Toys posing choke hazards must carry warning label.

A new law aimed at preventing small children from choking on toys or toy parts took effect January 1. The law marks a small victory for consumer safety advocates.

The Child Safety Protection Act of 1994 requires manufacturers to put labels that specifically warn of choking hazards on small balls, latex balloons, games, and vending machines that contain toys.

Current federal regulations prohibit the marketing of toys with small parts to children under age three. The U.S. Consumer Product Safety Commission (CPSC) found, however, that additional warnings were needed.

Commission spokesman Ken Giles said that people who buy toys may mistakenly believe that the printed guideline "For Ages 3 and Up" on toy packaging refers to the age at which a child could use or enjoy the toy. In fact, the guidelines are intended to alert buyers to choking hazards for younger children.

"This law requires manufacturers to tell people the reason why the toy is dangerous," Giles said. "It will be good to have them labeled. At least this way parents will be told that the toy is a choking hazard."

Boston attorney Edward Swartz, while supportive of the new law, said consumers should not assume that it, alone, will protect their children.

Swartz, who has handled many toyrelated liability cases, raised concerns about the adequacy of warnings "when the design of the product is what is really at issue."

"This law is palliative at best," he said. "As trial lawyers, we would rather have it than not have it, but the name of the law makes you think it will do more than it actually does. Much work remains to be done."

Choking on small toy parts and balloons ranks among the most common causes of toy-related deaths among children ages six months to 12 years, the commission said, citing statistics it compiled between January 1, 1993, and September 30, 1994. During that period, the commission reported, 11 children died from choking on deflated or burst balloons; 10 died from tricycle accidents in which they were hit by a car or rode into a swimming pool; and 8 choked to death on balls.

The law specifically bars the sale of any ball or marble that measures less than 1.75 inches in diameter and is intended for use by children under age three.

Toys and games that have small parts and are designed for children three to six years old must contain a "clear and noticeable" warning label, easily visible from a store shelf.

Latex balloons must carry a choking warning for children under age eight. (Foil-like Mylar plastic balloons do not pose a choking hazard.) Vending machines or bins that contain tiny toys are required to carry a similar warning for small children.

The law, modeled after a Connecticut statute, was signed by President Clinton. It also requires toy manufacturers and retailers to report to the CPSC any choking incidents that result from toys.

Toys that are found to have inappropriate warning labels are considered "misbranded hazardous substances" under the terms of the new law. The government may seize these items and fine the manufacturer up to $1.25 million for distributing them.