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As the holiday season rapidly approaches, the U.S. Public Interest Research Group (PIRG) warns that due to recent decisions by the Consumer Product Safety Commission (CPSC), toys that parent's purchase this Christmas may be less than safe.

Following a wave of recalls in 2007, Congress passed legislation that gave CPSC more resources to ensure product safety. However, while the legislation stated that companies would have to cease selling toys containing toxic phthalates by February 10th, 2009, the CPSC published a legal opinion informing manufacturers that they will be allowed to sell these products until their inventory run out.

"Unfortunately, while the product safety bill is a major step forward, many of it's protections are still not fully in effect, so it's still buyer beware this year...Congress gave America's children the gift of safer toys and the CPSC is taking them away," said U.S. PIRG Public Health Advocate Liz Hitchcock during a news conference for the release of PIRG's 23rd annual toy safety survey.

In the absence of CPSC protection, PIRG suggested that parents could evade health risks this holiday season by avoiding toys that are made of soft plastics and children's jewelry that is made out of metal since each run the risk of containing toxics or lead.

While Hitchcock did not answer how many of the toys that made this year's list were manufactured in China, Consumer Program Director Edmund Mierzwinksi mentioned that 80% of toys sold in the U.S. are imported from China. While a rise in imports would naturally warrant further safety inspections, Mierzwinski contends that increased inspection have not kept pace with the rising amount of imports.

"There haven't been enough guards at the gate," said Mierzwinski.