would amend the law, or the question would be resolved in a court case, the CPSC would have more clarity to pursue enforcement against platforms such as Facebook Marketplace and eBay, just like the regulator does with big box retailers.\r\n\r\nCPSC Commissioner Peter Feldman told U.S. PIRG Education Fund last year that something needs to change with these online companies. \u201cThe status quo can\u2019t stand,\u201d he said. \u201cIt\u2019s clear there\u2019s more they can do and should be doing to keep their users safe. These firms absolutely have the resources necessary to prevent these transactions.\u201d\r\n\r\nIf these online retailers continue to allow the sale of recalled products, the CPSC may try a different tactic than just sending letters, Feldman said. \u201cAll options are on the table.\u201d Aside from the interpretation of the law that may protect online retailers for now, there\u2019s certainly no reason the companies couldn\u2019t voluntarily block the sale of recalled products, as they do with other products they\u2019re not allowed to or don\u2019t want to sell, such as guns, animals or drugs.\r\n\r\nHoehn-Saric, the CPSC chair, met with six of the largest online marketplaces in recent years, including Facebook Marketplace and eBay, to urge them to work with the CPSC. \u201cOnline marketplaces can and should adopt common sense practices to protect consumers,\" Hoehn-Saric said at the time. This includes prioritizing product safety within the companies and vetting sellers and products that platforms allow to be sold on their sites. Some companies are taking steps in the right direction, but clearly not enough is being done.\u201d For now, when listings for recalled products are found or reported to the CPSC, the regulator issues \u201ctake-down requests.\u201d\r\n\r\nA few months ago, at a House committee hearing in July, Hoehn-Saric testified that the CPSC needs more resources to do more. The CPSC\u2019s \u201ceSAFE Team\u201d reviewed more than 3 million online marketplace listings and requested the removal of nearly 60,000 listings in FY2023. The vast majority of those went to Facebook Marketplace, he told U.S PIRG Education Fund last year. More than 57,000 listings for recalled or violative products were removed. \u201cThis reliance on industry\u2019s good will,\u201d Hoehn-Saric said, \u201cis not a long-term solution to the problem.\r\n\r\n&nbsp;"}]}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4>RECOMMENDATIONS<\/h4>\r\n<ul>\r\n \t<li>Lawmakers should quickly address ways to prevent dangerous, untested toys (and other dangerous items) from entering the United States. This may involve legislation regulating de minimis shipments and could require more resources for Customs and Border Protection and the Consumer Product Safety Commission.<\/li>\r\n \t<li>Traditional retailers and online marketplaces should do more to prevent recalled toys and counterfeit\/knockoff toys from being sold.<\/li>\r\n \t<li>The CPSC should step up enforcement and impose meaningful penalties against merchants that sell counterfeit or recalled toys. This may require more resources.<\/li>\r\n \t<li>The CPSC should get clarity on whether federal law allows online retailers such as Facebook Marketplace and eBay to sell recalled toys without the same multi-million-dollar consequences that regulators impose on brick-and-mortar retailers.<\/li>\r\n \t<li>Toy manufacturers should commit to do a better job of improving testing and adhering to existing toy safety standards.<\/li>\r\n \t<li>Lawmakers should pass stronger data privacy laws, explicitly prohibiting companies from gathering more data from consumers than is necessary to deliver the service a consumer is expecting to get, and use it for any secondary purposes, especially for data that could be generated while using a VR headset.<\/li>\r\n \t<li>We support the bipartisan <a href=\"https:\/\/pirg.org\/articles\/senators-markey-cassidy-introduce-coppa-2-0-a-bipartisan-kids-privacy-bill\/\">COPPA 2.0<\/a>, introduced in 2023, to update the 1998 Children\u2019s Online Privacy Protection Act to better protect kids\u2019 and teens\u2019 privacy online regarding data collection, advertising and a parent\u2019s ability to delete their child\u2019s stored data.<\/li>\r\n \t<li>We support the bipartisan <a href=\"https:\/\/pirg.org\/updates\/pirg-supports-congressman-edwards-tots-act\/\">TOTS Act<\/a>, which would require companies that sell high-tech <a href=\"https:\/\/pirg.org\/edfund\/resources\/smart-toys\/\">smart toys<\/a> to clearly label on the box if it contains a Wi-Fi connection and the ability to gather data on children. It was <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/house-bill\/413\/cosponsors?s=1&amp;r=14\">introduced<\/a> in January 2023.<\/li>\r\n \t<li>We support the <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/senate-bill\/836\/text?s=1&amp;r=21\">Sunshine in Product Safety Act<\/a>, which would allow the CPSC to warn consumers more quickly about all kinds of dangerous products, including toys, in advance of a recall. It was reintroduced in March 2023.<\/li>\r\n \t<li>We support enforcement of the federal <a href=\"https:\/\/www.congress.gov\/bill\/117th-congress\/senate-bill\/936#:~:text=Introduced%20in%20Senate%20(03%2F23%2F2021)&amp;text=This%20bill%20requires%20online%20marketplaces,volume%2C%20third%2Dparty%20sellers.\">INFORM Act<\/a>, which took effect in June 2023. It\u2019s aimed at cracking down on U.S. sellers that allow counterfeiters and thieves.<\/li>\r\n<\/ul>","":null}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"<h4 style=\"text-align: center;\"><a href=\"https:\/\/pirg.org\/edfund\/resources\/trouble-in-toyland-tips-for-families\/\" target=\"_blank\" rel=\"noopener\">SEE OUR NEW TOY SAFETY TIPS COVERING\r\nUNSAFE TOYS, COUNTERFEITS, SMART TOYS AND MORE<\/a><\/h4>","":null}},{"acf_fc_layout":"layout_featured_resource","_acfe_flexible_toggle":"","component_featured_resource":{"resource":""}}],"site_specific_content":""},"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v28.8 (Yoast SEO v28.8) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>Trouble in Toyland 2024: Unsafe toys that slip through border<\/title>\n<meta name=\"description\" content=\"Loophole allows unsafe toys from overseas to flood market; inexpensive products often aren&#039;t inspected and don&#039;t meet U.S. safety standards\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pirg.org\/edfund\/resources\/trouble-in-toyland-2024-unsafe-toys-that-slip-through-border\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Trouble in Toyland 2024: Unsafe toys that slip through border\" \/>\n<meta property=\"og:description\" content=\"Loophole allows unsafe toys from overseas to flood market; 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