‘Esther’s Law,’ Banning the Sale of Water Beads, Introduced in the Senate
The bipartisan bill is named after a 10-month-old baby who died last summer
A bipartisan group of Senators introduced a new bill this week to prohibit the sale of water beads for use by children. The bill is named “Esther’s Law” after a child whose story exemplifies their risks.
Water beads are superabsorbent balls that start out tiny but grow dramatically in water, and have been marketed as “sensory toys” for years. But as a Consumer Reports investigation in September 2023 detailed, water beads can be incredibly harmful and even deadly to children who accidentally inhale or ingest them. Water beads look like candy, and can be very easy to lose track of in the home, even with close parental supervision. They often don’t show up on an X-ray, making diagnoses difficult in the medical emergencies they cause.
Data from the Consumer Product Safety Commission show that nearly 7,000 water-bead-related ingestion injuries were treated in emergency departments in the U.S. from 2018 through 2022, and they can also contain toxic ingredients that may have long-lasting health effects.
Become a Consumer Reports Marketplace Watchdog
Help us monitor online marketplaces for unsafe products like water beads.
Last November, after persistent advocacy by affected parents and consumer safety groups, Rep. Frank Pallone Jr., D.-N.J., introduced the Ban Water Beads Act in the House of Representatives.
The Senate bill has a wider scope than the House version; it prohibits the sale of water beads as toys, educational materials, and art materials, but goes further by banning their sale as sensory tools as well. It also directs the CPSC to more strictly regulate warning labels on (and the kid-attracting colors of) water beads that are still being sold for other purposes—such as vase and centerpiece fillers.
“Parents buy toys and educational materials for their kids with the understanding that those products are safe for their children,” wrote Sen. Baldwin in a press release. “Sadly, with water beads that is just not the case. We need to do more to prevent kids from ingesting these dangerous products and give parents the confidence they deserve that the toys they buy are safe.”
Gabe Knight, safety policy analyst at CR, says, “This bill is a crucial step toward preventing future tragedies. With bipartisan backing and strong support from parents, consumer advocates, and retailers, Esther’s Law should be passed without delay."
Esther’s Law also has the support of several major retailers and online platforms that had previously sold water beads but stopped last year in response to mounting pressure. Amazon, Etsy, Michaels, Target, and Walmart are among the supporters.
