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Poland: Scientific paper says laser toy is misclassified, 4x legally required power

A paper published online March 24 2021 describes a laser aiming device on a plastic toy rifle intended for children. It had a red laser and a blue LED. The paper does not state whether there is any type of required laser labeling on the device. However, no laser warning label or classification label is seen in the paper's only photo of the device:

Laser aimer sight toy rifle classification squashed

The paper examined the red laser's output and found it was 1.7 milliwatts. This is four times the Class 1 limit of <0.39 mW, and is 1.7 times the Class 2 limit of <1 mW. The laser should have been classified as Class 3R (<5 mW limit).

The author notes that according to the European standard EN 62115:2020, and guidance from Public Health England, laser toys should be Class 1. At four times the Class 1 limit, this toy's "radiation may be hazardous, especially when looking into the beam for long periods."

From Mlynczak, Jaroslaw. "Laser toys fail to comply with safety standards – case study based on laser product classification" Advanced Optical Technologies , no. (2021). https://doi.org/10.1515/aot-2020-0072

COMMENTARY FROM LASERPOINTERSAFETY.COM

We do not dispute Mlynczak's technical findings. However, there are some misleading or false statements in the paper that we would like to address.

  • An erroneous title; it should be "Laser toy fails to comply…" The case study is not about "toys" plural. It covers only one sample of one toy rifle which had a laser aiming device that was found to be misclassified.
  • Stating that the toy laser's output power (1.7 mW) is illegal, when it may have been legal or close to legal (within 0.7 mW) at time of sale.
  • Calling the laser's light output "radiation" 14 times and never using the more precise term "light," thus giving a misleading impression the hazard might be similar to that of X-radiation or nuclear radiation.
  • Stating without any proof or reference that children "will usually try to look directly into the laser beam."
  • Stating without any proof or reference that children "could have temporary disturbances of vision… lead[ing] to a tragedy."
  • Stating without any proof or reference that there is such a thing as "hypersensitivity to laser radiation."
  • Stating without any proof or reference that "the described laser toy… [is] easily available and [is] still sold as toys in many European states."
  • Listing in the References studies claiming laser "toy" injuries, which actually were from standard, non-toy laser pointers.

Details are below:

Click to read more...

Switzerland: Laser pointers above Class 1 banned as of June 1 2019

Switzerland has banned selling, distributing, importing, or giving away laser pointers above Class 1, as of June 1 2019.

As of June 2019, this is the most restrictive laser pointer law of any major country; Class 2 pointers (up to 1 milliwatt) are legal in most countries, and Class 3R pointers (up to 5 milliwatts) are legal in the U.S.

Travelers should note that laser pointers and "hybrid devices" above Class 1 that are being transported into or through Switzerland can be confiscated before entering Swiss borders. For example, a wireless mouse used for PowerPoint presentations, such as the one shown below could be confiscated if it contains a laser above Class 1.



The Swiss ban applies to all laser classes above Class 1 (1M, 1C, 2, II, 2M, 3a, IIIa, 3R, 3B, IIIb, 4 and IV) as well as pointers with no labels or markings. These are all defined as "dangerous pointers" by the Swiss Federal Office of Public Health.

Persons in Switzerland who currently possess "dangerous pointers" except for Class 2 must cease to use them beginning on June 1 2019, and must dispose of them as electrical waste before June 1 2020.

Persons possessing Class 2 pointers can use them indoors only for presentations until June 1 2021, by which time they must be disposed of as electrical waste.

"Laser pointer" is defined as "a hand-held laser that can be used to point to things, for amusement (as a toy or in hobbies), to scare off animals or drive away other people."

More information appears below.

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Switzerland: Class 1 limit (0.39 mW) on sale, possession of laser pointers is proposed

The Swiss Federal Office of Public Health on August 6 2018 issued a Draft Ordinance to the Federal Act on Protection Against Hazards Arising from Non-Ionising Radiation and Sound (O-NIRSA). This will prohibit the import, transit, supply and possession of laser pointers above Class 1 (0.39 milliwatt). The prohibition includes laser pointers of Class 1M, 2, 2M, 3R, 3B or 4.

According to FOPH, “An increasing number of laser pointers has been placed on the market that pose a danger to human health and to pilots or locomotive drivers. In order to avoid both dangerous glare and direct eye damage in the future, only class 1 lasers pointers will be allowed to be placed on the market.”

Comments are requested by October 5 2018. The proposed date of adoption is March 1 2019, and the proposed date of entry into force is January 1 2020.

The O-NIRSA draft ordinance is available in German, French and Italian. The current Federal Act on Protection Against Hazards Arising from Non-Ionising Radiation and Sound (NIRSA) is available in German, French (no link), Italian (no link) and English.

We were not able to find a link for the submission of comments; you may want to check with the Swiss Federal Office of Public Health (FOPH) and/or the Swiss Association for Standardization (SNV).

From an item in the August 2018 ESTA Standards Watch

Commentary from LaserPointerSafety.com: If adopted, a Class 1 limit would be the strictest in the world. There are many countries that have a Class 2 (1 milliwatt) limit on laser pointers, and some that have a slightly higher Class 3R limit (5 milliwatts).

For red laser pointers, Class 1 would make them barely visible under normal classroom or presentation scenarios. Because green light appears brighter to the human eye, a Class 1 laser pointer may be acceptable. However, LaserPointerSafety.com has never seen a Class 1 laser pointer.

US: FDA issues warning about laser toys

On November 24 2017, the U.S. Food and Drug Administration issued a “Consumer Update” warning of the dangers of laser toys.

FDA gave these examples of laser toys:
  • Lasers mounted on toy guns that can be used for “aiming”;
  • Spinning tops that project laser beams while they spin;
  • Hand-held lasers used during play as “light sabers”; and
  • Lasers intended for entertainment that create optical effects in an open room.

According to the Consumer Update, “Toys with lasers are of particular interest to the FDA because children can be injured by these products. Because they are marketed as toys, parents and kids alike may believe they’re safe to use.”

The FDA had tips for safe use, including:
  • Do not aim at persons or animals
  • Do not aim at any vehicle, aircraft or shiny surface; or persons playing sports
  • Children’s toy lasers should be Class I.
  • Children should not be allowed to own or use laser pointers. Pointers are not toys.
  • Do not buy or use any laser that emits more than 5 milliwatts.
  • See a health care professional in case of a known or suspected laser eye injury.

The FDA’s health warning was referenced in numerous news and publication sources over the 2017 holiday season.

From the FDA Consumer Update, “Laser Toys: How to Keep Kids Safe”. FDA also linked to a 2015 FDA YouTube video on laser pointer safety.

For background, LaserPointerSafety.com has a series of webpages about laser toys which begin with a summary
here.

US: Think Geek introduces toy shark with frickin' laser on its head

A toy shark with a Class 1 (less than 1 milliwatt) laser pointer attached to its head has been developed and marketed by Think Geek. The $15 novelty item was introduced around August 8 2013 by the Internet retailer of gadgets, toys, t-shirts and other items for “geeks”. Because the laser is Class 1, it appears to comply with the FDA’s proposed new guidelines for children’s toy laser products.

Think Geek shark with laser pointer


The gadget references the Austin Powers spy spoof movies. In 1997’s International Man of Mystery, the character Dr. Evil asks for “frickin’ sharks with frickin’ laser beams attached to their heads.” In 2002’s Goldmember, his son Scott actually develops the sharks:

Pic 2013-08-08 at 5.59.41 PM

From Think Geek by way of Gizmodo. See also our May 2012 story about a laser pointer attached to a (real) shark’s fin, done for publicity purposes.