I 

108TH CONGRESS 

2D SESSION H. R. 5172 

To direct the Consumer Product Safety Commission to declare Yo-Yo 

Waterball toys to be a banned hazardous product. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004 

Mr. ANDREWS (for himself, Mr. PORTMAN, and Ms. SCHAKOWSKY) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To direct the Consumer Product Safety Commission to declare Yo-Yo Waterball toys to be a banned hazardous 

product. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Yo-Yo Waterballs (also known as water yo6 yos) are inexpensive, easily accessible toys that pose 

7 a strangulation hazard and threaten the health of 

8 children. 
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1 (2) Yo-Yo Waterballs are banned in France, the 

2 United Kingdom, Luxembourg, Australia, Brazil, 

3 and Canada, and Germany and New Zealand have 

4 issued warnings concerning Yo-Yo Waterballs. 

5 (3) The New York State Consumer Protection 

6 Board has issued 2 warnings calling Yo-Yo 

7 Waterballs serious hazards to kids, and the Massa8 chusetts Office of Consumer Affairs and Business 

9 Regulation calls Yo-Yo Waterballs a great risk to 

10 children. 

11 (4) Consumer Reports magazine rated Yo-Yo 

12 Waterballs as ‘‘not acceptable’’ in the December 

13 2003 issue. 

14 (5) World Against Toys Causing Harm labeled 

15 Yo-Yo Waterballs as one of the 10 Worst Toys of 

16 2003. 

17 (6) On July 2, 2003, a petition from New 

18 York’s Empire State Consumer Association reported 

19 that the fluid inside the balls is toxic and flammable. 

20 (7) The United States Consumer Product Safe21 ty Commission has reported that Yo-Yo Waterballs 

22 pose a potential risk of strangulation. 

23 (8) According to the Consumer Product Safety 

24 Commission, as of September 29, 2004, Yo-Yo 

25 Waterballs were responsible for 394 reported health 
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1 incidents, 281 of which were coded as causing ‘‘suf2 focation or strangulation’’. 

3 (9) Of those 193 incidents, 52 resulted in seri4 ous breathing difficulties that rendered the child un5 conscious and lifeless after suffering from a lack of 

6 oxygen or broken blood vessels. 

7 (10) The Consumer Product Safety Commission 

8 reported that 24 children reported allergic reactions 

9 to the fluid and it caused some to have trouble 

10 breathing. 

11 (11) In spite of evidence concerning the danger 

12 to children caused by Yo-Yo Waterballs, the Con13 sumer Product Safety Commission has refused re14 peated attempts towards banning these dangerous 

15 toys. 

16 SEC. 2. DECLARATION OF YO-YO WATERBALL TOY A 

17 BANNED HAZARDOUS PRODUCT. 

18 Not later than 90 days after the date of enactment 

19 of this Act, the Consumer Product Safety Commission 

20 shall promulgate a rule pursuant to section 9 of the Con21 sumer Product Safety Act (15 U.S.C. 2058) declaring the 

22 Yo-Yo Waterball toy a banned hazardous product under 

23 such Act. 
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1 SEC. 3. DEFINITION. 

2 For purposes of this Act, the term ‘‘Yo-Yo Waterball 

3 toy’’ includes the Yo-Yo Waterball, and any similar water 

4 yo-yo that contains a rubber ball filled with liquid and at5 tached to a rubber cord. 

Æ