Schmidt et al. v. International Playthings LLC et al, No. 1:2019cv00933 - Document 172 (D.N.M. 2021)

Court Description: MEMORANDUM OPINION AND ORDER by District Judge James O. Browning granting in part and denying in part the Defendant Epoch Everlasting Play, LLCs Motion to Strike and Limit Testimony of Plaintiffs Experts Dennis Brickman, PE and Joseph Mohorovic, CPSM 100 , and denying the Defendant Epoch Everlasting Play, LLCs Motion For Partial Summary Judgment on Count III of Plaintiffs First Amended Complaint -- Negligence Per Se 105 . (wz) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)

Download PDF

Schmidt et al. v. International Playthings LLC et al Doc. 172 Att. 3 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 1 of 110 Dockets.Justia.com Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 2 of 110 Age Determination: Calico Critters Z Yellow Labrador Twins September 25, 2020 Carol Pollack-Nelson, Ph.D. Independent Safety Consulting, LLC This analysis were conducted at the request of Greg L. Biehler, with the firm Louis Brisbois located in Albuquerque, NM. I was asked to examine Calico Critters Yellow Labrador Twins toys and provide an age determination opinion. I am a human factors psychologist, having worked in the field of consumer product safety since 1982. I received a doctorate in Industrial/Organizational Psychology in 1989. My area of specialization is Human Factors. From 1988 through 1993, I was employed by the U.S. Consumer Product Safety Commission (CPSC) in the Human Factors Division. While at the CPSC, I oversaw and formalized the protocol for conducting and documenting all age determinations. In this capacity, I conducted age determinations myself and also supervised age determinations conducted by other staff and contractors, testified on behalf of the Commission in litigation, and lectured on this topic to groups outside of the organization. Prior to and since leaving the CPSC, I trained CPSC staff who currently conduct age determinations. Since 1994, I have been working independently as a human factors consultant. I have published in the field of Human Factors and presented my findings at professional and industry conferences. As a human factors psychologist, I provide consultation to all stakeholders in the field of consumer product design and safety including manufacturers, test laboratories, attorneys, consumer organizations, and the U.S. government. My daily work entails conducting age determinations, and evaluating product designs, warnings and instructions with respect to anticipated consumer behavior. I have age graded thousands of toys and other _deh`naj•o ]npe_hao bkn the CPSC and for manufacturers. I conducted research relating to age grading while at the CPSC and for various clients, including the CPSC, since leaving the agency. I conduct in-house training sessions for manufacturers and public age grading training sessions and symposia, often with my _khha]cqao bnki pda Akjoqian Nnk`q_p Q]bapu Akiieooekj•o Bereoekj kb Fqi]j D]_pkno. . I occasionally testify as an expert witness in product safety-related litigation. 1 Epoch_004040 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 3 of 110 , . I am being compensated at a rate of $450.00 per hour. I. Incident Description On or about May 5, 2018, Richaline Dedios was shopping in a Walmart Store in Bernalillo, New Mexico. Her daughter and other family members accompanied her to the store. When passing through the toy section of the store, 2-year-old B]gkp]d Ba`eko }s]o `n]sj pk~ pda Calico Critters Yellow Labrador Twins product and removed it from the shelf. (See Complaint, No. 23). The product was purchased and brought to the Dedios home. On May 10, 2018, the Dedios family was eating dinner in front of the television. Mrs. Dedios was outside talking with her sister at the time of the incident. One of her children came outside and told her that Dakop]d s]o _dkgejc/ Rda `a_a`ajp•o ikpdan nqoda` ejoe`a ]j` eiia`e]pahu ]ppailpa` pk `eohk`ca bkk` bnki dan `]qcdpan•o ikqpd sdeha pda `a_a`ajp•o b]pdan _]hha` :-1-1. (See CPSC In-depth Investigation 180521CCC3870, p. 2)/ Kno/ Ba`eko lkqj`a` kj dan `]qcdpan•o back and Dakotah Dedios vomited food ]j` ] 3~ hkjc Adaapk bnki dan ikqpd/ ?__kn`ejc pk pda ANQA•o Gj-depth Investigation, the Emergency Medical Responders were delayed ]llnktei]pahu 26 iejqpao `qa pk `ebbe_qhpu bej`ejc pda naoe`aj_a/ Udaj CKQ ]nnera`- }they attempted qjoq__aoobqhhu pk `eohk`ca pda bkk` bnki pda `a_a`ajp•o ikqpd/~ Dakotah Dedios was transported by EMS to a i]fkn dkolep]h hk_]pa` 75 iehao ]s]u/ Qda `ea` pd]p arajejc/ ?__kn`ejc pk pda ia`e_]h at]iejan•o report, the pacifier was located in the lower airway passage of the right bronchia before the bronchioles (lungs). The pathologist who performed the autopsy was interviewed by the CPSC field investigator on May 22, 2018. The pathologist indicated that the cause of death was choking on the toy pacifier. She further stated }zpdeo s]o ]j qllan ]ens]u k^opnq_pekj/~ Rda l]pdkhkceop iajpekja` pd]p pda l]_ebean iecdp d]ra ^aaj pushed (by mechanical means) into the airway in the process of the advanced lifesaving resuscitation efforts with an endotracheal tube (a catheter that is inserted into the trachea to maintain an airway to the lungs. II. Product Description The subject product is Clk_d•o A]he_k Aneppano }Wahhks J]^n]`kn Rsejo~ manufactured by International Playthings. This toy set includes two figures { a boy and girl Labrador, and two accessories { a baby bottle and pacifier. 2 Epoch_004041 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 4 of 110 Figure 1. Yellow Labrador Twins with pacifier and bottle (out of package) The girl J]^n]`kn- ej ] oa]pa` lkoepekj- ia]oqnao 2/55~ t 2/25~ t /:6~/ Rda ]jei]h eo sa]nejc ] naikr]^ha pink cloth and lace romper. The romper attaches to the figure by a piece of elastic that goes around the becqna•o ja_g ]j` Tah_nk/ Rda becqna•o da]` _]j olej< its arms and legs are not articulated. Rda ^ku J]^n]`kn eo ej ] _n]shejc lkoepekj ]j` ia]oqnao 2/84~ t 2/3:~ t 2/11~/ Rda ]jei]h eo sa]nejc ] removable pair of blue cloth and lace shorts. The shorts can be pulled off and placed on the figure by inserting pda becqna•o baap )]llnktei]pahu /26~ t /34~* ejpk klajejco )]^kqp /51~* ej pda _hkpd/ Rda Wahhks J]^n]`kn Rsejo pku ej_hq`ao ] oi]hh ^]^u ^kppha/ Rda ^kppha eo ]^kqp /87~ hkjc t /42~ `e]iapan/ Rda jellha ia]oqnao ]^kqp /19~ `e]iapan ]j` bepo ejpk ] peju dkha ej pda becqnao• ikqpdo/ Rda l]_ebean ia]oqnao ]^kqp /48~ t /49~ ]j` eo ]j ennacqh]n od]la/ Rda jellha end ia]oqnao /19~ ]j` bepo ejpk pda peju mouth openings in the figures. Rda lnk`q_p l]_g]ca ia]oqnao ]^kqp 5~ t 4/:6~ ]j` d]o ]j klajejc ej pda da]`an bkn pda lqnlkoa kb hanging. The small parts warning, measuring 2/56~ t /61~, is found on the header front, below the opening. The warning states: /!\ WARNING: CHOKING HAZARD { Qi]hh l]npo/ Lkp bkn _deh`naj qj`an 4 ua]no/~ There is a clear plastic window on the front of the packaging and the components inside the package are visible. In the bottom left corner of the front panel, it says: 3+. (See Figure 2). The back of the Yellow Labrador Twins box shows a picture of a bunny figure with a map of the Calico Village in the background and information about Calico Village. (See Figure 3)/ Gp ]hok o]uo }Teoep qo ]p www.calicocritters.com~ ]j` op]pao pd]p pda lnk`q_p }Akjbknio pk ?QRK D:74/~ 3 Epoch_004042 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 5 of 110 Figure 2. Front of Package Figure 3. Back of Package The bottom of the package provides a description of each of the Labrador twins including their interests and behaviors: Figure 4. Bottom of Yellow Labrador Twins box This toy play set, with the bottle and pacifier, is no longer offered by sale from the manufacturer. A similar product is for sale which includes the twins and a ride-on toy. 4 Epoch_004043 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 6 of 110 III. Document Review I examined an exemplar product, Yellow Labrador Twins with bottle and pacifier. In addition, the following case-specific documents were reviewed: 1. Nh]ejpebb•o Complaint for Wrongful Death, 8/16/2019 3/ Nh]ejpebb•o Paolkjoa pk Babaj`]jp•o Denop Qap kb Gjpannkc]pkneao- 302103131 3. CPSC In-depth Investigation 180521CCC3870 conducted on May 22, 2018 as follow-up to a MECAP )Ka`e_]h Ct]iejano ]j` Aknkjan•o ?hanp Nnkfa_p* nalknp/ 4. Marketing and Advertising materials for Calico Critters products. (See photo excerpts in Attachment 3). * Insight Kids The Calico Critters Story, Aug 2017 * 2013 { Astra Edition { Special Show * 2013 { Big Book Ad { Toys R Us * 2013 { IPL Annual Catalog * 2013 { Toy Fair Edition { Postcard * 2013 { Calendar TR Eakbbnau•o Birthday Giveaway * Copy of Calico Critters 2015 Data Tables * Copy of Post BTS US * 01 ISG Calico Critters Completes with Open Ends (Excel) * 2017 Consumer Survey Questions * E 181207 US UK DE Customer Profile Q report * General Media 170918 Calico Critters Digital Strategies * Insight { Calico Critters { Respondent Level (Excel) * Insight { Calico Critters AU Report Revised 8.4.17 * Insight { Calico Critters AU Report Revised 8.4.17 * Insight { Calico Critters Kids Loop (Excel) * Insight { Calico Critters Parent Loop (Excel) * Post BTS US * 170918 Calico Critters Digital Strategies * E 181207 UK DE Customer Profile Q report * Post BTS US Quick Report { 2018 { Ages 4-11 In addition to the case-specific materials that were provided to me, I also reviewed the following: 5. Market review of figures and animals with flocking, pacifier, bottle, and removable clothing. 6. Variety of Calico Twin Sets with pacifier and bottle. ( 6. Online consumer reviews for Calico Critters twin sets with bottle and pacifier. 7. Tda ANQA•o Age Determination Guidelines; Pah]pejc Adeh`naj•o ?cao to Toy Characteristics and Play Behavior, September 2002. 8. Various Calico Critter toy samples. 5 Epoch_004044 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 7 of 110 6 Epoch_004045 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 8 of 110 1. A warning on the header of the product package states that the product is not intended for children under 3 years due to the choking hazard and the presence of small parts. Additionally, in the bottom left corner of the package primary display (front) panel, the 3+ age grade is circled. (See Figures 5a and 5b). The small parts warning on the header is distinctive, conspicuous, and easily noticed due to its placement, size, and color contrast with the background. Notably, the warning takes up a large amount of space on the header; pda s]njejc ia]oqnao 2/55~ se`a t /65~ p]hh ]j` pda da]`an eo 3/5:~ se`a t 2/:4~ p]hh/ Rdana are no other pictures or text near the warning to visually distract from it. The dark red color of the warning contributes to its conspicuousness. The warning text is easy to read due to font size and the color contrast between the light-colored lettering and dark background, as well as the absence of distractor text and images. The signal word, WARNING, is preceded by the safety alert symbol, and is presented in upper case, sans serif, bold lettering, and 12-point font size. These features are consistent with ANSI Z535.4 (2011). The words CHOKING HAZARD are also presented in upper case, sans serif lettering, and in 10-point font. The font size of the words WARNING and CHOKING HAZARD are larger than the size of all other text found on the package (with the exception of product, brand name, and website link). This includes all text written on the back and bottom of the package. Tda naop kb pda s]njejc patp; }Qi]hh l]npo/ Lkp bkn _deh`naj qj`an 4 ua]no~ eo lnaoajpa` ej upperand lower-case lettering, 8-point font. The 8-point font size is consistent with ANSI Z535.4. (See Annex, Table B1) which advises that 8-point font is the recommended letter height under favorable reading conditions, when viewing within 1 foot. 7 Epoch_004046 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 9 of 110 Figure 5a. Header with Small Parts Warning Decqna 6^/ }4,~ ej ^kppki habp _knjan ?__kn`ejc pk pda Nh]ejpebb•o _kilh]ejp- pda i]jqb]_pqnan•o sa^oepa previously included information about the ages of children who can use Calico Critters in response to an FAQ: G s]jp pk ^qu iu _deh` A]he_k Aneppano/ Fks kh` odkqh` oda ^a pk lh]u sepd pdai>~ Answer: Calico Critters have small parts so should only be given to children under 2 years with adult supervision. Three year old is the best age to introduce Calico to your child, but K@VAD CMLYR ASV RGD QDRQ UHRG TDPV QK@JJ @BBDQQMPHDQ' =GD FPD@R RGHLF @AMSR 1@JHBM 1PHRRDPQ is that little children from 3 like them! Whether play with the critters and furniture or collecting, RGDVYPD QSPD RM AD @ GHR' Rda i]jqb]_pqnan•o D?O naolkjoa eo _kjoeopajp sepd pda s]njejc kj pda bnkjp kb pda lnk`q_p l]_g]ca ej pd]p it states that pda ejpaj`a` qoano kb pda lnk`q_p ]na _deh`naj ]cao 4 ]j` kh`an )e/a/- }bnki 4~*/ Rdeo D?O ]hok explains that there are small parts, so for this reason, younger children should only use the toys with adult supervision and small components should be removed. The FAQ also explains that the reason children 3 and older like Calico Critters is because they enjoy playing with the critters and furniture or collecting. As discussed below, small-sized figures, furniture, and other accessories are fun, interesting, and appropriately challenging for children 3 years and older, but difficult for younger children to use independently. Children younger than 3 years prefer and, in some cases, require, larger, chunkier play scene figures, accessories, furniture, etc. in order to successfully manipulate the components. As the FAQ notes, collecting is another reason children enjoy Calico Critters; collecting is not of interest to children younger than 3 years but it is an important utility, for older children and adults. The statement about supervised use by children younger than 3 years has since been removed from the website. This FAQ statement addresses a question commonly posed by consumers about whether or not a toy can be given to children younger than the age stated on the package. In fact, consumers are sometimes inclined to give toys intended for ages 3 years and older to younger children for various 8 Epoch_004047 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 10 of 110 reasons; e.g., they think their child is advanced or that their child will enjoy the toy. While this guidance is on point, toy companies are often reluctant to provide this type of guidance to consumers due to concerns that it might influence a consumer to purchase the toy for a child younger than 3 years. However, this did not occur in this case as Mrs. Dedios testified that she never looked up information about Calico Critters online (p. 33) and therefore, would not have seen this FAQ. Further, she testified that she saw the 3+ age grade on the product package (p. 34). Despite seeing the age grade, Mrs. Dedios said she was not concerned about the age appropriateness of the toy because she ejpaj`a` pk oqlanreoa dan _deh`•o qoa kb the toy. Qda paopebea`- }Udajaran oda lh]ua` with toys, she would always play where there was someone. Ua jaran habp dan ]hkja~ )l/ 45). . To learn how products with attributes similar to Calico Critters Yellow Labrador Twins are age graded, a search was conducted of Ekkcha/_ki ]j` ?i]vkj/_ki bkn becqnao sepd }bhk_gejc~- }^kppha~- }l]_ebean~- ]j` }naikr]^ha _hkpdao~/ Rda naoqhpo kb pdeo naoa]n_d ]na lnaoajpa` and summarized Decqnao sepd }bhk_ga`~ atpanekn { Calico Critters are small, hard-bodied figures with a flocked exterior. An online search was conducted for other hard-bodied figures and animals with flocking. All of products found through this search ]na ]ca cn]`a` bkn 4 ua]no ]j` kh`an/ Rdeo ej_hq`ao }Jeh Ukk`vaav~- Kaheoo] ]j` Bkqc Q]b]ne Qe`age_go- Ku Jeppha Nkju ]j` r]nekqo kpdan becqnao The flocked figures represent various animals and animal families. The figures range in size from ]^kqp 2~ pk 4~ bkn _qnnajp lnk`q_pekjo/ A vintage My Little Pony figure is approximately 6 ~ p]hh/ Flocked figures are sold alone (i.e., with figures only) or with accessories and play sets. In some cases, the toy includes only one or two figures; other sets include more. Through this search, we did not locate flocked animal figures that are age graded for children younger than 3 years. We found one commercially-sold toy (sold in batches of 50 units or more) that the website states is for 2+. However, no packaging was visible to verify the age grade; size information is also not known. In the consumer retail market, the presence of flocking on a small, hard-bodied figure is associated with toys that are age graded for children ages 3 and older, not toys for children younger than 3 years. Figures with bottle and pacifier { Yellow Labrador Twins come with a small pacifier and bottle. An online search was conducted for other figures with a bottle and/or pacifier. Through this search, we located products both for children younger than 3 years and those ages 3 years and older that include a bottle and/or pacifier. One of the features distinguishing toys for younger vs older children is the size of the accessories. Bottles and pacifiers included with toys intended for children younger than 3 years are not only larger than the small parts test fixture, but are typically much larger than the text fixture and, therefore, allow for easy grasping and positioning. This can be seen in the ^kppha ]j` l]_ebeano ej_hq`a` sepd @]^u I]`kkvea- @]^u Qpahh]- pda Kaheoo] ]j` Bkqc }Hajj]~ ^]^u doll, and the Fisher-Price doll set. Using these accessories does not require refined fine motor skills. In contrast, bottles and pacifiers included with toys intended for children ages 3 and older are not only smaller than the small parts test fixture, but they are often much smaller than the test fixture and do require refined fine motor skills. This is seen in the small-sized bottle included with 9 Epoch_004048 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 11 of 110 Little Live Bizzy Bubs, Blume Baby Pop, and Barbie Skipper, and the small-sized pacifier included with Cry Babies Magic Tears and Little Live Bizzy Bubs. Caretaking accessories are found with toy figures and dolls intended for children both younger than 3 years and children ages 3 years and older, but they differ in component size, graspability, and overall ease of use. Small-sized bottle and pacifier accessories are in toys age graded for children ages 3 years and older. Figures with removable clothing { Yellow Labrador Twins come with tiny removable clothing with lace detail. An online search was conducted for other figures with removable clothing. Through this search, we identified figures/dolls that have removable clothing. The key feature distinguishing such toys for younger vs older children is the size of the figure and, therefore, the size of the clothing. Larger clothing with large openings and easy (or no) closure mechanisms, along with the flexibility of a plush doll, facilitates dressing and undressing. Also, larger dolls can be laid down (e.g., on the floor, table, bed) in order to stabilize them, allowing children to use both hands for the dressing/undressing task. Removing and replacing clothing on small, rigid-bodied figures requires the child to hold the figure in one hand and manipulate the clothing with the other. This is much more difficult and, for this reason small-sized, rigid figures with removable clothing . Removable clothing is found on toy figures and dolls intended for children both younger and older than 3 years of age, but they differ in size and ease of use. 2. Marketing, Display, Promotion, Advertising { To learn the age for which the Yellow Labrador Twins with the pacifier and bottle are marketed and promoted, the following materials were reviewed: (a) product packaging; (b) the in-store display where the product was purchased; (c) i]jqb]_pqnan•o sa^oepa< )`* retailer websites; (e) advertising, circulars, and other print or online materials about the products; (f) YouTube videos; and (g) market research investigating user ages. (a) Packaging { . Additionally, through the transparent plastic on the front of the package, consumers can visually confirm that, indeed, there are small parts inside the box. Consumers can easily view the two figures. They can also partially view the small bottle and pacifier. The small-sized accessories are consistent choking warning about small parts and the choking hazard to children younger than 3 years. As discussed above, the bottom of the box describes the personalities and interests of each of the twins. Providing identities for the figures is intended to facilitate play scene involvement and enjoyment. The back of the package shows a bunny animal figure standing in front of a map which shows the village or community in the background and a description of Calico Village where the Calico Critters animals live: 10 Epoch_004049 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 12 of 110 Calico Critters is a unique and adorable range of distinctive animal characters with charming and beautifully detailed homes, furniture and accessories. They live, work and play in an idyllic and wonderful place called Calico Village. This information on the back of the product package conveys to the consumer that there is a range of figures, play sets, and accessories in the product line. Clicking on the website link, also found on the back of the package, reveals the full line of figures, play sets, and accessories. This, along with the in-store display (discussed below) showing a variety of figures and play scenes, supports the _khha_p]^ehepu ]j` atl]j`]^ehepu kb kja•o _khha_pekj/ In other words, from information on the product box, online, and the retail display consumers learn that there is an entire village of animal families and accessories that can be purchased so that the child can create and build their own Calico Critters town. As discussed later in this report, collecting { and an interest in collectibles - is an interest and hobby that emerges at around 3 years and strengthens as children grow older and learn to appreciate the value of having an expanded or complete set of objects in a given toy line. (b) In-store display { Photos taken by Mr. Biehler show the Calico display in the Wal-Mart store in Bernalillo, New Mexico, where Mrs. Dedios purchased the subject product. ( ). Note that these photos were taken in July 2020, so it is possible that the display is different from how it appeared at the time when Mrs. Dedios purchased the subject toy. From these photos, it appears that Calico Critters toys are positioned in a section of the store with other figures and play sets . The photos below show four shelves with Calico products including various families and a large Gift Set on the bottom shelf. To the left of the Calico figures, are Spirit horse toys To the right of these toys, on the top shelf, are Boxy Babies toys To the right of the Calico Critters Gift Set on the bottom shelf, there are Troll dolls, which are also Another example of an in-store display is found in CPSC IDI 180521CCC3870, Photograph 12. This photograph shows a shelving display with a variety of figures and play scenes available at this particular store/ Rdeo pula kb `eolh]u bkopano _khha_p]^ehepu ]j` atl]joekj kb ] _deh`•o _khha_pekj/ 11 Epoch_004050 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 13 of 110 12 Epoch_004051 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 14 of 110 Figures 6a { 6c. Calico display at Wal-Mart store in Bernalillo, NM (c) K]jqb]_pqnan•o sa^oepa { Consumers can purchase Yellow Labrador Twins (with the ride-on toy) and other Calico Critters on the i]jqb]_pqnan•o sa^oepa, https://shop.epocheverlastingplay.com/c/calico-critters. Clicking on any particular product opens up a webpage with a picture of the item and information, including the 3+. Rda i]jqb]_pqnan•o sa^oepa provides a brief history of Calico Critters and explains the theme and collectability of these toys. Calico Critters is a line of miniature animal figures, with homes, furniture and accessories. The animal figures are unique because they are made of a special flocked material that gives them an endearing quality. They were introduced in Japan in 1985 and are distributed worldwide. Calico Critters are sold as families, with Mothers and Fathers, sisters, brothers and babies. The homes and furniture are quite life-like are have incredible detail. The Critters live in the community of Calico Village. All the citizens in Calico Village have hobbies and jobs. The underlying theme is giving, friendship and happiness. Calico Critters are wholesome, never trendy. Calico Critters of Calico Village are timeless, classic toys that delight children and promote wholesome family values. These award-winning miniature animals and 13 Epoch_004052 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 15 of 110 their life-like environments have inspired the imagination and creativity of countless children all over the world. On the website, separate tabs are provided to search the following toy categories: Twins, Families, Gift Sets, Nursery, Town Series, Furniture, Homes and Environments, Ready to Play, Triplets, and Vehicles. Below is a brief description of each and examples of toys from each category. As seen on the website, across the variety of figures, play scenes, and clothing, the product line is marketed as collectibles. In some cases, products are okh` ]o }^hej` ^]c~ toys. Blind bags have a lot of appeal for children interested in collectible toys as they do not know which particular item (e.g., figure and/or accessory) they will receive until the toy is opened (i.e., the big reveal) and whether or not it is a duplicate or will add to/complete their collection. For example, baseball cards are a type kb }^hej` ^]c~ pku/ Twins { The Calico Critters website has 10 different sets of twin animals - Yellow Labrador Twins, Hopscotch Rabbit Twins, Ellwoods Elephant Twins, Pickleweeds Hedgehog Twins, Toy Poodle Twins, Persian Cat Twins, Hazelnut Chipmunk Twins, Hamster Twins, Wilder Panda Twins, and Cuddle Bear Twins. (See Attachment 5). Some other twin sets were found online. }Rsej~ oapo currently shown on the website come with ] oi]hh }ne`a-kj pku~/ The online description of Yellow Labrador Twins explains that twin sets include two baby figures, along with accessories. A Labrador family is also sold on the website: }Akhha_p pda sdkha Wahhks J]^n]`kn b]iehu sepd AA3129- oap okh` oal]n]pahu ]j` ej_hq`ao 5 becqnao/~ ? `ao_nelpekj kb pda Rsej becqnao• lanokj]hepeao ]j` ejpanaopo eo lnkre`a`/ The bulleted description states that the toy is intended for ages 3 years and older. Additionally, the small parts warning label, advising that the toy is intended for ages 3 and older due to small parts that can present a choking hazard, is also present on this page. The picture and description of Yellow Labrador Twins found on the website is shown in Figure 7. Calico Critters miniature dollhouses, playsets and figures are timeless and classic high-quality toys. The Yellow Labrador Twins set includes two poseable baby figures, Marley and Shiloh, along with accessories. Collect the whole Yellow Labrador family with CC2018, set sold separately and includes 4 figures. Boy twin, Marley likes playing with all of his toys. When- 14 Epoch_004053 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 16 of 110 ever his older sister plays the piano, he always takes out his toy trumpet and pretends to play a song with her. His family thinks their performances are adorable! Eenh psej- Qdehkd paj`o pk ieie_ dan kh`an oeopan Q]`ea•o aranu ikra" She even giggles and smiles just like her. When she grows up, she wants to be just as kind and beautiful as her mother and sister. Includes two poseable baby figures with removeable clothing and accessories. Styles may vary. Baby figures include boy twin Marley and girl twin Shiloh, posed in sitting and crawling positions. Boy twin, Marley likes playing with all of his toys. Girl twin, Shiloh tends to mimic dan kh`an oeopan Q]`ea•o aranu ikra" Qda araj cecchao ]j` oiehao fqot like her. Play together with CC2018 Yellow Labrador Family, which includes Mother, Father, sister and Brother figures. Recommended for girls and boys ages 3 and above. Figure 7. Yellow Labrador Twins with ride-on vehicle Families { There are 23 different families, each representing a different animal (e.g., Yellow Labrador Family, Red Panda Family, Silk Cat Family, etc.). Below is a picture of the Labrador Family. Figure 8. Yellow Labrador Family 15 Epoch_004054 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 17 of 110 Gift Sets { There are three gift sets available. Gift sets are play scenes that include posable Critters and various accessories related to that play scene. For example, the Adventure Tree House Gift Set includes over 65 components including tiny accessories, a }@]^u Qhe`a Qap~- }Adeh`naj•o Nh]u Qap~ oqj`a_g- ohe`a- pnaa opai bkn lqhhau- h]``ano- ap_/ Figure 9. Adventure Tree House Gift Set Nursery { ? jqi^an kb }Lqnoanu~ kn ^]^u Aneppan lnk`q_po ]na ]r]eh]^ha/ Qkia ]na ^hej` bags with various baby Critters; others are play scene items that are used by baby Critters. For example, the Baby Ferris Wheel which can seat up to 3 babies and includes a Toy Poodle Baby figure. The Ferris wheel is constructed from 11 pieces and is assembled by the child. The Ferris wheel can be used alone or built onto the Baby Castle Nursery. 16 Epoch_004055 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 18 of 110 Figure 10. Baby Ferris Wheel Town Series { there are 34 items in the Town Series. These include shops in town, Critters who work or walk around the town, and clothing for Critters. The clothing is highly detailed, Victorian-style garments. In many cases, the figures are referred to as }_khha_pe^hao~ ]j`0kn _kjoqiano ]na aj_kqn]ca` pk }_khha_p~ pdai ]hh/ Below are examples of figures, accessories, play scenes, and clothing from the Town Series. 17 Epoch_004056 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 19 of 110 Figures 11 a-e Town Series Figures, Accessories, Playsets, and Clothing Blind Bag Z Qkia _khha_pekjo ]na okh` ]o ] }@hej` @]c~ ia]jejc pd]p pda _deh` `kao jkp know the identity of one of the figures. For example, below is a Blind Bag Baby Camping series. This play set comes with nine figures, each with a small camping accessory. One of pda becqnao eo ] }oa_nap~/ Figure 12. Blind Bag Baby Camping series 18 Epoch_004057 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 20 of 110 Furniture { There are 18 playsets with furniture and household items on the website. These include Kitchen Counter Set, Baby & Nursery, Vacuum Cleaner, etc. Below are pictures of the Dining Room Set which comes with 20 pieces, and the Breakfast Play Set which has 20 pieces. The Breakfast Set includes tiny food items (bananas, toast, etc) and tiny accessories. Figure 13. Furniture and Accessories Homes & Environments { There are 7 Homes and Environments including the Adventure Tree House (above) and the Pizzeria (below) which includes over 30 pieces, many of which are very small. Figure 14. Village Pizzeria 19 Epoch_004058 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 21 of 110 Ready to Play { There are 8 Ready to Play play scenes. The School Music Set below includes a figure, piano, and 12 other pieces. Figure 15. School Music Set Triplets { There are 4 sets of Triplets on the website. Each has a distinctive personality which is described on the website and packaging. Figure 16. Triplets 20 Epoch_004059 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 22 of 110 Vehicles { There are 4 vehicle play scenes including the Family Camper, shown below, which comes with over 40 pieces. Figure 17. Caravan Family Camper (d) Retailer website {To learn how retailers age grade Calico Critters Yellow Labrador Twins with bottle and pacifier, a Google search of the following terms was conducted: Calico Critters Yellow Labrador Twins Pacifier Bottle. (Search dates: August 3 and 7, 2020). Gj i]ju _]oao- pda oahhan•o sa^l]ca ej_hq`ao ] picture of the product box with the small parts warning label and 3+ clearly visible. The findings for each website are shared below: Wal-Mart.com { The Wal-Mart.com website has three listings { psk ]na }K]ngaplh]_a Qahhano~ ]j` kja eo ] heopejc ^u U]h-Mart.com. Marketplace Sellers Rsk }i]ngaplh]_a oahhano~ kj U]hi]np/_ki - Breezes and DropAir2 - offer the Calico Critter Yellow Labrador Twins. o The Yellow Labrador Twin figures appear similar to the subject product involved in this case; however, there are some differences - the figures are wearing garments that appear to have tie attachments. Also, only the bottle accessory is shown, not the pacifier. (See webpages for these vendors in Figures 18 and 19). o The product sold by Breezes shows the product box with the conspicuous small parts s]njejc kj pda da]`an ]j` }4,~ kj pda ^kppki habp kb pda l]ckage front. 2 https://www.walmart.com/ip/Yellow-Labrador-Twins-Includes-babies-Fluffy-and-Ivory-By-Calico-Critters/283862800 https://www.walmart.com/ip/calico-critters-yellow-labrador-twins/511415247 21 Epoch_004060 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 23 of 110 o The product sold by DropAir does not show the product box and does not provide an age grade. o Both webpages show a disclaimer stating that product packaging may contain additional information on the product. See disclaimer in Figure 20. Figure 18. Breezes - Yellow Labrador Twins with bottle (only) Figure 19. DropAir - Yellow Labrador Twins with bottle (only) 22 Epoch_004061 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 24 of 110 Figure 20. Legal Disclaimer Walmart.com There is also a Walmart sponsored page selling Calico Critters.3 o On opening this webpage, the consumer sees two photos: (1) Yellow Labrador Twin figures out of the box - The figures shown in this picture differ from the subject product involved in this case in that the figures are wearing garments that appear to have tie attachments. Also, only the bottle is shown (the pacifier is not). (2) The box containing the Yellow Labrador Twin figures, bottle, and pacifier - The figures, their clothing, and the bottle and pacifier seen in this picture are consistent with the subject product. o The product box seen on this website clearly shows the small parts warning on the header and 3+ on principal display panel. Further, consumers can roll over these photos using the magnifying tool for a zoomed in view of the figures, the product box including the warning and age grade, and contents. The baby bottle and pacifier are partially visible. o Scrolling down on this webpage, one finds information about the product with the title: }?^kqp Rdeo Gpai/~ Giia`e]pahu ^ahks pdeo pepha- pda oi]hh l]npo s]njejc ]j` 4, prominently displayed. the small parts warning is presented as a banner that extends (left to right) across the entire computer screen. is o @ahks pdeo oa_pekj )?^kqp pdeo Gpai*- pdana eo ] oa_pekj ajpepha` }Nnk`q_p Qla_ebe_]pekjo~/ All of the information provided in Specifications is incorrect and does not pertain to this product. This includes: (a) Age = 2 years; (b) Weight = .9 lbs; and (c) Prodq_p `eiajoekjo = 9~ t 9~ t 7~/ In fact, the on the product and in the About 3 https://www.walmart.com/ip/Calico-Critters-Yellow-Labrador-Twins/37463070 23 Epoch_004062 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 25 of 110 this Item section of the website correctly identify the age grade as 3+. The product with figures and pacifier and bottle weighs just over 1 ounce. And the dimensions of the box ]na; 6/9~ t 4/1~ t 2/51~/ Figure 21a. Walmart.com - Figures with bottle (only) Figure 21b. Walmart.com - Product box with warning and 3+ age grade Figure 22. Walmart.com - }?^kqp Rdeo Gpai~ 24 Epoch_004063 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 26 of 110 Figure 23. Walmart.com - }Specifications~ Wal-K]np/_ki•o sa^oepa _ha]nhu `eolh]uo pda oi]hh l]npo s]njejc ]j` 4, ]ca cn]`a ej ldkpkcn]ldo kb pda product box. This is the information the consumer is most likely to see since it is present at the top of the website, immediately upon opening the webpage. As is the case on the physical product, the small parts warning is very conspicuous due to its placement, size, and color contrast with the background. The magnifying function on the website allows consumers to clearly and more closely view this warning and other aspects of the product box and its contents such as the figures. The accessories are partially visible through the picture of the packaging. The small parts warning with information about the intended age and the choking hazard is presented again in a oa_pekj ajpepha` }?^kqp pdeo Nnk`q_p~/ Here, the small parts choking warning appears as a banner going from left to right across the entire webpage. In addition, below this large warning, information is provided about the product (e.g., that the figures wear handmade clothing), and again reiterates the 3+ age grade and the warning: Age range: 3 years and up WARNING: CHOKING HAZARD, small parts, not for children under 3 years It is only when one scrolls down past the photographs, past the small parts warning, and past product description stating multiple times that the product is for ages 3+, that one finds a section entitled }Qla_ebe_]pekjo~ with erroneous specifications for the product - size, weight, and intended user age are all incorrect. In light of the prominent information that consumers encounter before/above this section { including the small parts warning and age grade that are conspicuous and easily seen on the product box, the repetition of the small parts warning in the text below, and repetition of the 3+ { Moreover, even if the etailer were to make a mistake on-line, when the consumer receives the actual product, they would see the warning and age grade clearly displayed on the header. 25 Epoch_004064 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 27 of 110 Amazon.com { I was unable to locate the Calico Critters Yellow Labrador Twins with pacifier and bottle on Amazon.com, but was able to find the same or a similar product qj`an pda ^n]j` }Quhr]je]j D]iehu~/4 This product includes the pacifier and bottle. (See Figure 24). o @qhhapa` ejbkni]pekj ^aoe`a pda le_pqnao op]pao pd]p pda pku eo }Akhha_pe^ha Rsej Decqnao~/ o Rda bnkjp kb pda lnk`q_p ^kt eo reoe^ha ]j` `eolh]uo }4,~ ej pda ^kppki habp _knjan/ (See Figure 25). Figure 24. Amazon.com { Yellow Labrador Twins with pacifier and bottle. Figure 25. Amazon.com - Product box with age grade. https://www.amazon.com/Sylvanian-Families-Labrador-TwinsYellow/dp/B00S50VO2U/ref=sr_1_10?dchild=1&keywords=calico+critters+labrador+twins&qid=1596549615&sr=8-10 4 26 Epoch_004065 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 28 of 110 Information about the product, below this image presents the small parts warning label as a wide banner spanning the entire webpage: @ahks pdeo ^]jjan- ej oa_pekjo ajpepha`; }Nnk`q_p Bao_nelpekj~ ]j` }Nnk`q_p Gjbkni]pekj~- ep states in three places, that the toy is intended for Ages 3+. It also says the toy is }Akhha_pe^ha Rsejo becqna~- }Bnaooa` ej naikr]^ha b]^ne_ _hkpdejc~ ]j` bkn }?cao 4,~/ Googleshopping.com5 o The Yellow Labrador Twins shown in this picture differ from the subject product involved in this case in that the figures are wearing garments that appear to have tie attachments. Also, only the bottle is shown; the pacifier is not. ( o Bulleted information to the right of the pictures mentions the small size of the figures, detailed clothing, the extended line of other figures, etc. o The photo of the product package shows the Yellow Labrador Twin figures with a ride-on toy, not the bottle or pacifier. The figures are wearing clothing similar to that of the subject product involved in this case. o The small parts choking warning on the box header is clearly seen in the product photo; pda _en_ha` }4,~ a eo ]hok oaaj kj pda ^kppki habp kb l]_gage front. o }Nnk`q_p Qla_ebe_]pekjo~ bkqj` hksan kj pda sa^l]ca reiterate that the pku eo bkn ]cao }4 Wa]no ]j` Sl~. 5 https://www.google.com/shopping/product/1107908162582760787?q=calico+critters+twin+set+review&sxsrf=ALeKk02yACv74g c2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=746 27 Epoch_004066 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 29 of 110 Figure 26. Googleshopping.com { Yellow Labrador Twins with bottle (only). Figure 27. Googleshopping.com { Figures in box (with car) 28 Epoch_004067 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 30 of 110 RainbowResource.com6 (Rainbow Resource Center) o Photos of figures and product box are shown for Labrador Twins with bottle and pacifier which are partially visible through the package. (See Figure 28). o The small parts choking warning is clearly visible on the box header, and }3+~ ]ca cn]`a eo on the bottom left of package front. (See Figure 29). Figure 28. Rainbowresource.com - Picture of figures with bottle and pacifier. Figure 29. Rainbowresource.com - Picture of product box with warning. 6 https://www.rainbowresource.com/product/051668/Yellow-LabradorTwins.html?trackcode=googleBase&utm_source=google&utm_medium=cpc&adpos=&scid=scplp051668&sc_intid=051668&gclid =EAIaIQobChMIneib2PyJ6wIViZWzCh0mJgM4EAQYAyABEgIky_D_BwE 29 Epoch_004068 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 31 of 110 Joanne.com7 (Joanne Fabrics) o Photos of figures, product box, etc. for Labrador twins with bottle and pacifier. (See Figure 30). o The small parts choking warning on the box header is clearly seen in the product photo; the circled }4,~ age grade is also seen on the bottom left of package front. (See Figure 31). o @ahks pda lnk`q_p ldkpko eo ] oa_pekj _]hha` }Description~ which reiterates the small parts s]njejc ]j` pd]p pda pkuo ]na }Dkn ?cao 4 ]j` Sl~/ Rdeo oa_pekj ]hok `ao_ne^ao pda lanokj]hepeao kb pda becqnao- pdaen oi]hh oeva )2/36~*- pda lnaoaj_a kb naikr]^ha clothing, and that the figures can be mixed and matched with other Calico Critters. (See Figure 32). Figure 30. Joanne.com - Figures with pacifier and bottle. 7 https://www.joann.com/calico-critters-yellow-labradortwins/14470066.html?utm_source=google&utm_medium=cpc&gclid=EAIaIQobChMIneib2PyJ6wIViZWzCh0mJgM4EAQYBSABE gLqhfD_BwE 30 Epoch_004069 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 32 of 110 Figure 31. Joanne.com - Product package with small parts warning label. Figure 32 { Joanne.com { }Bao_nelpekj~ sde_d ej_hq`ao oi]hh l]npo s]njejc ]j` 4, ]ca cn]`a/ 31 Epoch_004070 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 33 of 110 Christianbooks.com8 o This website shows the Yellow Labrador Twins with pacifier and bottle. (See Figure 33). o }Product Description~ op]pao pd]p pda pkuo ]na }`esigned for Ages 3+~. }Product Information~ op]pao pd]p pda pkuo ]na bkn }Ages: 3-6~/ Figure 33. Christianbook.com - Picture of figures with pacifier and bottle. Figure 34. Chriastianbooks.com { Product Information with 3+ 8 https://www.christianbook.com/calico-critters-yellow-labrador-twins/pd/8766061 32 Epoch_004071 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 34 of 110 (e) Circulars and advertising materials - Advertising materials from 2013 { 2018 were provided to me ^u Kn/ @eadhan•o kbbe_a/ Rdaoa i]pane]ho `k jkp ej_hq`a ]`ranpeoejc ola_ebe_ pk Wahhks J]^n]`kn Twins. Rather, advertising materials pertain to the Calico Critters product line and include many different animal families and play scenes. While circulars and advertising are not specific to Yellow Labrador Twins, these materials are informative about the intended age of the product line overall. A key indicator of intended age in advertising is the ages of children depicted using the product. All of the circulars and advertising provided to me and seen online show children of at least 6 years and older using the products; children younger than about 6 years are not shown. For example, , below which shows a girl of about 8 years. Attachment 3 contains all advertising, provided to me, that include photos of children. Figure 35. Child pictured in marketing/advertising for Calico Critters Collecting and appreciating collectibles is enjoyed by children ages 3+/4 years and older, as discussed later in this report. Collectability is a core utility and play value of the Calico Critters line, and the toys are marketed accordingly. Product advertising shows children playing with figures bnki `ebbanajp b]ieheao ej atpajoera lh]u o_ajao/ Akjoqiano ]na aj_kqn]ca` pk }Akhha_p pdai ]hh~ and expand their collection through promotions and discounts when more than one product is purchased. (See Attachment 3). For example, the Toys R Us Big Book (2013) shows many different play scenes including the Burger Café, Supermarket, Lakeside Lodge, Tree House, Cozy Cottage, Camper, Townhouse Gift Set, etc. Also, the circular advertises that for purchases over $70, any Calico Critter family is $9.99; there are 10 families to choose from. ?`ranpeoejc bkn A]he_k Aneppano `eo_qooao pda }D]iehu Aneppano~ ]j` }Rsejo~ ]j` pdaen ba]pqnao (i.e., size, posability, removable clothing). The collectability of the toys is not only emphasized in advertising, but also in the way the toys are displayed in stores. This is seen Pap]ehano ]na aj_kqn]ca` pk }Ana]pa ] A]he_k Aneppan Fkia ej Wkqn Qpkna~/ This marketing page shows an entire wall of Critters and Play Scenes. Such a display shows all of the families, play scenes, towns people, clothing, shops in the town, etc. that can be purchased. This supports the importance of }_khha_p]^ehepu~ kb A]he_k Aneppan lnk`q_po/ In the Wal-Mart store where the subject 33 Epoch_004072 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 35 of 110 product was purchased, it was displayed on a shelf with other Calico Critters families and accessories. (f) Youtube videos { Calico Critters are shown in YouTube advertising. These video ads show children around 6 to 8 years of age using the products. (See the photos in Figures 36-39). Children in these YouTube ads are shown using a wide variety of figures, play houses, vehicles, and small accessories. Figure 36. YouTube ad https://www.youtube.com/watch?v=RU1WYmXh6p4 34 Epoch_004073 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 36 of 110 Figure 37. YouTube ad - https://www.youtube.com/watch?v=F-hI-COsZFo Figure 38. YouTube ad - https://www.youtube.com/watch?v=nQmyoLRcrto 35 Epoch_004074 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 37 of 110 Figure 39. YouTube ad - https://www.youtube.com/watch?v=nyBqldP-7a4 (g) Market research findings { Market research conducted in August 2017 by Insight Kids was provided to me. Key findings are discussed below. The study does not break-out ages 3+ from those younger than 3 years. Therefore, it is not possible to determine use by children younger than 3 years from this study. Other market research, conducted by AKD focuses on children 4 years and older, again, making it impossible to learn the extent to which children younger than 3 years use these products. August 2017 Insight Findings: Brand fanship of girls by age: [Consumers were asked: Would you say that your child is a b]j kb~ A]he_k Aneppano>] 2-3 Years = 35% 4-5 Years = 27% 6-7 Years = 24% 8-9 Years = 21% 10-11 Years = 24% @n]j` ajc]caiajp ^u ]ca; YFks kbpaj skqh` ukq o]u ukqn _deh` lh]uo sepd opqbb bnki~ Calico Critters?] 2-3 Years = 74% 4-5 Years = 49% 6-7 Years = 45% 8-9 Years = 51% 10-11 Years = 54% 36 Epoch_004075 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 38 of 110 product since it was manufactured in 2018. In 2020, the Guidelines were updated again. 37 Epoch_004076 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 39 of 110 38 Epoch_004077 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 40 of 110 39 Epoch_004078 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 41 of 110 While the Yellow Labrador Twins figures have a relatively simplistic appearance, Pretend play revolving around a caretaking theme - with babies, pacifiers, bottles, and blanket { are not only relevant for children younger than 3 years, but also for children ages 3 years and older. Calico families, including the Labrador Twins, encourage this type of symbolic play. The animals, their clothing, and accessories can be incorporated into pretend themes revolving around babies and nurturing. Further, children who own addition]h }_neppano~ )a/c/- the Labrador Family and/or other Calico families) can incorporate the twins into larger and more extensive creative and symbolic play, replicating their own familial and other relationships (e.g., with family friends and neighbors. The core theme and play pattern for Calico Critters is the relationships of the animals within a family and with other families in their community. This is important and relevant for children, particularly at 3 years of age, as this is when they begin having interactive relationships; not only with siblings and immediate family members, but also with those outside the immediate family. Starting at 3 years, children begin to engage in a low to moderate level of interactive and cooperative play Whether using only the Labrador Twins to represent the interactive relationship between siblings, or playing with ]``epekj]h }Aneppano~, there is a heavy symbolic connection between pda becqnao ]j` _deh`naj•o own familial relationships and relationships with other people in their community. Rda becqnao pdaioahrao ]na ieje]pqnao ia]oqnejc haoo pd]j 2/6~ ej pdaen hkjcaop `eiajoekjo/ Udeha children younger than 3 enjoy small figures, they should not be this small. . Starting at around 4 to 5 years, children can manipulate pieces as small as ½ inch Component size is important as it relates to the functionality and ease with intended users can interact with and independently use the figures, their clothing, and accompanying accessories { i.e., the clothing, pacifier, and bottle. The clothing worn by the Yellow Labrador Twins is very small, like the figures themselves. The girl Labrador is wearing a removable pink cloth and lace-trimmed romper. The boy Labrador is wearing a pair of removable blue shorts, also lace-trimmed. This style of Victorian kn }]jpemqa-hega~ _hkpdejc 40 Epoch_004079 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 42 of 110 is characteristic of the clothing worn by other Calico Critters. such details are not appreciated by children younger than 3 years. Three-year-olds have a moderate degree of dexterity and fine motor control Removable clothing for dolls intended for this age group have large arm and leg holes and simple fastenings for easy removal and replacement. As children get older, they can better manage smaller accessories, including clothing, and more challenging fasteners. The romper on the girl Labrador attaches to the figure by a piece of elastic that goes over the becqna•o da]` ]j` fits around the becqna•o neck, and a small Velcro attachment at the waist. Undressing the girl Labrador can be handled in one of two ways. One, the child first removes the ah]ope_ bnki pda becqna•o ja_g- ]j` pdaj naikrao pda nkilan/ Rk `k pdeo- pda _deh` cn]olo ]j` lqhho pda ah]ope_ ^]j` bnki ]nkqj` pda ^]_g kb pda becqna•o ja_g/ This is difficult to do and requires refined fine motor skills because the elastic fits very tecdphu ]nkqj` pda becqna•o ja_g and is setlled in a groove of the neck (below the head and above the body). The child must use the tips of her fingernails in order to grasp the elastic. Oja•o cnel kj pda ah]ope_ eo n]pdan tentative due to the tension and narrowness of the elastic. As a result, the elastic band has a tendency to slip back onto the neck of the figure making it difficult to remove and likely frustrating to a child/ Mj_a abba_perahu cn]ola`- pda ah]ope_ eo lqhha` kran pda becqna•o da]` ]j` pda Tah_nk oa_qnejc pda b]^ne_ ]nkqj` pda becqna•o s]eop eo klaja` ej kn`an pk naikra pda _hkpdejc/ Rda Tah_ro ]pp]_diajp ia]oqnao ]^kqp /49~ t /41~/ An easier way to remove the clothing is to first detach the Tah_nk kj pda nkilan odknpo ]j` pdaj lqhh pda _hkpdejc ]j` ah]ope_ kran pda becqna•o b]_a ]j` da]`/ Figure 42/ En]olejc pda ah]ope_ hkkl ]nkqj` cenh J]^n]`kn•o ja_g Putting the romper back onto the figure is more challenging and non-intuitive compared to removing the clothing because once opened up, the garment lacks an obvious or recognizable form. , the opened romper has only one intact leg hole. Therefore, when removed from the figure, the romper does not resemble a romper or any other piece of clothing (or any article that would be familiar to a child). Rather, it is undefined and essentially like an openended, 3-dimensional fabric puzzle. Children younger than 3 years lack the cognitive and na]okjejc ogehho pk i]j]ca pdeo pula kb }lqvvha~ 41 Epoch_004080 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 43 of 110 Figure 43. Romper Rk ]pp]_d pda nkilan pk pda becqna- pda ah]ope_ hkkl iqop ^a lqhha` kran pda becqna•o da]`/ Rdeo sehh be quite difficult for around 3 years (and younger) because they must stabilize the figure, and at the same time, using their fingertips or fingernails, pull the elastic loop with enough tension so that it bepo kran pda becqna•o da]`/ Rda ah]ope_ hkkl d]o ] paj`aj_u pk napn]_p ]j` ohel kqp kb pda _deh`•o fingers. which young children (especially 3-year-olds) will find frustrating. The process of pulling pda ah]ope_ hkkl kran pda becqna•o da]` sehh likely need to be repeated many times until the child either succeeds or requests assistance. ?bpan lh]_ejc pda ah]ope_ hkkl kran pda becqna•o da]`- kja hac eo lh]_a` ejpk pda bknia` hac dkha ]j` then the horizontal strip of fabric with Velcro is pulled through the narrow space between the arm ]j` hac klajejc )]^kqp /1:~). Since the figure is rigid, the user will need to twist the fabric to fit into pdeo ol]_a/ Rda oi]hh Tah_nk p]^ )]^kqp /49~ t /41~* ]pp]_dao pk pda kpdan oe`a kb pda _hkpdejc ]p pda becqna•o ^]_g/ Overall, removal and replacement of clothing on the girl Labrador is not obvious, intuitive, nor is it easy. While children 3+/4 (i.e., older 3s and 4-year-olds) years will enjoy the challenge and will appreciate the fine lace detail and unusual design of the romper, these details and the challenging process required to dress the figure will exceed the capabilities and interests of children younger than 3 years (as well as some 3-year-olds). Due to the small size of components (i.e., figure, the romper, and its attachment features) and the rigidity of the figure, dressing the girl Labrador Twin requires refined fine motor skills, effort, and patience that exceeds the capabilities of children younger than 3 years of age. The shorts on the boy Labrador twin can be pulled off the figure. Since both the figure and the shorts are small, ]j` pda odknpo bep _hkoahu pk pda becqna•o ^k`u- kja qoao bejcanj]eho kn bejcan pelo pk remove the shorts. Replacing the clothing is more difficult. The leg openings in the shorts are very oi]hh ]j` jkp iq_d h]ncan pd]j pda becqna•o baap ]j` haco )]^kqp /51~ `e]iapan*/ Rda _deh` iqop stabilize the figure while inserting pda becqna•o baap ejpk pda oi]hh klajejco ej pda odknpo ]j` lqhhing them up, with some effort, onto the figqna•o pdecdo/ Rdeo eo a]oean `kja qoejc kja•o bejcan j]eho pk aooajpe]hhu o_n]la pda odknpo kjpk pda becqna•o hksan pknok/ As is the case with the girl Labrador Twin, due to the small size of components (i.e., figure, shorts, leg openings in the shorts) and the rigidity of the figure, dressing the boy Labrador Twin requires refined fine motor skills, effort, and patience that exceeds the capabilities of children younger than 3 years of age. 42 Epoch_004081 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 44 of 110 Manipulating the clothing in order to dress and undress the Yellow Labrador Twins presents challenges due to: the small size the animals, the small-sized clothing, the close fit of the clothing, the tiny openings where the arms and legs fit in, the complexity of reattaching the romper, and the rigidity of the figures. Three-year-olds will be able to remove the clothing from the figures however, they still may find it difficult to put the clothing back onto the figures. At around 4-5 years, children can handle most closures. Moreover, unlike dressing larger, heavier dolls or figures, dressing and undressing the Calico Critter figures must be accomplished mostly with one hand. Because the figures are so small, the child must hold it in one hand while using the other hand to manipulate the clothing. This is in contrast to larger dolls and animals (with larger clothing) that can be placed on the _deh`•o lap or a horizontal surface to support the figure while the child uses two hands in order to take the clothing off or dress the figure. The Yellow Labrador Twins play set includes two tiny accessories { a pacifier and a bottle. The pacifier measures ]^kqp /53~ hkjc ]j` pda ^kppha ia]oqnao /86~ hkjc sepd ] `e]iapan kb ]^kqp /41~/ The nipples on both accessories ]na peju ]j` bep ejpk ] dkha ej pda becqnao• ikqpdo/ Rda dkha measures about/19~ diameter. Positioning and inserting (pushing) the nipples into the tiny holes/mouths of the dolls requires refined fine motor skills. Children younger than 3 years are likely to be frustrated by such tiny pieces and have difficulty keeping track of them. The pacifier and bottle- hega pda naikr]^ha _hkpdejc- ]na ejpacn]h pk pda pku•o ejpaj`a` qoa0bqj_pekj and play value. However, due to their small size, these accessories { like the clothing - are difficult for children younger than 3 to easily manage independently, and keep track of. While these types of accessories (i.e., bottle, pacifier) and removable clothing are appropriate for children both younger than 3 years and for ages 3+; it is the size and function of these components that determines the age that can effectively and fully utilize the toy. and discussed earlier , there are dolls and figures in the market with bottles and pacifiers that are intended for children both younger and older than 3 years. The key difference is the size of these accessories. Pacifiers and bottles included in toys for children younger than 3 years are not only larger than the small parts test fixture, but in fact, they are much larger ensuring easy graspability and use. One product , Wee Baby Stella, has a magnetic pacifier to facilitate the connection. In contrast, pacifiers and bottles included in toys for children ages 3 and older are often quite small, akin to the pacifier and bottle included with the Yellow Labrador Twins. Calico Critters will appeal to and have a great deal of play value for children 4 and 5 years of age who are more adept at pretend play than 3-year-olds At 4-5 years, children enjoy telling stories and conducting plays. Information about each of the Twins { their interests and personalities - provided on the bottom of the product box - forms the foundation for storytelling and facilitates higher-level play scene interactions, not only between the specific figures, but also with other animals and objects that the child may have { either unrelated to Calico Critters or from the Calico Critters line 43 Epoch_004082 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 45 of 110 (e.g., other families, play sets, and locales). Learning about the figures interests and personalities helps children weave the figures into more elaborate storytelling. Starting at 3 years { and particularly at ages 4 and 5 { children can utilize this information and incorporate it into their play activities. They are particularly interested in play scenes and enjoy more detailed doll houses and miniature play sets They enjoy the challenge of positioning small objects in small rooms or areas Four- and five-year old children have a moderate degree of dexterity and fine-motor control and they can handle accessories of most sizes. Their more advanced fine motor skills will allow them an easier time utilizing the clothing and accessories than younger children. At 4 and 5 years, children can manipulate pieces ½ inch in size and can handle most working mechanisms Calico Critters figures and play scenes will continue to have appeal to children 6 to 8 years of age who take an interest in miniature, collectible figures. While the Yellow Labrador Twins and any of the other boxed figures can be purchased and used alone, they are also intended to be incorporated into larger play scenes with other figures, play sets, and play houses, as part of Calico Village. Various animal families and settings can be purchased in order to build a village consisting of townspeople with different interests, personalities, occupations, shops, restaurants, and other locales seen in a small town. Figures and play scenes are accompanied by tiny accessories and unique, detailed clothing. At 3+/4 years of age, children begin to appreciate the variety of figures, families, stores, clothing, and accessories. At this age, children can not only manage the small pieces, they can effectively incorporate the information that is provided about animals• interests and personalities into extensive storytelling play. (Since most children this age cannot read, this information would be read to them, e.g., by a parent). 44 Epoch_004083 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 46 of 110 The buildable and collectible nature of Calico Critters is integral to product line. Collectability is incorporated into the marketing in stores online, and on packaging. The figures and play sets are described online ]o }_khha_pe^hao~ ]j`0kn _kjoqiano ]na aj_kqn]ca` pk }_khha_p~ pdai ]hh/ The collectability of Calico Critters figures and the extensive play scenes and accessories are suitable for children ages 3 and older who can, not only manage the small pieces, but also incorporate them into storytelling. Collecting is notably an interest of children ages 3 years and older. ?p 5 pk 6 ua]no- pdey are ]ppn]_pa` ikna pk `khho pd]p ]na _khha_pe^ha Finally, it is worth noting that Calico Critters figures are featured in visual media that brings the characters to life. The Calico Critters television show was released on Netflix in 2018. The characters, like the figures themselves have a sweet and simple appearance. Common Sense Media rates this show for 3+ (https://www.commonsensemedia.org/tv-reviews/calico-critters/userreviews/adult). There are three parent reviews on this site; these parents age grade the visual series for 3+ (two parents) and 4+. There are no child reviews. The website describes the show as follows: Parents need to know that Calico Critters is a series from Japan based on a popular toy line by the same name (though they're known as "Sylvanian Families" outside of the U.S.). The toys are tiny, flocked animals wearing clothing, and are highly collectible -- the series only makes them seem cuter and more desirable { so the biggest challenge here for parents will probably be discouraging their kiddos from begging to own every last toy the company makes. Content is very mild, and most episodes (they actually call them "mini-episodes") tap out at around three minutes. 45 Epoch_004084 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 47 of 110 4. Consumer Perceptions In order to learn about consumer perceptions an internet search of consumer reviews was conducted. (Search conducted on 7-6-2020). Consumer reviews were researched for Calico Critter Labrador Twins and other Calico }tsej~ sets that include a baby bottle and pacifier. A Google search was conducted for pda panio }A]he_k Aneppano Rsej Qapo N]_ebean @kppha~ ]j` }A]he_k Aneppano Rsej Qapo~/ Twin sets with bottle and pacifier are shown in Attachment 5. Thousands of various Calico Critters twin set reviews were found on Walmart.com9, Amazon.com10, Google.com/shopping11, and Influenster.com12. Consumer reviews of twin sets were screened on two levels. First, reviews of twin sets were screened to include those sold with the bottle and pacifier accessories. For webpages that sold multiple twin sets (those with bottle and pacifier and those without, or with the ride-on vehicle accessory), relevant reviews were identified through the following oa]n_d panio; }^kppha~- }l]_ebean~- }^ejgu~- }l]_e~- }^ejg~/ Qa_kj`- nareaso kb psej oapo sepd pda ^kppha and pacifier were read and screened to capture those where user•o (child) age was specified. In some cases, the reviews were redundant; duplicates were deleted. Most _kjoqian nareaso `k jkp ola_ebu pda _deh` qoan•o ]ca/ A _deh`•o age was mentioned in 39 reviews of the twin sets with bottle and pacifier. Some reviews mention more than one age of child playing with the toy, bringing the total frequency of ages mentioned within the reviews to 44. Many reviewers indicated that they purchased Calico Critter twin sets for their own collections, rather pd]j bkn ] _deh`/ Qkia kb pdaoa nareasano• _kiiajpo ]na oaaj ]p pda aj` kb ?pp]_diajp 6. 9 https://www.walmart.com/ip/Calico-Critters-Yellow-Labrador-Twins/37463070 https://www.walmart.com/ip/Calico-Critters-Hopscotch-Rabbit-Twins/37463026, https://www.walmart.com/ip/Calico-Critters-Ellwoods-Elephant-Twins/51571567 https://www.walmart.com/ip/Calico-Critters-Pickleweeds-Hedgehog-Twins/51571568 https://www.walmart.com/ip/Calico-Critters-Toy-Poodle-Twins/100598339 https://www.walmart.com/ip/CALICO-CRITTERS-CC1586-Persian-Cat-Twins-New-Factory-Sealed/257588338 https://www.walmart.com/ip/Calico-Critters-Sandy-Cat-Twins/51571590 https://www.walmart.com/ip/Calico-Critters-Maple-Cat-Twins/476381868 https://www.walmart.com/ip/Calico-Critters-Hazelnut-Chipmunk-Twins/828233855 https://www.walmart.com/ip/Calico-Critters-Fluffy-Hamster-Twins/51571596 https://www.walmart.com/ip/Calico-Critters-Wilder-Panda-Bear-Twins/51571564 https://www.walmart.com/ip/Calico-Critters-Persian-Twins/771768996 https://www.amazon.com/Sylvanian-Families-Toy-Poodle-Twins/dp/B01NCXE22X/ref=cm_cr_arp_d_bdcrb_top?ie=UTF8#customerReviews https://www.amazon.com/Sylvanian-Families-Persian-Cat-Twins/dp/B0104BL8M8/ref=cm_cr_arp_d_bdcrb_top?ie=UTF8 https://www.amazon.com/Calico-Critters-Caramel-Cat-Twins/dp/B002QB7WPW/ref=sr_1_7?dchild=1&keywords=sandy+cat+twins&qid=1591833638&s=toys-andgames&sr=1-7#customerReviews https://www.amazon.com/Sylvanian-Families-Kangaroo-TwinsSportsMarket/dp/B00HRRBRPQ/ref=sr_1_11?dchild=1&keywords=kangaroo+twins+calico+critters&qid=1593628836&sr=8-11 https://www.amazon.com/Calico-Critters-Ellwoods-Elephant-Twins/productreviews/B002RCFTLY/ref=cm_cr_arp_d_viewopt_kywd?ie=UTF8&reviewerType=all_reviews&pageNumber=1&filterByKeyword=12 https://www.amazon.com/Calico-Critters-Hopscotch-Rabbit-Twins/dp/B0012BSNJG/ref=sr_1_2?dchild=1&keywords=calico+critters+twins&qid=1591925744&sr=82#customerReviews https://www.amazon.com/Calico-Critters-Persian-Cat-Twins/dp/B078J46YSH/ref=sr_1_6?dchild=1&keywords=calico+critters+twins&qid=1591928678&sr=8-6 10 https://www.amazon.com/Calico-Critters-Hopscotch-RabbitTwins/dp/B0012BSNJG/ref=sr_1_1?dchild=1&keywords=calico+critters+twins&qid=1594080248&sr=8-1#customerReviews 11 https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnz Oxrqbh89Yw:1593991751423&biw=1582&bih=746&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 12 https://www.influenster.com/reviews/calico-critters-yellow-labrador-twins-1-ct 46 Epoch_004085 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 48 of 110 As seen in Table 1, below, tda n]jca kb _deh`naj•o ]cao mentioned in consumer reviews is from 2 to 12 years. The mean age is 5.34 years; the median is 5 years; the mode is 4 years. In 42 of 44 reviews (95.5%), the user was 3 years and older. Age Count 1 0 2 2 3 8 4 10 5 6 6 6 7 4 8 4 9 2 10 0 11 1 12 1 Total: 44 Table 1. Frequency of Specified Ages Mentioned in All Reviews Only 2 reviews mentioned children younger than 3 years and both made note of the small size of the accessories and/or indicated that they do not allow the child to play with these components (see Attachment 6).13 For example, one reviewer stated that oda lqn_d]oa` pda pku bkn ]j }]hikop 4-yearold, but decided to hold them back until she is older since the bottle and pacifier is (sic) SO TINY!~ Reviewers with children ages 3 years and older also made note of the small size of the accessories, and frustration associated with manipulating the pieces and trying not to lose them. For example: My 3.5-year-old loves Calico Critters (probably from all the commercial she sees at mama was house)! It usually keeps her busy, which is saying a lot bc she's a busy body. These particular ones, she gets frustrated with because paci and bottle don't stay in. Not sure if they are meant to, but she wants them to - and is not a happy camper about it! https://www.walmart.com/ip/Calico-Critters-Wilder-Panda-Bear-Twins/51571564 My 3 year old just loves these easy for her to care around Only problem bottle ad bink our a little small for so kids ad easy to loss https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critte rs+twin+set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&b iw=1582&bih=746&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 13 One parent purchased the product as a future Christmas gift for a 2.5-year-old the toy for Christmas. It was unclear if the child would be 2 or 3 years old at Christmas time, so this review was left out of the tally and analysis. 47 Epoch_004086 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 49 of 110 Very cute little bunnies. I'm only giving it 4 stars because the tiny pieces that come with the babies are difficult for a child to use. The pacifier and bottle are supposed to fit in the baby's mouths but they are extremely tiny and fall out easily. My 4 yr old asks me to put them back in over and over and gets frustrated that they don't stay in the baby's mouths. https://www.amazon.com/gp/customerreviews/R2QBRUG111LJUK/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG Calico Critters Twin Sets with bottle continue to be enjoyed by children ages 6-8 years and older. Even in this older age ranges, the small size of the accessories and the potential choking hazard is noted. Sample reviews from parents with older children include: Super-duper adorable and fuzzy kitty's. Calico critter babies were #1 on my 6-year-old daughters Christmas list. These are cute and well made but buyers should know they are super tiny with super tiny bottle and binky. These are a choking hazard. I personally wouldn't recommend them for any child under 5 years old but the manufacturer says under 3 years old. I guess it depends on the maturity level of your child, just please be careful if buying for kids under 5 ? https://www.amazon.com/Calico-Critters-Persian-CatTwins/dp/B078J46YSH/ref=sr_1_6?dchild=1&keywords=calico+critters+twins&qid=159192 8678&sr=8-6#customerReviews These are the cutest. My 8-year-old niece requested these specifically for her birthday. She was particularly charmed by the tiny pacifier and bottle. The twin panda babies were immediately "adopted" into her calico critter world. Teeny tiny accessories. Definitely not for little ones who still put things in their mouth. https://www.amazon.com/gp/customerreviews/R24N0SICQZXAMO/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY I might have bought these for myself more than my 7-year-old. The Hazelnut Chipmunk twins are SOOOO cute! I bought these for my 7-year-old daughter's birthday. She squealed when she opened them. The bottle and pacifier stay in their mouths. The little arms and legs move. I am happy with this purchase. The pieces are tiny. I would definitely follow the age requirements on the box. https://www.amazon.com/gp/customerreviews/R1XIX13QBV5RJM/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY As noted in the review above, a number of adult consumers also collect Calico Critters. Examples, including the ones below, are found in Attachment 6. These are stinking adorable. I bought them for my 21 yr old daughter, along with a few other sets. She just likes them on display and doesn't actually play with them of course. As such, I can't really speak on how they hold up to long term play. They truly are adorable though. https://www.amazon.com/Calico-Critters-Ellwoods-Elephant-Twins/product- 48 Epoch_004087 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 50 of 110 reviews/B002RCFTLY/ref=cm_cr_getr_d_paging_btm_next_8?ie=UTF8&reviewerType=all _reviews&pageNumber=8&filterByKeyword=bottle Absolutely adorable little critters. I'm so in love and they're going into my collection. Love their little feeding bottle and pacifier. https://www.amazon.com/gp/customerreviews/R3CXWGL9VYLAYV/ref=cm_cr_arp_d_rvw _ttl?ie=UTF8&ASIN=B002RCFTLY One final point, noted in some online consumer reviews for twin sets and other Calico Critters figures, is that the flocking on the figures exterior comes off if rubbed or mouthed, mouthed, and the propensity for the flocking to get dirty. A few examples are shown below: Style: Wilder Panda Bear TwinsVerified Purchase z I would say ages 3-4 and up, just because the flocking and coloring can come off if they are scratched too hard or bitten. Love the collectability of the families. Will definitely be loving these now and then saving for grandchildrenz~ https://www.amazon.com/Calico-Critters-Ellwoods-Elephant-Twins/productreviews/B002RCFTLY/ref=cm_cr_arp_d_viewopt_kywd?ie=UTF8&reviewerType=all_reviews&pag eNumber=1&filterByKeyword=bottle 4.0 out of 5 stars Reviewed by my 11 yr old Daughter. Reviewed in the United States on January 10, 2019 Style: Pickleweeds Hedgehog FamilyVerified Purchase These are great but delicate!... The Pickleweed family is very adorable. I love their old timey outfits! Naklha `kj•p na]hhu sa]n pdejco hega pd]p jksz.One more thing, be very careful or their noses will rub off. https://www.amazon.com/Calico-Critters-Pickleweeds-Hedgehog-Family/productreviews/B002RCL7JW/ref=cm_cr_arp_d_viewopt_kywd?pageNumber=1&filterByKeyword=rub+ Very adorable. My daughter LOVES these. That being said, the bottle and pacifier do not actually fit in the pup's mouths, which is a bit disappointing for a little one. The felt on these pups, which make them even cuter, are actually magnets for dirt. I have two brown puppies now haha. I will say that Calico Critters are absolutely adorable though. We will keep buying these. They are made well. https://www.amazon.com/gp/customerreviews/R1P557EU03C8AU/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Finally, a search was conducted of YouTube for the Calico Critter twin sets in order to try to observe children using the Yellow Labrador Twins with pacifier and bottle. Very few videos were located for twin sets, rather, most videos focus on the unboxing of play sets and houses. Two videos of children unboxing twin sets were found on YouTube14,15, but the children are not shown on the video, making it 14 15 https://www.youtube.com/watch?v=2u6hUfQdiko https://www.youtube.com/watch?v=N_d_L80XmDQ 49 Epoch_004088 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 51 of 110 difficult to guess their age, and their YouTube profiles do not state their ages. It should also be noted that one of the videos (from 2015) unboxes the hedgehog twins yet there is no bottle, pacifier, or vehicle that accompany the figurines. The style of the box appears to be a previous design, which may indicate the video was filmed before the hedgehog twins were available with accessories. Conclusion ( On-product age grading is available to the consumer at the point of purchase. Age guidance for the Yellow Labrador Twins product appears in two places: first, on the header of the product box, and also in the lower left-hand corner of the primary display panel where it shows the 3+ , circled. The 3+ and small parts choking warning are very conspicuous and easy to notice when viewing the product box. The small parts choking warning is quite noticeable due to the size, particularly relative to the header, the color contrast- lh]_aiajp ej ] }mqeap~ lh]_a kj pda l]_g]ca )e/a/where there is no distracting images or text competing for attention). The color contrast between the lightcolored lettering and the dark background, and the font size of the lettering, make the warning very easy to read. While the company website at one time included an FAQ stating that younger children can use the product with adult supervision, that FAQ also informed consumers that the product is best for children from 3 years, which is consistent with the age grade on the product. Moreover, while Mrs. Dedios interacted with the product box, she did not go to the website and therefore, did not see this FAQ. A market review of other figures and dolls sold online by a variety of manufacturers, and having similar characteristics to the Yellow Labrador Twins (i.e., flocking, small pacifier and/or bottle accessories, and removable clothing), revealed that these products are typically for 3+. This is particularly true of small sized figures with small accessories and small, detailed removable clothing. (2) Marketing, advertising, promotion, and display of the toy { The Calico Critters product line is marketed as an expandable line of collectibles. The product is clearly marketed and advertised for ages 3 years or older. Product advertising that includes images of children consistently uses child models who are approximately 6 years of age. These children are seen interacting with extensive play scenes and a vast array of small figures and tiny accessories. The product is not marketed to children younger than 3 years. The product is intended to be promoted as part of the Calico Critters expandable product line. Products are displayed so that consumers can view a variety of other families and play scenes. This is consistent with the collectability and buildability of this line. Photographs taken of the Wal-mart where the subject product was purchased show Calico Critters toys being sold in a section of the toy department that has other figures for children 3 years and older. The Yellow Labrador Twins play set includes two figures that are sweet and simple in appearance. However, the figures are smaller pd]j 3~ and are accompanied by accessories and clothing that are also quite small. For children younger 50 Epoch_004089 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 52 of 110 than 3 years, figures, accessories, and clothing should be larger (around 2-5~*, more graspable, and easier to manipulate for a positive and successful play experience. While children this age can play with the figures alone (i.e., without the bottle, pacifier, and clothing), this does not constitute full utilization of the toy. Children ages 3+ years and older will be capable of using the figures, their accessories, and clothing as intended. This age group will appreciate the detailed clothing and miniature accessories. They will enjoy learning about the personalities and interests of the figures and weaving this information into their pretend play activities. Further, children ages 3+/4 years and older will be interested in adding other families and figures, vehicles, accessories, and play scenes and incorporating the Twins into the larger play scene in order to facilitate rich storytelling. Starting at 3 years, children are more adept at making symbolic connections. This type of play connects them to their family and social network and allows them to try out relationships and interactions between them. Trying out different interactions and social situations through the Calico families helps children learn about and experience interactions with family and friends through pda becqnao• nah]pekjodelo/ Rda A]he_k Aneppano heja kb b]ieheao eo lneia bkn pdeo pula kb lh]u oej_a _deh`naj _]j expand on the immediate family. Beyond this particular play set, the Yellow Labrador Twins is part of the extended Calico Critters product line. This line { with its extensive variety of figures, families, townspeople, play scenes, and accessories and best suited to older 3s and children 4 years and older. These children have an interest in developing intricate stories around the figures, and using the miniaturized, detailed accessories and the variety of locales and play scenes. The buildable product line allows children pk `arahkl ikna atpajoera lh]u o_ajao ]j` pk aooajpe]hhu _na]pa pdaen ksj }rehh]ca~ sepd ] r]neapu kb hk_]hao and diverse families. The variety of figures, families, accessories, and locales encourages complex storytelling and play scene involvement that are of interest to children through elementary school age, particularly for children interested in collecting. This play pattern is fostered by the information provided about the different figures and families. , the product line is also desirable for adult collectors. 51 Epoch_004090 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 53 of 110 52 Epoch_004091 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 54 of 110 13713 Valley Drive Rockville, Maryland 20850 pollacknel@comcast.net (301) 340-2912 Education Ph.D. and M.Phil (1989, 1987) Industrial/Organizational Psychology, The George Washington University. Areas of concentration: Human Factors, Training & Statistics. B.A. (1982), The George Washington University. Graduated with Distinction & Special Honors in Psychology. Phi Beta Kappa, Psi Chi, Omicron Delta Kappa. Selected Professional Appointments, Awards (since 2000) Ross A Koeser Achievement Award in recognition for contributions to the International Consumer Product Health & Safety Organization and dedication to product safety, Orlando, FL., 2018. <bafh`Xe IebWhVg LTYXgl <b``\ff\ba &<IL<' <[T\e`Taqf <\eV_X bY <b``XaWTg\ba Award. September 2013, U.S. CPSC, Bethesda, MD, 2013. Human Factors and Ergonomics Society (HFES) A.R. Lauer Safety Award, Las Vegas, NV, 2011. Heroes Award, International Consumer Product Health and Safety Organization, Washington, D.C. 2008. Consumer Award, ASTM International, Committee F15 on Consumer Products, Washington, D.C. 2006. ------ASTM International, Board of Directors, 2020 n 2022 Kids in Danger (KID) n Consumer Advisory Council on Design Safety (2020 - ) 1 Epoch_004092 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 55 of 110 ASTM F15 Executive Committee, Vice-Chair of New Products (2016 n present). Vice-Chair, Programs & Education (2012-2015); Vice-Chair, Liaison and Research (2010 - 2011); Secretary (2004 -2009); Member-At-Large (1996-2003). ASTM Subcommittee Chair n ASTM Subcommittee Co-Chair n Liquid Laundry packets (2013-present); Subcommittee Chair Weighted Blankets (2018-2019); Above-ground inflatable pools (2005n2011). International Consumer Product Health and Safety Organization (ICPHSO) PastPresident, Executive Committee and Board of Directors for the (2005-2015). Symposium Conference Chair (2012-2013). Symposium Planning Committee (2005present). Human Factors and Ergonomics Society (HFES), Chair of the <[\_WeXaqf BffhXf Technical Group (2017-2018); Program Chair (2016). Underwriters Laboratories (UL) Consumer Advisory Council - Member (2006 present) and Appeals Review Board (2010 - present). Portable generators STP (2014present). ANSI Steering Committee for Window Coverings. Serve in oversight capacity on steering committee involving all stakeholders. 2016-present. National Action Plan for Child Injury Prevention, invited expert and contributor, Centers for Disease Control, Atlanta, GA, 2010. Advisory Board, Kids In Danger Teach Early Safety Testing Program, 2004. Supervision and Childhood Injuries Expert Panel, Invited Participant, Centers for Disease Control, Atlanta, GA, August 2003. National Association of State Fire Marshals, Juvenile Fire-Setter Task Force, Team Leader, 1999 n 2000. Employment History Independent Safety Consulting Beginning March 1994 Work with all stakeholders involved in product safety including manufacturers, retailers, testing laboratories, attorneys, voluntary standards organizations, consumer 2 Epoch_004093 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 56 of 110 advocacy groups, and the U.S. government, assisting them in understanding safety issues relating to human behavior and consumer products. Provide advice relating to the suitability and adequacy of product designs, warnings, instructions, and age grades for a wide range of products including: household appliances, tools and garden equipment, sporting goods and recreational products, V[\_WeXaqf toys and toy premiums, executive desk toys, nursery products, furniture, industrial products, candy, food containers and packaging, and healthcare-related products including over-the-counter medicines and cosmetics. Liaison between manufacturer and government agencies (CPSC, FDA). Iebi\WX TZX WXgXe`\aTg\baf Ybe V[\_WeXaqf gblf TaW V[\_WeXaqf cebWhVgf* Develop and deliver training courses on human factors issues including product design and hazard potential, anticipating use and misuse, benefits and limitations of voluntary standards, warning label design and effectiveness, design of product instructions( TZX WXgXe`\aTg\baf Ybe V[\_WeXaqf gblf TaW bg[Xe cebWhVgf( YbeXfXXTU_X use of appliances, toys, recreational products, premiums, and other products. Conduct training seminars for a wide range of clients including manufacturers, marketing companies/designers, test laboratories, and professional legal organizations. Advisor and/or consultant to other agencies and organizations including the Centers Ybe =\fXTfX <bageb_( NaWXeje\gXeqf ETUbeTgbe\Xf( <bafh`Xef Na\ba( g[X @bbW Housekeeping Institute, the National Association of State Fire Marshals, Kids in Danger, and Consumer Federation of America. Conduct independent research on consumer product safety issues including: nursery product injuries, supervision of young children, facial suction suffocation, hunting tree stand injuries and fatalities, injuries and fatalities associated with infant carriers, parental cXeVXcg\baf bY &fcXV\Y\V' V[\_WeXaqf cebWhVgf( jTea\aZ _TUX_ WXf\Za TaW effectiveness, etc. Publish findings research in peer-review journals, and present research at national and international conferences. Reviewer for professional journals including Journal of Pediatric Psychology; Pediatrics; Injury Prevention; Human ?TVgbef $ >eZbab`\V LbV\Xglqf Annual Conference and Proceedings; Social Science and Medicine. Change agent for the following product safety standards: In 2014, petitioned the CPSC to invoke mandatory requirements for home elevators. In many home elevators, the clearance between the interior door and exterior door is large enough to allow children as old as 12 years to fit between the doors. This presents an entrapment hazard when the elevator is called to another floor and the hoistway door automatically locks. The V[\_Wqf UbWl \f VTee\XW T_baZ j\g[ g[X X_XiTgbe VTe hag\_ g[X [b\fgjTl Wbbe `XXgf g[X bUfgehVg\ba bY g[X f\__( j[XeX g[X V[\_Wqf UbWl (usually the head) 3 Epoch_004094 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 57 of 110 is crushed. The petition was docketed in Jan 2015 and subsequently, industry agreed to make necessary changes to the standard. In 2013, petitioned the CPSC to change voluntary standard for window coverings. Hundreds of infants and toddlers have strangled on accessible cords on window coverings. Despite urging from the CPSC and advocacy groups, industry has failed to adequately address the hazard. The standard, last re-issued in 2012, continues to permit long draping and accessible cords. The CPSC docketed the petition and subsequently, industry agreed to eliminate cords from all stock window coverings and to utilize an explicit warning label on custom products that are corded. In 2010, petitioned CPSC to change mandatory bunk bed standard to specify head and neck entrapment requirements for ladders and other side structures. The standard prohibits head and foot-board designs that present head and neck entrapment. However, these requirements do not apply to integral side structures (i.e., attached side ladder). CPSC docketed the petition. The ASTM subcommittee revised the voluntary standard that is relied upon by the CPSC. In 2010, petitioned the CPSC to require protective barrier on gas fireplace glass to prevent accessibility to glass fronts that reach in excess of 500 oF. Inadvertent contact with glass fronts of gas fireplaces has led to thousands of painful and disfiguring burn injuries to children; primarily toddlers. The CPSC docketed the petition and it was published in the Federal Register. In response, industry revised and reissued the voluntary standard to include requirements for an integrated barrier. In 2002, petitioned the CPSC to ban single strap waist belts on hunting tree stands in response to associated deaths and injuries. Industry agreed to revise the ASTM voluntary standard for hunting restraints to require full body harnesses. In 2000, addressed the CPSC during a Commission Hearing on utility lighters. Was invited by CPSC to present opinions on human factors issues relating to child play fires. Subsequently, the Commission issued a mandatory standard requiring child resistant features for utility lighters. U.S. Consumer Product Safety Commission, Senior Engineering Psychologist, Division of Human Factors, February 1988 through September 1993 4 Epoch_004095 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 58 of 110 Served as Human Factors technical expert in matters before the Commission. Provided opinions on hundreds of products including children's toys, exercise equipment, household appliances, playgrounds and recreational equipment, clothing, furniture, and other consumer products. Testified at Commission hearings and briefings on issues relating to foreseeable use and misuse, product design hazards, and the adequacy of instructions and warnings. Served on high priority agency committees (e.g., CPSC-Consumer Task Force; Engineering Lab Task Force; Indepth Investigations Team) and represented the Commission at extramural meetings. Responsible for Human Factors Division programs on Product Safety Assessments &IL:f' TaW :ZX =XgXe`\aTg\baf* LXeiXW ba iTe\bhf oce\be\gl ceb]XVgfp \aV_hW\aZ6 Bucket Drowning Team (Project Manager); Methylene Chloride Project; Choking Project. Adjunct Instructor/Lecturer, The George Washington University September 1987 through May 1990 Adjunct lecturer for undergraduate courses in Industrial and Organizational Psychology and Independent Research. Major topic areas included: Personnel, Training, Human Factors, Organizational Development, and Legal issues in Employment. U.S. Army Research Institute (ARI), Research Fellow October 1984 through February 1988 Conducted all phases of research while serving in the Training Lab, Automation and Simulation Team. Produced papers on topics such as: Stress in Army Recruiters, and Stages of Skill Acquisition Training Device/Simulator Fidelity. Presented research findings at professional conferences. The Institute For Safety Analysis (TISA), Consultant February 1984 to October 1984 Case Coordinator for automobile design product liability litigation. Prepared cases for technical experts, including abstracting depositions, police records, technical literature. Left TISA upon award of Graduate Research Fellowship at ARI (see above). The Center for Auto Safety, Product Liability Research Service and Foreign Vehicle Safety Staff; May 1982 through January 1984 Assisted attorneys in preparation of cases relating to automobile defects. Investigated 5 Epoch_004096 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 59 of 110 consumer complaints and Department of Transportation inquiries pertaining to foreign vehicle defects. Met with media and press to alert the public to breaking safety issues. Frequent contributor to Center's newsletters, The Lemon Times and Impact. Also contributed to The Car Book by Jack Gillis (1984) and Automobile Design Products Liability by CFAS and Richard M. Goodman (1984). Selected Publications Pollack-Nelson, C. (2018). A Hazard Hiding in Plain Sight. In Forensic Human Factors and Ergonomics: Case Studies and Analyses. Ed. Michael Wogalter. New York: Taylor & Francis. Deppa, S. and Pollack-Nelson, C. (2014). Consumer product safety issues in forensic human factors. Eds K. Nemire, J. Cohen and H. H. Cohen. HFES Guide to Forensic Human Factors. Pollack-Nelson, C. (2012). The Lauer Letter: Get involved with voluntary standards. SURFTECH Newsletter, September, 3-6. Pollack-Nelson, C. (2012). The Burn Hazard Presented by Gas Fireplace Glass, Ergonomics in Design, 20 (3), 14-18. Pollack-Nelson, C. and Drago, D. (2012). Hazards Associated with Common Nursery Products. In K.D. Liller (Ed), Injury Prevention for Children and Adolescents, Washington, DC: American Public Health Association. National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention. (2012). The National Action Plan for Child Injury Prevention, Contributing Expert. Shields, B. Pollack-Nelson, C. and Smith, G. (2011). Pediatric Submersion Events in Portable Above-Ground Pools, United States, 2001-2009, Pediatrics, 128 (1), http://pediatrics.aappublications.org/content/early/2011/06/16/peds.2010-3033. Pollack-Nelson, C. (2011). Fatality in the side of a bunk bed. Ergonomics in Design, 19, 9-11. Pollack-Nelson, C. (2011). Petition requesting rulemaking to require safeguards for g fronts on gas vented fireplaces. Federal Register Volume 76, Number 110, Wednesday, June 8, 2011. Pages 33179-33180. Deppa, S., Pollack-Nelson, C. & Allen, E. &.,-,'* oLb Rbhe <bafh`Xe Product Complies with the Voluntary Safety Standard n Gbj P[Tg8p Proceedings of the Human Factors and Ergonomics Society's 54th Annual Meeting, 728-732, San Francisco, CA. Pollack-Nelson, C. (2010). Petition Requesting Revision of Bunk Bed Standard To Incorporate Requirements for Head and Neck Entrapment Testing in Spaces Created by Side Structures, Including Ladders. Federal Register Volume 75, Number 132, July 12, 2010. Page 39666-39667. Pollack-Nelson, C. and =XccT( L* &.,,5'* oM[X Kb_X TaW E\`\gTg\baf bY Ob_hagTel Standards in Consumer Product Safety(i F_\PRRQV[T` \S aUR ?uman Factors and Ergonomics Society's 53rd Annual Meeting, 563-567, San Antonio, Texas. 6 Epoch_004097 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 60 of 110 Pollack-Nelson, C., Sutherland, M., Lemonds, J. (2008). The Utility of Brief, On-Product Instructional Labels to a Fall Arrest Restraint Device, Proceedings of the Human Factors and Ergonomics Society 51st Annual Meeting, in process. Pollack-Nelson, C., Faranda, D., Porth, D., and Kim, N. (2006). Parents of Juvenile Firesetters: Perceptions of the Fireplay Hazard, International Journal of Injury Control and Safety Promotion, vol. 13, issue 3, September 2006. Pollack-Nelson, C. And Drago, D. (2006). Hazards Associated with Common Nursery Products. In K.D. Liller (Ed), Injury Prevention for Children and Adolescents, Washington, DC: American Public Health Association. Wanna-Nakamura, S., Pollack-Nelson, C. and Chidekel, A. (2003). Suction-type suffocation incidents in infants and toddlers, Pediatrics, Vol. 111, no. 1, e.1. Heiden & Associates (2003). Recall Effectiveness Research: A Review and Summary of the Literature on Consumer Motivation and Behavior, Prepared for the U.S. Consumer Product Safety Commission, July. Pollack-Nelson, C. (2002). Petition Requesting Standard for Hunting Tree Stands and Ban of Waist Belt Restraints Used With Hunting Tree, Filed before the U.S. Consumer Product Safety Commission. Federal Register / Vol. 67, No. 84 / Wednesday, May 1, 2002 . Pollack-Nelson, C. and Drago, D. (2002). Supervision of children aged two through six years. Injury Control and Safety Promotion, Vol. 9 (2), pp.121-126. Pollack-Nelson, C. (2001). Petition Requesting Standard for Hunting Tree Stands and Waist Belt Restraints Used with Hunting Tree Stands, Federal Register: May 1, 2002 (Volume 67, Number 84) Page 21640. Pollack-Nelson, C. (2000). Injuries associated with in-home use of infant seats and baby carriers. Pediatric Emergency Care, 16, 2, 77-79. Pollack-GX_fba( <* &-554'* oMT^\aZ : ?T__p TaW oFT^\aZ <[TaZXfp( :`Xe\VTa LV[bb_ $ University, June, September. Pollack-Nelson, C. (1996). Differentiated alarm signals for carbon monoxide detectors, Proceedings of the Human Factors and Ergonomics Society 40th Annual Meeting, Santa Monica: HFES, pp. 855-859. Pollack-Nelson, C. (1995). Home playground equipment fatalities, Proceedings: Playground Safety - An International Conference, University Park, PA: Penn State University, 127-132. Pollack-Nelson, C. (1995). Injuries associated with home playground equipment, Proceedings: Playground Safety - An International Conference, University Park, PA: Penn State University, 121-126. Pollack-Nelson, C. (1995). Analysis of methylene chloride product labelling, Ergonomics, 38, 11, 2176-2187. 7 Epoch_004098 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 61 of 110 Pollack-Nelson, C. (1994). The effect of warning label language on behavioral intent, Journal of Products and Toxics Liability, 16, 3/4, 299-304. Pollack-Nelson, C. (1994). Focus group evaluations of warning labels for industrial buckets. Journal of Products and Toxics Liability, 16, 2, 131-138. Pollack-Nelson, C. (1992). The application of warning labels to consumer products containing methylene chloride, Technical Paper, U.S. Consumer Product Safety Commission. Pollack-Nelson, C. (1992). Focus group study of proposed bucket labels. Summary and recommendations. Technical Paper, U.S. Consumer Product Safety Commission. Pollack-Nelson, C. (1991). The effectiveness of warning labels, Technical Paper, U.S. Consumer Product Safety Commission. Presentations (in public venues) Human Factors and Smart Products: Consumer Perceptions, Interactions and Reality, Invited Moderator, February 19, 2020. Product Safety & The Human Factors, Lecture presented at St. Louis University, St. Louis, MO. September 26, 2019. Standards - What in the world is going on? Invited panelist, JPMA (Juvenile Product FTahYTVgheXeqf :ffbV\Tg\ba' Lh``\g( ?XUehTel .4( .,-5( PTf[\aZgba( =*<* Product Safety Simulation. Invited panelist, International Consumer Product Health and Safety Organization Annual Symposium, February 28, 2019, Washington, D.C. Chasing the Unicorn: Why is it so hard to achieve international harmonization of product safety standards. Invited panelist, International Consumer Product Health and Safety Organization Annual Symposium, February 27, 2019, Washington, D.C. Trends in Infant Sleep: What do the data show? What are Caregivers Thinking? Moderator at the Human Factors and Ergonomics Society Annual Meeting, Philadelphia, PA, October 2, 2018. Warning Label Design Guidance, Invited speaker, American Home Appliance FTahYTVgheXeqf IebWhVg LTYXgl $ E\TU\_\gl <baYXeXaVX( PTf[\aZgba( =*<* LXcgX`UXe 18, 2018. Age Grading and other Determinations: Human Factors Guidance for Promotional Products Compliance Teams, Invited speaker, Promotional Products Association International (PPAI), Alexandria, VA, September 16, 2018. Understanding How Consumers Use Products, Lecture presented at St. Louis University Product Safety Certification Program, St. Louis, MO, April 18, 2018. Age Grading Challenges, ICPHSO-ASTM Age Grading Roundtable, Washington, D.C., April 13, 2018. Customer Service Training and Other Strategies for Anticipating and Reducing Risk, Tutorial 8 Epoch_004099 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 62 of 110 presented at the International Consumer Product Health and Safety Organization Annual Symposium, February 21, 2018, Orlando, FL. Adult Products that Harm Children, Presented at the Human Factors and Ergonomics Society Annual Meeting, October 11, 2017, Austin, TX. Introduction to Voluntary Standards, Presented at Voluntary Standards Workshop, October 10, 2017, Washington, DC Are Information & Education Campaigns Effective for Consumer Product Hazards? IeXfXagXW Tg NaWXeje\gXeqf ETUbeTgbe\Xf <bafh`Xe :Wi\fbel <bhaV\_ FXXg\aZ( May 8, 2017, Chicago, IL Human Factors Psychology: Understanding Consumer Behavior. Lecture presented at St. Louis University Product Safety Certification, April 18, 2017, St. Louis, MO. Perceived Risk: Research & Experiential Findings. Tutorial presented at the International Consumer Product Health and Safety Organization Annual Symposium, February 20, 2017, Orlando, FL. Communications Theory & Human Information Processing & the Effectiveness of Information & Education Campaigns, Information & Education Campaigns Workshop, Sponsored by ASTM and ICPHSO, October 3, 2016, Washington, D.C. Warnings and Instructions: Best Practices and Research Findings, Invited Speaker, he International Consumer Product Health and Safety Organization Annual Symposium, February 29, 2016, Washington, D.C. Voluntary Standards and Product Safety, Invited panelist, Promotional Products Industry of America (PPAI) Product Responsibility Summit, September 29, 2015, Bethesda, MD. Human Factors to be Considered when Assessing and Anticipating Product Risks, First Congress on Product Safety, September 3, 2015, Cartagena, Colombia. Age grading and product determinations in the new age of CPSIA, Tutorial presented at the International Consumer Product Health and Safety Organization Regional Training, June 18, 2015, Wayne, NJ. Are voluntary standards voluntary? Tutorial presented at the International Consumer Product Health and Safety Organization Regional Training, June 18, 2015, Wayne, NJ. Consumer Disclosures, Invited Speaker, 2015 Consumer Assembly, March 12, 2015, Washington, DC. Human Factors Tutorial, the International Consumer Product Health and Safety Organization Annual Symposium, February 23, 2015, Orlando, FL. Human Factors and Home Appliances, American Home Appliance Manufacturers (AHAM) Bi-Annual Product Safety & Liability Conference, September 30, 2014, Arlington, VA. Risky Play & Acceptable Risk, International Consumer Product Health and Safety Organization International Meeting, Brussels, Belgium, June 17, 2014. 9 Epoch_004100 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 63 of 110 Trends in Consumer Product Injuries with Human Factors Implications, Invited speaker, Attorney Information Exchange Group (AIEG), Boston MA, April 23, 2014. Human Factors Essentials to Avoid Problems with Consumer Products, CPSC Day at the International Consumer Product Health and Safety Organization Annual Symposium, Orlando, FL February 27, 2014. @` Va N :UVYQ_R[j` F_\QbPa7 @` Va N I\f7 Bureau Veritas Lunch and Learn session on Age Grading Issues KX_Tg\aZ gb <[\_WeXaqf Mblf( Mbl ?T\e( .,-0( GXj Rbe^( GR( February 18, 2014. Child Safety Plenary; Product Conformity Workshop, Abu Dhabi Quality and Conformity <bhaV\_qf JhT_\gl ?beh`( :Uh =[TU\( N*:*>*( :ce\_ .4-29, 2013. Product Safety and Market Surveillance, European Consumer Day on Product Safety, Brussels, Belgium, March 14, 2013. Risk Assessment Panel &FbWXeTgbe'( B<IALHqf L\kg[ >hebcXTa FXXg\aZ TaW MeT\a\aZ Symposium, Brussels, Belgium, October 17, 2012. Shades of Gray: How Can You Determine If H\ZRaUV[T @` 8 :UVYQ_R[j` F_\QbPa LVaU Confidence? Invited Keynote speaker, PPAI Product Safety Summit, New Orleans, LA, August 14, 2012. Warnings for Promotional Products, Featured speaker, PPAI Product Safety Summit, New Orleans, LA, August 15, 2012. Educating the International Community about Product Safety (Moderator), International Consumer Product Health and Safety Organization Annual Conference, Orlando, FL, February 2012. Human Factors Issues in Instructions, Warnings & Product Design, International Consumer Product Health and Safety Organization Training Symposium, Atlanta, GA. August 2011. Conducting Effective Recalls, Moderator, International Consumer Product Health and Safety Organization Training Symposium, Atlanta, GA. August 2011. The Role & Limitations of Voluntary Standards in Consumer Product Safety, International <bafh`Xe IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( He_TaWb( FL. February 2010. Current Research in Product Safety, Moderator, International Consumer Product Health and LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( He_TaWb( ?E* ?XUehTel .,-,* LUNa V` N :UVYQ_R[j` F_\QbPa7 American Apparel and Footwear Association Conference, Product Safety: Beyond Quality Control, New York, NY. June 2010. Research in Consumer Product Safety, Moderator, International Consumer Product Health TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( PTf[\aZgba( =*<* ?XUehTel .,-,* 10 Epoch_004101 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 64 of 110 The Role and Limitations of Voluntary Standards in Consumer Product Safety, Annual Meeting of the Human Factors and Ergonomics Society's 53rd Annual Meeting, San Antonio, TX. October 2009. The Importance of Human Factors Analysis in Product Design, Second Annual Product Safety and Liability Conference, Washington, D.C. September 2009. Portable Pools h Update on an Emerging Hazard, International Consumer IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( He_TaWb( ?E( ?XUehTel 2009. Applications of Definitions from a Human Factors Perspective, CPSC Lead & CPSIA Meeting, U.S. Consumer Product Safety Commission, Bethesda, MD. November 2008. The Utility of Adding Brief Instructional Cues to a Hunting Safety Restraint, the Human Factors and Ergonomics Society 51st Annual Meeting, New York, NY. September 2008. Human Factors Considerations in Designing Consumer Products, Midwest Regional Training, International Consumer Product Health and Safety Organization, Oak Brook, IL. May, 2008. Toy Premiums and Children Under Three Years of Age, 2008 International <bafh`Xe IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( Washington, D.C., February 2008. Research Issues in Human Factors and Product Safety, Moderator, International Consumer IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( PTfhington, D.C. February 2008. Human Factors Analysis for Preventing Hazards, Invited speaker, International Consumer IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :f\T <baYXeXaVX( ;X\]\aZ <[\aT* FTl 2007. Portable Pools: An Emerging Hazard, Invited speaker, Drowning Prevention Symposium, Phoenix, AZ. April 26, 2007. Current Research in Human Behavior and Safety, Moderator, International Consumer IebWhVg AXT_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( ?XUehTel .,,3* Orlando, FL. Human Factors Analysis and Product Safety Assessment, Product Safety Training Seminar, Consumer's Union, Yonkers, NY. March 2006. Parents of Juvenile Firesetters: Perceptions of the Child Play Fire Hazard, SOS Fires Research Roundtable - International Conference on Youth Firesetting Behaviors, Welches, OR. November 2005. 11 Epoch_004102 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 65 of 110 Practical Applications of Human Attributes in Product Safety, Warnings & Instructions, Moderator; Practical Applications of Human Factors, Human Factors Symposium sponsored by ICPHSO, CPSC, and Specialized Technology Resources (STR), Bethesda, MD. September 2005. Supervision of Young Children, Invited speaker, International Consumer Product Health and LTYXgl HeZTa\mTg\baqf :aahT_ <baYXeXaVX( He_TaWb( ?E* ?XUehTel .,,1* Current Issues in Age Grading, Moderator, International Consumer Product Health and LTYXgl HeZTa\mTg\baqf :aahT_ Symposium, Orlando, FL. February 2005. Creating Safer Products - Theory & Application of Risk Assessment. Moderator, International Consumer Product Hea_g[ TaW LTYXgl HeZTa\mTg\baqf :aahT_ Symposium, Orlando, FL, February 2005. Human Factors Seminar, Toy Premium Safety Conference, Shenzhen, China. October 2004. Supervision of Children Ages Two through Six, Plenary/Keynote speaker, Toy Industry Association Annual Conference, Chicago, IL. July 2004. Supervision in Injury Prevention, Centers for Disease Control, Invited speaker, Atlanta, GA. August 2003. Recall Effectiveness Meeting n Invited speaker, U.S. CPSC, Washington, D.C. May 2003. LU\j` GR`]\[`VOYR S\_ HNSRaf5 CN[bSNPab_R_`, Retailers, Consumers and the Government, International Consumer Product Health and Safety Organization Annual Symposium, Orlando, FL. February 2003. Hazards to Infants and Toddlers, Invited speaker, Parents Education Network, Potomac, MD. January 2003. Hazards to Infants and Toddlers, Invited speaker, Parents Education Network, Potomac, MD. April 2002. The Safety Hierarchy For Addressing Product Hazards, International Consumer Product Health and Safety Organization, Orlando, FL. March 2002. Product Safety, Southeastern Quality Conference, Atlanta, GA. October 2001. Developing a Comprehensive In-house Product Safety Program, International Consumer Product Health and Safety Organization, Orlando, FL, February 2001. Hazards to Infants and Toddlers, Parents Education Network, Rockville, MD. January 2001. Parental Behaviors Associated with Utility Lighters, Testimony at the U.S. Consumer Product Safety Commission Hearings on Multi-Purpose Lighters in response to the Notice of Proposed Rulemaking (NPR), U.S. CPSC Headquarters, Washington, D.C., January 1999. Hazards to Infants and Toddlers, Parents Education Network, Montgomery County, MD 12 Epoch_004103 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 66 of 110 locations, 1999, 1998, 1997. School Playground Injuries in the U.S., American Public Health Association Annual Conference, Washington, D.C. 1998. Differentiated alarm signals for carbon monoxide detectors, Human Factors and Ergonomics Society's 40th Annual Meeting, Santa Monica, CA. September 1996. Injuries and Fatalities Associated with Home Playground Equipment, Playground Safety n An International Conference, State College, PA, November 1995. Labeling: A Regulatory Alternative, Interagency Regulatory Colloquium, Washington, D.C, 1993. Hazards to Infants and Children in the Day Care Setting , American Academy of Pediatrics (AAP) and the Centers for Disease Control (CDC) International Conference on Day Care and Child Health, Atlanta, GA, October 1992. Consumer Product Safety, area hospitals, Washington D.C., Virginia and Maryland, 1992. Effectiveness of Warning Labels in Injury Risk Reduction and Trends in Human Factors for Consumer Products, American Public Health Association (APHA) Annual Conference, New York, NY, October 1990. Warning Label Design and Effectiveness, International Toy Fair, New York, NY, February 1990. Professional Affiliations ASTM International, Board of Directors, 2020-2022; Executive Committee (F15.90); Subcommittee Chair Liquid Laundry Packets. Kids in Danger (KID), Consumer Advisory Council on Design Safety (2020 n present) International Consumer Product Health & Safety Organization (ICPHSO), Past-President, Board Member. Underwriters Laboratories n Consumer Advisory Council (2006- ); UL Appeals Review Board (2010- ); Portable Generators STP. ANSI n Window Coverings Oversight Committee (2010-2012; 2016 to present). Human Factors and Ergonomics Society (1985- '( <[\_WeXaqf BffhXf MXV[a\VT_ @ebhc &ITfg Chair). American Psychological Association, Full Voting Member. Member of Forensics Technical Group (1986- ). 13 Epoch_004104 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 67 of 110 13713 Valley Drive Rockville, Maryland 20850 pollacknel@comcast.net (301) 340-2912 Testimony Record Y 2015 - 2020 Mejia v. Big Lots Date: April 14, 2015 Issue: Reasonable use of torch fuel, warnings. Attorney: Matt Finklestein, Sico White, Hoelscher, Harris & Braugh, LLP for the Plaintiff Amica Mutual Insurance Company, A/S/O Richard Hanlon v. GHP Group, Inc. Date: March 12, 2016 Issue: Instruction manual, warnings associated with propane heater Attorney: Matthew Kennedy, Sloan and Walsh, for the Plaintiff Miller v. Coty, Inc. Date: April 28, 2016 Issue: Warnings, instructions, foreseeable use associated with bikini wax Attorney: Terrance Massey, Jr., Dolt, Thompson, Shepherd & Kinney, PSC Wilson v Ameristep Date: August 30, 2017 Issue: Warnings, instructions, foreseeable use with a hunting ladder stand. Attorney: John Baldante, Levy, Baldante, Finney & Rubenstein, P.C. 1 Epoch_004105 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 68 of 110 Attachment 3: Marketing and Advertising 2013 Big Book Ad S Toys R Us 1 Epoch_004106 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 69 of 110 2013 IPL S Annual Catalogue (pp. 94 S 147) 2 Epoch_004107 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 70 of 110 See p. 129 See p. 142 3 Epoch_004108 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 71 of 110 4 Epoch_004109 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 72 of 110 5 Epoch_004110 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 73 of 110 6 Epoch_004111 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 74 of 110 2013 S Calico Critters Brochure (images with children) 7 Epoch_004112 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 75 of 110 8 Epoch_004113 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 76 of 110 2104 S Clover Leaf Manor, Package Back 9 Epoch_004114 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 77 of 110 2015 S Townhome Packaging, Back Final 10 Epoch_004115 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 78 of 110 2108 Town Series, Toy Insider Banner Ad 11 Epoch_004116 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 79 of 110 Attachment 4 f Market Review of Small Figures with Flocking, Bottles and/or Pacifier, and Removable Clothing August 4, 2020 To learn how products with attributes similar to Calico Critters Yellow Labrador Twins are age graded, we searched >]]UZS+Q][ O\R 8[Og]\+Q][ T]_ TWUb_S` dWaV iTZ]QYW\Uj) iP]aaZSj) i^OQWTWS_j) O\R i_S[]cOPZS QZ]aVS`j+ JVS _S`bZa` ]T aVW` research are presented below. Contents I. Flocked Toys- Ages 3+ ....................................................................................................................................................... 1 II. Flocked Toys- Under 3 ....................................................................................................................................................... 7 III. Toys with Bottles/Pacifiers h Ages 3+................................................................................................................................... 8 IV. Toys with Bottles/Pacifiers h Under 3 ............................................................................................................................. 14 V. Toys with Removeable Clothing h Ages 3+ ......................................................................................................................... 17 VI. Toys with Removeable Clothing h Under 3 ..................................................................................................................... 19 I. Flocked Toys- Ages 3+ 1) Lil Woodzeez Collection, 3+ Lil Woodzeez collection are hard-P]RWSR) TZ]QYSR O\W[OZ TO[WZWS` aVOa _O\US W\ `WgS T_][ /j-0+/2j+1 Lil Woodzeez has several playset and animals representing a different family in the collection. a) Bushytails2 1 https://parental.guidanceguide.com/big-kid-toys/reviews/lil-woodzeez-families-and-play-sets0760225e00b7#:~:text=They%20range%20in%20height%20from,is%20wearing%20a%20teeny%20diaper. 2 https://www.target.com/p/li-8217-l-woodzeez-miniature-animal-figurine-set-bushytail-squirrel-family/-/A-51255353 Epoch_004117 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 80 of 110 b) CVgX M[[QeRRe 9NOd 8ZVYNX J[d IR` cV`U Accessories f Babeez Surprise3 2) Disney Jr. TOTS Babies, 3+4 9O`SR ]\ O\ O[Og]\ G$8) aVS O\W[OZ` O_S .+2j h /j+ 3 https://www.target.com/p/li-8217-l-woodzeez-baby-animal-toy-set-with-accessories-8211-babeez-surprise/-/A-53408908 https://www.amazon.com/Disney-Jr-T-T-SSurprise/dp/B07PJVFTRQ/ref=sr_1_8?dchild=1&keywords=disney+jr+tots&qid=1596394663&s=toys-and-games&sr=1-8 4 Flocked Toys- Ages 3+ Page 2 of 20 Epoch_004118 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 81 of 110 3) Hatchimals- Colleggtibles, Season 4 Midnight Masquerade, 5+5 Hatchimal Colleggtibles are small figures located in an egg the user rubs and presses to hatch. Most figures from the icolleggtiblesj are hard plastic and some editions feature flocked figures. For example, the flocked figure, iMidnight Koalabeej (shown below)) [SO`b_S` .+.4j aOZZ O\R .j dWRS Oa aVS largest locations. 5 https://kid-time.net/wp/2018/04/29/hatchimals-colleggtibles-season-4/ Flocked Toys- Ages 3+ Page 3 of 20 Epoch_004119 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 82 of 110 4) Crayola Scribble Scrubbie Pets, 3+6 <eO[^ZS ^_]RbQa` ]T O PW_R O\R V]_`S IQ_bPPWS _O\USR T_][ /j- 0j aOZZ+ 5) Ugly Dolls, 4+7 Each toy is approximately 1-2 inches tall and is inspired by the kooky characters from the epic animated movie, UglyDolls. 6 https://www.target.com/p/crayola-1ct-scribble-scrubbie-pets/-/A76431889?ref=tgt_adv_XS000000&AFID=google_pla_df&fndsrc=tgtao&CPNG=PLA_Seasonal%2BShopping_Local&adgroup=SC_Seas onal&LID=700000001170770pgs&network=g&device=c&location=9007779&ds_rl=1246978&ds_rl=1248099&ds_rl=1247068&gclid= Cj0KCQjwyJn5BRDrARIsADZ9ykF1hMIl_T5HL0wxn68tzT8ZHgDjQ9z7sp0K0J_AdaYehoDrPreJ-M0aAirmEALw_wcB&gclsrc=aw.ds 7 https://www.walmart.com/ip/UglyDolls-Super-Soft-and-Fuzzy-Mini-Toys-Walmart-Exclusive/172669743 Flocked Toys- Ages 3+ Page 4 of 20 Epoch_004120 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 83 of 110 6) Melissa Doug Safari Sidekicks, 3+8 Collection of 10 assorted miniature safari animal figures ranging from approximately .75 inch9 to 3 inches tall. 7) Hello Kitty Flocked Figures and Swing, 4+10 Based estimation of a responder to an Amazon Q&A, the Hello Kitty figurine is 1.5 to 2". 8 https://www.amazon.com/Melissa-Doug-Safari-SidekicksClassic/dp/B072JV25HP/ref=sr_1_9?dchild=1&keywords=flocked+animal&qid=1596396334&sr=8-9 9 Assuming this is the height of the alligator. 10 https://www.amazon.com/Hello-Kitty-Flocked-Figures-Swing/dp/B00NUAHVN6 Flocked Toys- Ages 3+ Page 5 of 20 Epoch_004121 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 84 of 110 8) Flocked Farm Animals11 / mj aOZZ 8. My Little Pony- So Soft, 3+ A flocked My Little Pony collection was released in 1985-1986. E\S SeS[^ZO_ ^]\f ]\ O _S`OZS dSP`WaS W` 2 mj aOZZ+12 11 https://www.orientaltrading.com/flocked-farm-animals-a213780295.fltr?sku=13780295&BP=PS544&ms=search&source=google&cm_mmc=GooglePLA-_-1398795105-_-58038653187-_13780295&cm_mmca1=OTC%2BPLAs&cm_mmca2=GooglePLAs&cm_mmca3=PS544&cm_mmca4=FS39&cm_mmca5=Shopping&cm _mmca6=PLAs&cm_mmc10=Shopping&cm_mmca11=13780295&cm_mmca12=12ct-Flocked-FarmAnimals&gclid=Cj0KCQjwyJn5BRDrARIsADZ9ykGXu7YGHHeStX310QZSi4N_uG94cNR5VifvTV_uQ1s-23dJpME-lwgaAjWvEALw_wcB 12 https://www.jadeesantiquebearshoppe.com/products/vintage-my-little-pony-fuzzy-felt-horse-cupcakes-on-rear-w-teal-bluemane-5-in Flocked Toys- Ages 3+ Page 6 of 20 Epoch_004122 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 85 of 110 II. Flocked Toys- Under 3 A search of Google and Amazon for iTZ]QYSR O\W[OZ`j iTZ]QYSR TWUb_Sj iTZ]QYSR a]fj could not locate any iTZ]QYSRj a]f` with an age grade under 3 years of age. There was one product an amazon given an erroneous age grade of 3 months, that likely was meant to have an age grade of 3 years+. E\S _SaOWZS_ `SZZ` TZ]QYSR TWUb_W\S` aVOa O^^SO_ a] PS /+2j aOZZ with an age range of 2-4 years in the specifications. The minimum amount that can be purchased are 50 items so it is likely not intended for individual purchase rather for commercial purposes.13 13 https://www.dhgate.com/product/6cm-pvc-flocked-dolls-toys-furry-pandapengiun/411622012.html?skuid=445370345757577216#redirect_detail=WAP2PC Flocked Toys- Under 3 Page 7 of 20 Epoch_004123 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 86 of 110 III. Toys with Bottles/Pacifiers f Ages 3+ 1) Cry Babies a. Cry Babies Magic Tears Bottle House, Multi-color- 3+14 b. Cry Babies Magic Tears - Paci House Series15 14 https://www.amazon.com/Cry-Babies-Magic-Tears98442/dp/B07DM8NX9C/ref=sr_1_67?dchild=1&keywords=toy+with+bottle&qid=1596418332&sr=8-67 15 https://www.target.com/p/cry-babies-magic-tears-paci-house-series/-/A79402523?ref=tgt_adv_XS000000&AFID=google_pla_df&fndsrc=tgtao&CPNG=PLA_Toys%2BShopping_Local&adgroup=SC_Toys&LID =700000001170770pgs&network=g&device=c&location=9007792&ds_rl=1246978&ds_rl=1248099&gclid=Cj0KCQjw6575BRCQARIsA Mp-ksPgsXAENzvLydPCP0um1-XM1jaLxs3HljBNahD24JMxYn0kvmAfegYaAntUEALw_wcB&gclsrc=aw.ds Toys with Bottles/Pacifiers Ages 3+ Page 8 of 20 Epoch_004124 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 87 of 110 2) Little Live Bizzy Bubs Single Pack, 5+16 Notes: electronic 16 https://www.amazon.com/dp/B06XP2PYFD/ref=sspa_dk_detail_5?psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUExRERWVFZZVkN UNFBCJmVuY3J5cHRlZElkPUEwOTYyMjc5MkdUOUNFSDJaMElDRSZlbmNyeXB0ZWRBZElkPUEwOTM2NDU3MU1NWU9KWFNLU0kmd 2lkZ2V0TmFtZT1zcF9kZXRhaWwyJmFjdGlvbj1jbGlja1JlZGlyZWN0JmRvTm90TG9nQ2xpY2s9dHJ1ZQ== Toys with Bottles/Pacifiers Ages 3+ Page 9 of 20 Epoch_004125 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 88 of 110 3) Blume Baby Pop, 3+17 17 https://www.amazon.com/Skyrocket-Blume-Baby-Pop-Surprises/dp/B07Y2MXKF4 Toys with Bottles/Pacifiers Ages 3+ Page 10 of 20 Epoch_004126 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 89 of 110 4) Baby Alive, 3+18 5) Barbie sets: a) Barbie Skipper Babysitters Inc. Doll & Playset, 3+19 18 https://www.amazon.com/Baby-Alive-Sweet-SpoonfulsAsian/dp/B072MHV3MM/ref=sr_1_3?dchild=1&keywords=Baby+Alive&qid=1596479521&sr=8-3 19 https://www.target.com/p/barbie-skipper-babysitters-inc-doll-playset/-/A-75662365 Toys with Bottles/Pacifiers Ages 3+ Page 11 of 20 Epoch_004127 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 90 of 110 b) Barbie Skipper Babysitters Inc. Feeding And Changing Playset With Color-Change Baby Doll, Diaper Bag And Accessories, 3+20 c) Barbie - Skipper Babysitters Inc Nap 'n' Nurture Nursery Dolls And Playset, 3+21 20 https://www.walmart.com/ip/Barbie-Skipper-Babysitters-Inc-Feeding-And-Changing-Playset-With-Color-Change-Baby-Doll-DiaperBag-AndAccessories/783611271?wmlspartner=wlpa&selectedSellerId=101017604&adid=22222222227340205436&wl0=&wl1=g&wl2=c&wl3 =423429749167&wl4=pla886759316396&wl5=9007779&wl6=&wl7=&wl8=&wl9=pla&wl10=165857230&wl11=online&wl12=783611271&veh=sem&gclid=Cj0 KCQjw7qn1BRDqARIsAKMbHDbARNEU61egC-KICckL8rTobNY7Y_x1f_562S_w-RPDjGnr6Ei0xNIaAqMFEALw_wcB 21 https://www.bestbuy.com/site/barbie-skipper-babysitters-inc-nap-n-nurture-nursery-dolls-andplayset/6379180.p?skuId=6379180&ref=212&loc=1&extStoreId=288&ref=212&loc=1&gclid=Cj0KCQjw7qn1BRDqARIsAKMbHDaTo52 BeHVki_lZTI_bT3sJJXF95dYy8lKaURxSTI9kKij2o81-atUaAjm-EALw_wcB&gclsrc=aw.ds Toys with Bottles/Pacifiers Ages 3+ Page 12 of 20 Epoch_004128 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 91 of 110 6) Hatchimals Hatchibaby, 5+22 Product packaging has the small parts choking warning on it. However, it is not possible to determine the size of the bottles and other accessories from the picture. 22 https://www.walmart.com/ip/Hatchimals-HatchiBabies-Cheetree-Hatching-Egg-with-Interactive-Toy-Pet-Baby-Styles-May-Varyfor-Ages-5-andUp/811821102?wmlspartner=wlpa&selectedSellerId=2415&adid=22222222227000000000&wl0=&wl1=g&wl2=c&wl3=42423897272 &wl4=pla51320962143&wl5=9007779&wl6=&wl7=&wl8=&wl9=pla&wl10=115062328&wl11=online&wl12=811821102&veh=sem&gclid=CjwK CAjw2uf2BRBpEiwA31VZj8n08QjxWNu8L2Fetif0vv6TL2awWLwE65Aj7pueq5RJr7asDmYdyRoCs2AQAvD_BwE Toys with Bottles/Pacifiers Ages 3+ Page 13 of 20 Epoch_004129 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 92 of 110 IV. Toys with Bottles/Pacifiers f Under 3 1) Fisher-Price Little People Cuddle & Play Nursery23 Large bottle with a small figure. 2) Kidoozie Snug and Hug Baby Doll f Includes Removable Diaper and a Bottle f Ages 12 Months and Up24 23 https://www.fisher-price.com/en-us/product/little-people-cuddle-play-nursery-gkp70 https://www.kohls.com/product/prd-4212033/kidoozie-sweetie-doll.jsp?pfm=bdrecs-WebStore-PDP-Horizontal1-b1156299&bdrecsId=cd4ecb50-0069-454a-af85-d52d67f960c5 24 Toys with Bottles/Pacifiers Under 3 Page 14 of 20 Epoch_004130 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 93 of 110 3) Baby Stella, 12m+25 Magnetic, soft pacifier 25 https://www.amazon.com/Manhattan-Toy-Baby-StellaPeach/dp/B01C3I4UQ6/ref=sr_1_29?dchild=1&keywords=dolls+with+pacifier&qid=1596419185&sr=8-29 Toys with Bottles/Pacifiers Under 3 Page 15 of 20 Epoch_004131 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 94 of 110 4) Melissa & Doug Jenna - 12" Doll- 18m+26 26 https://www.amazon.com/Melissa-Doug-12-Inch-Included-WipeClean/dp/B0037UP9MY/ref=sr_1_25?dchild=1&keywords=dolls+with+pacifier&qid=1596419326&sr=8-25 Toys with Bottles/Pacifiers Under 3 Page 16 of 20 Epoch_004132 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 95 of 110 V. Toys with Removeable Clothing f Ages 3+ 1) Tiny Tukkins Doggy Preschool Playtime Playset and Baby 'n' Crib Set Blind Plush Mini Pack Bundle, 3+27 2) Lil Woodzeez 3) Liberty Imports Cute Lil Baby Doll Collection - Set of 6 Mini Infant All Vinyl Dolls for Girls with Cradle, High Chair, Walker, Swing, Bathtub and Infant Seat (5 inches Tall), 3+ 28 27 https://www.amazon.com/Tiny-Tukkins-Preschool-Playtime-Playset/dp/B07WQJNGCP https://www.amazon.com/Liberty-Imports-Collection-InfantBathtub/dp/B07L5YZSZJ/ref=sr_1_54?dchild=1&keywords=miniature+doll&qid=1596398645&sr=8-54 28 Toys with Removeable Clothing Ages 3+ Page 17 of 20 Epoch_004133 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 96 of 110 4) HABA 300519 Little Friends Feli Doll29 ;]ZZ` O_S O^^_]eW[OaSZf 1j aOZZ+ E\S O[Og]\ G$8 `aOaS` aVS T]ZZ]dW\U7 i@ ^b_QVO`SR T]_ [f granddaughter age 5. She loved it . . . girls like the changes this dolly goes through. It is sturdy enough for little fingers. I wouldn't ORcW`S O\f f]b\US_ W\ OUS+ JV]bUV UW_Z` a] OUS 5 d]bZR S\X]f Wa a]]+j 29 https://www.amazon.com/HABA-Little-Friends-FeliDollhouse/dp/B00U4T6V96?pf_rd_r=T1HERVGSB6S8HAQXWB9G&pf_rd_p=be25f964-4afb-442f-819e9e628b270a7c&pd_rd_r=cc12e28f-87fb-4151-a4d0b85e96aac562&pd_rd_w=z6O1u&pd_rd_wg=Zysn0&ref_=pd_gw_ci_mcx_mr_hp_d Toys with Removeable Clothing Ages 3+ Page 18 of 20 Epoch_004134 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 97 of 110 VI. Toys with Removeable Clothing f Under 3 1) Kidoozie Sweetie Doll, 12m+ 2. Dress-me Emily30 Kidoozie, Ages 18+ months 30 https://www.amazon.com/Kidoozie-G02395-Dress-Me-Emily/dp/B004RRLCZE/ref=cm_cr_arp_d_product_top?ie=UTF8 Toys with Removeable Clothing Under 3 Page 19 of 20 Epoch_004135 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 98 of 110 3. GUND April Springtime Dolly 13 Inch Plush Doll with Removable Bonnet and Dress, 12m+31 31 https://www.amazon.com/GUND-Easter-April-Spring-Dolly/dp/B00F4WM228/ref=asc_df_B00F4WM228/?tag=hyprod20&linkCode=df0&hvadid=311996018395&hvpos=&hvnetw=g&hvrand=11964851730801175033&hvpone=&hvptwo=&hvqmt=&hv dev=c&hvdvcmdl=&hvlocint=&hvlocphy=9007792&hvtargid=pla-569702226923&psc=1 Toys with Removeable Clothing Under 3 Page 20 of 20 Epoch_004136 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 99 of 110 Attachment 5: )5><7A )C<EE9CD I2G<@J 19ED1 Yellow Labrador Twins Hopscotch Rabbit Twins Picklewood Hedgehog Twins 1 These twin sets, found online, are sold by various retailers. Efforts were made to locate twin sets with bottle and pacifier and ride-on vehicle. 1 Epoch_004137 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 100 of 110 Toy Poodle Twins Ellwoods Elephant Twins Persian Cat Twins Chipmunk Twins 2 Epoch_004138 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 101 of 110 Wilder Panda Twins Cuddle Bear Twins Kangaroo Twins Sandy Cat Twins 3 Epoch_004139 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 102 of 110 Maple Cat Twins Hamster Twins 4 Epoch_004140 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 103 of 110 Attachment 6: Calico Critters Twin Sets with Pacifier and Bottle Accessory Consumer Reviews Mentioning User Age A total of 39 reviews of Calico Critters Twin Sets with the pacifier and bottle accessory were located in online searches of Google.com/shopping, Amazon.com, Walmart.com, and Influenster.com. The comments below are arranged in order of age, from youngest to oldest. Some reviewers mentioned that the toys are used by multiple children of different ages; these reviews are inserted into the youngest age group mentioned. 2 Years: Really cute. Really tiny. Expensive. Well made with soft velvet like fur material. Granddaughter 21/2 carries them all around the house, bottle too small for her to play with - choking hazard. https://www.amazon.com/gp/customerreviews/R17OTETP126RQW/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY I bought these for an almost 3-year-old, but decided to hold them back until she is older since the bottle and pacifier is SO TINY! They are adorable though, and the larger critters were a hit on Christmas. https://www.amazon.com/gp/customerreviews/R33T57C2BE8G15/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY 3 Years: The Calico Critters Wilder Panda Bears are just so cute. Very small, but then that is why they are so cute. My 3-year-old grandchild loved them. They even have a very small baby bottle to use with the bears. They are small, but knowing that going in, it is okay. She played long hours with them. I would buy them again. https://www.amazon.com/gp/customerreviews/R33K0EXOFEICLE/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY My 3.5-year-old loves Calico Critters (probably from all the commercial she sees at mama was house)! It usually keeps her busy, which is saying a lot bc j_\uj a busy body. These particular ones, she gets frustrated with because paci and bottle [feuk stay in. Not sure if they are meant to, but she wants them to - and is not a happy camper about it! https://www.walmart.com/ip/Calico-Critters-Wilder-Panda-Bear-Twins/51571564 I'm a big fan of the velvety soft little Calico Critters. While many of the dolls out there are super skinny girls that I'm not thrilled about (not 100% opposed to) these little guys allow for a more innocent play. They are a nice size for little hands, and surprisingly durable. Pros: The accessories impress me with quality. The tiny pacifier and bottle do not have sloppy paint jobs, plastic pieces 1 Epoch_004141 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 104 of 110 that haven't been trimmed off, or ridges from a mold that you might see elsewhere. While these things may not bother others, but it drives me nuts. The bottle and pacifier are made and painted like you would expect a nice toy to be. The BEST part about these and other baby Calico Critters are the design of the clothing. Whether it's elastic or tiny Velcro, the seams aren't coming apart, the Velcro isn't pulling off, and it's easy for my daughter to manipulate- despite it being so tiny! (fyi daughter received when 3, now is 4yrs old) She still plays with and enjoys them. Cons: Tiny tiny tiny. The little pacifier is scarcely the size of my fingernail on pinky finger. These little accessories will sink right into a plush rug or be swept up with pet hair easily. However, we have hardwood floors and no pets. My daughter does a pretty good job of picking up and the real little accessories get tossed in a special bin. We still have ours so it can done. https://www.amazon.com/gp/customerreviews/RSO8WPKGAQTI0/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG My granddaughter is three and loves miniature toys. She played with the calico critters for hours. Very cute to watch. She loved the little baby bottle and pacifier. https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA My 3 year old just loves these easy for her to care around Only problem bottle ad bink our a little small for so kids ad easy to loss https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA Super cute! The tiny pacifier and bottle are pretty small for a 3-year-old but my daughter still loves them. https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA Our 3-year-old loves Calico Critters and anything small! Good luck keeping the tiny pacifier and bottle without them getting lost! Hard to put on the clothes with adult fingers! Daughter loves the dogs! https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin +set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=7 46&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA I bought these for my three-year-old but even my seven year old loves to play with them. The pacifier was lost almost instantly. I wish it would have been attached, but still very cute and decent quality. 2 Epoch_004142 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 105 of 110 https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 4 Years: Very cute little bunnies. I'm only giving it 4 stars because the tiny pieces that come with the babies are difficult for a child to use. The pacifier and bottle are supposed to fit in the YXYpuj mouths but they are extremely tiny and fall out easily. My 4 yr old asks me to put them back in over and over and gets frustrated that they don't stay in the YXYpuj mouths. https://www.amazon.com/gp/customerreviews/R2QBRUG111LJUK/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG My daughter thinks these are the cutest! Heads turn but bodies are not posable. Bottle and paci are teeny tiny but do fit in the mouths. Got these for my 4-year-old and my 7 yr old has enjoyed them today as well. https://www.amazon.com/gp/customerreviews/R1NT1IC0HS47KG/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG These are adorable, but so tiny.... However, my granddaughter loves them. She is four years old, but has to be sure to keep away from her one year old brother due to the tiny pieces.... the pacifier & bottle. Now she is hooked on Calico Critters...very expensive but they show a lot of detail. https://www.amazon.com/gp/customerreviews/R1H8B99ZXQYEXO/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY These are so cute. Our 4-year-old loves playing with them in her dollhouse. We also purchased the bear family and the nursery furniture to go with it. I love that the pacifier and bottles work in their mouths! Very cute! https://www.amazon.com/gp/customerreviews/R1BWLIEMI1DI7X/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Adorable set of toys. The bottle and pacifier are super tiny. My 4-year-old loves them. https://www.amazon.com/gp/customerreviews/RB98D1R64YHIJ/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Adorable. intricate clothes, comes with tiny bottle and pacifier that can be put in the YXYpuj mouths. My 4-year-old loves these. https://www.amazon.com/gp/customerreviews/R1SZDLSZC0SV2N/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY I gave these to my 4-year-old daughter for Christmas and she loves them! The binky and bottle are darling! I love all the calico critters products I have purchased and would recommend these as well 3 Epoch_004143 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 106 of 110 to anyone! My daughter is now collecting them and she plays with them every day. Great product! https://www.amazon.com/gp/customerreviews/R23NO1G3GK2KZF/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG These yellow Labrador twins are so cute! They come with a baby bottle and a pacifier and their dflk_j _Xm\ X c`kkc\ _fc\ jf k_\p ZXe b\\g k_\ gXZ`]`\i `e fi s[i`ebt ]ifd k_\ Yfkkc\- Ip 3 p\Xi fc[ `j obsessed and wants the entire town. https://www.influenster.com/reviews/calico-critters-yellow-labrador-twins-1-ct Very cute little bunnies. I'm only giving it 4 stars because the tiny pieces that come with the babies are difficult for a child to use. The pacifier and bottle are supposed to fit in the babies mouths but they are extremely tiny and fall out easily. My 4 yr old asks me to put them back in over and over and gets frustrated that they don't stay in the babies mouths. https://www.amazon.com/gp/customerreviews/R2QBRUG111LJUK/ref=cm_cr_othr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG 5 Years: These little bunnies are pretty cute. Perfect for a 5yr old girl. They are simple, just the bunnies and a teeny tiny bottle and pacifier. https://www.amazon.com/gp/customerreviews/R275DOSAPSRNO9/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG Very cute and just what my almost 5 granddaughter wanted for her birthday. https://www.amazon.com/Sylvanian-Families-Persian-CatTwins/dp/B0104BL8M8/ref=cm_cr_arp_d_bdcrb_top?ie=UTF8#customerReviews Granddaughter was thrilled with calico critters baby bunnies and the nursery which is perfect for a 5 year old's role play. https://www.walmart.com/ip/Calico-Critters-Hopscotch-Rabbit-Twins/37463026 I bought my 5-year-old Calico Critters for her 5th birthday. I bought these twins along with the toy poodle family. This was my first CC purchase so I can't compare them to any other twin sets. They are adorable and came with a pacifier and bottle. My daughter loves putting them in the little strollers and dressing them up. The only issue I have with the twins in that the diaper/bloomers they come with fit very, very loosely and are always falling off and I wished they fit better. I don't know if this is just ours or all of them. Other than that, great quality, age appropriate toy! https://www.amazon.com/gp/customerreviews/R1YUC2AIN69SCF/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY I bought these for my granddaughter for her birthday because she has the Calico Critters house and several other of the animals. She loved these, especially the bottle and pacifier that came with 4 Epoch_004144 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 107 of 110 them. Now she wants the "mom and dad" to go with them! A big hit for our 5-year-old. https://www.amazon.com/gp/customerreviews/R1IF9ZYIB0VG28/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY My 5 yr old daughter chose to buy these with a gift card from Christmas. They are the cutest little animals ever!! She has enjoyed them even though she doesn't have any of the other calico critters. The only problem has been the tiny pacifier and bottle. We've had to be very careful not to lose them in our shag carpet and to keep them out of reach of our 1 yr old! https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin +set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=7 46&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 6 Years: These little guys are a very cute duo and fit in perfectly with the rest of the Maple cat family. They come with small accessories such as a small bottle which adds to their charm, but is also difficult for my daughter (6yo) to keep track of. https://www.amazon.com/gp/customerreviews/R1B3YGDO3DBH9X/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Very small. Lost the bottle and paci the minute the package was opened. So soft and sweet, my 6yr old loves Calico Critters. https://www.amazon.com/gp/customerreviews/R1Q6W937WID7KT/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY My 6 yr old granddaughter screamed with delight over these twins!! They are sooo cute! One with a pacifier and one with a bottle! https://www.amazon.com/gp/customerreviews/R9MNG5XEALNKH/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY These puppies come with pacifier and a bottle. My 6-year-old loves dressing them and feeding them. https://www.amazon.com/gp/customerreviews/R29SVQ0O2WJD79/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Super-duper adorable and fuzzy kitty's. Calico critter babies were #1 on my 6-year-old daughters Christmas list. These are cute and well made but buyers should know they are super tiny with super tiny bottle and binky. These are a choking hazard. I personally wouldn't recommend them for any child under 5 years old but the manufacturer says under 3 years old. I guess it depends on the maturity level of your child, just please be careful if buying for kids under 5 ' https://www.amazon.com/Calico-Critters-Persian-CatTwins/dp/B078J46YSH/ref=sr_1_6?dchild=1&keywords=calico+critters+twins&qid=1591928678&sr =8-6#customerReviews These are the cutest, comes with a pacifier and bottle that fits into the baby bunnies mouth. My granddaughters ages 6, 8, 9 and 11 love calico critters and they fit perfectly (unwrapped of course) 5 Epoch_004145 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 108 of 110 into a medium Easter egg for hunting. I purchased four different twins for my girls. https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 7 Years: My seven-year-old daughter loves the Calico Critters range of toys, especially since she is keen on making up stories and playing make believe. I purchased the Hopscotch Rabbit family for her and also got this twin babies set. The set comes with a pair of bunny babies - a boy and a girl. They are really super cute and have on a blue diaper and a pink diaper. In addition, this set also comes with a pacifier and a bottle. The pacifier can actually be stuck into the mouth of the bunnies. The Calico Critters range of toys is really cute and detailed enough to keep even older children entertained. https://www.amazon.com/gp/customerreviews/R3IQU8TOUC7GHT/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG I might have bought these for myself more than my 7-year-old. The Hazelnut Chipmunk twins are SOOOO cute! I bought these for my 7-year-old daughter's birthday. She squealed when she opened them. The bottle and pacifier stay in their mouths. The little arms and legs move. I am happy with this purchase. The pieces are tiny. I would definitely follow the age requirements on the box. https://www.amazon.com/gp/customerreviews/R1XIX13QBV5RJM/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY My seven-year-old daughter loves the Calico Critters range of toys, especially since she is keen on making up stories and playing make believe. I purchased the Hopscotch Rabbit family for her and also got this twin babies set. The set comes with a pair of bunny babies - a boy and a girl. They are really super cute and have on a blue diaper and a pink diaper. In addition this set also comes with a pacifier and a bottle. The pacifier can actually be stuck into the mouth of the bunnies. The Calico Critters range of toys is really cute and detailed enough to keep even older children entertained. https://www.amazon.com/gp/customerreviews/R3IQU8TOUC7GHT/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B0012BSNJG 8 Years and Older: My 8yr old daughter loves these critters and she has a lot more of the family. https://www.walmart.com/ip/Calico-Critters-Sandy-Cat-Twins/51571590 Ordered these for my 8-year-old for her birthday. She absolutely loves them!! But they are small and the pacifier and bottle are super small pieces. But the package and contents were in excellent condition. Will buy her more. https://www.amazon.com/gp/customerreviews/R3BF9F0J5LCBL2/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY 6 Epoch_004146 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 109 of 110 These are the cutest. My 8-year-old niece requested these specifically for her birthday. She was particularly charmed by the tiny pacifier and bottle. The twin panda babies were immediately "adopted" into her calico critter world. Teeny tiny accessories. Definitely not for little ones who still put things in their mouth. https://www.amazon.com/gp/customerreviews/R24N0SICQZXAMO/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY We love Calico Critters and the Hopscotch rabbit twins are just as soft and adorable as any of them. My daughter (9YO) loves the bottle and binkie that comes with them and actually stays in their mouths! https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin +set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=7 46&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA I had a family of calico critters when I was a little girl, so I was super thrilled to see one of my daughters interested in them. This is the first set my (soon to be 13 yr old) daughter has gotten. Both Honey and Hopscotch are ADORABLE! They are fuzzy and little (about the size of the Littlest Pet Shop pets~the parents are bigger). There was a tiny bottle and a pacifier in the box with the bunnies. The bottle stays in the mouth better than the pacifier, but still they are really cute. My daughter is a Littlest Pet Shop fanatic, so I thought I'd see if she wanted to start collecting calico critters. I don't think I'd purchase this set for a smaller child since the pieces are tiny and easily lost. I think 6+ is more of a realistic age unless you have a super responsible child who won't loose the little pieces and clothes. https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+twin+ set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=1582&bih=74 6&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA Adult Collectors: A good number of consumer reviews indicate that the Calico Critters are purchased for the adult collector. Some examples are shown below. These are stinking adorable. I bought them for my 21 yr old daughter, along with a few other sets. She just likes them on display and doesn't actually play with them of course. As such, I can't really speak on how they hold up to long term play. They truly are adorable though. https://www.amazon.com/Calico-Critters-Ellwoods-Elephant-Twins/productreviews/B002RCFTLY/ref=cm_cr_getr_d_paging_btm_next_8?ie=UTF8&reviewerType=all_rev iews&pageNumber=8&filterByKeyword=bottle 7 Epoch_004147 Case 1:19-cv-00933-JB-SCY Document 121-9 Filed 01/15/21 Page 110 of 110 =Yjfclk\cp X[fiXYc\ c`kkc\ Zi`kk\ij- Eud jf `e cfm\ Xe[ k_\pui\ ^f`e^ `ekf dp Zfcc\Zk`fe- Hfm\ k_\`i little feeding bottle and pacifier. https://www.amazon.com/gp/customerreviews/R3CXWGL9VYLAYV/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY These are some pretty cute kittens. The reason why I have four stars instead of five is because k_\ gXZ`]`\i n`cc ]Xcc flk+ Ylk `k ]`kj `] pfl [feuk dfm\ `k- Bfi k_\ bottle+ `k ZXeuk i\Xccp jkXp.jk`Zb `e k_\`i dflk_+ n_`Z_ jlZbj- P_\j\ Xi\ gi\kkp jdXcc jf Y\ ZXi\]lc- =cc `e Xcc+ `kus a cute product, and you should consider adding it to your collection. https://www.amazon.com/gp/customerreviews/R11YLI83TF3T8Z/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Very cute little bears for our calico play area. I love calico critters. These bears are so adorable and come with the little miniature clothes and feeding bottle. Great addition to our collection. https://www.amazon.com/gp/customerreviews/RJ65A8P3XXABS/ref=cm_cr_arp_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY Bought these at my local store because Eud a fan of anything panda related they are soo cute and fuzzy!! If you're going to buy them for a littler child take into consideration that these pandas do come with a small pacifier and bottle and they could get lost real easily. But since i bought mine to basically sit on a shelf I nfeuk have to worry about that. They are a little pricy but Who says a little bit bigger kid ZXeuk have cute toys too :) https://www.amazon.com/gp/customerreviews/RU5MRF6NHEW31/ref=cm_cr_getr_d_rvw_ttl?ie=UTF8&ASIN=B002RCFTLY These are adorable figures. Great for kids and collectors. I bought these and the family pack and they go so well together. The little bottle and pacifier are adorable. https://www.google.com/shopping/product/1107908162582760787/reviews?q=calico+critters+t win+set+review&sxsrf=ALeKk02yACv74gc2vHnGiLnzOxrqbh89Yw:1593991751423&biw=158 2&bih=746&sa=X&ved=0ahUKEwjj5vaTorfqAhWkgnIEHQdxAYYQqSQIRA 8 Epoch_004148

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.