Bulls-I-Toys, the manufacturer of the fidget spinners in question, said in a letter to US PIRG that "there are no mandatory CPSC requirements for it" because the packaging makes it clear that the item should not be used by children of a certain age.
Bad timing for Target just before the holiday season, as it faces a major problem with its hugely popular fidget spinner supply.
The U.S. Public Interest Research Group (PIRG) Education Fund found some problems with a major retailer's sales of this hot new toy.
Kids find fidget spinners fun and somewhat addictive.
A Target spokesperson Lee Henderson said that the CPSC also views spinners as "general use products" and not "toys" so that is another loophole.
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The U.S. PIRG said it sent representatives to five Target stores across the country who found the spinners being sold in the toy department, according to The Washington Post.
Due to its harmful effects on child development, federal laws limit the amount of lead in children's products to 100 ppm of total lead content.
"Safety is one of our top priorities", Howard Chizick, a spokesman for Bulls-I-Toys, said in an email. Excess levels of lead can result in brain and nervous system ailments, stomach and kidney problems, high blood pressure, weakness, headaches and muscle problems in adults. Furthermore, per Business Insider the products are sold alongside kids toys.
This does not bode well for the not-so-rare fidget spinner, which has already been labeled with choking-hazard warnings by the Consumer Product Safety Commission (CPSC).
U.S. PIRG publishes an annual report on toy safety, which has led to more than 150 product recalls and regulatory actions over the past 30 years.