The power output of laser pointers: do they exceed federal standards?

Background: Concern about the safety of laser pointers has increased as these devices have become readily available to the public, which includes children who may use them improperly. According to federal (Food and Drug Administration) standards, laser pointers are class 3a devices, and power output cannot exceed 5.0 mW.
Methods: We tested a sample consisting of 29 red diode laser pointers obtained from various sources that were equipped with fresh batteries. Power output was measured with an optical power meter with the sensor 5.0 cm from the laser. The laser was turned on for 60 s and a reading was taken every 10 s. This procedure was repeated five times for every laser.
Results: The power output of unaltered lasers ranged from 0.7 mW to a high of 3.9 mW. Alterations to some of the lasers increased the output slightly above 5.0 mW.
Conclusions: When the laser pointers in our sample were used as packaged, they did not exceed the federal standards of 5.0 mW.