CPSC Sues Maxfield & Oberton over Hazardous Buckyballs and Buckycube Toys
In an effort to prevent children from suffering further harm, the U.S. Consumer Product Safety Commission (CPSC) filed an administrative complaint today against Maxfield & Oberton Holdings LLC, of New York, New York, alleging that Buckyballs and Buckycubes contain defects in product design, packaging, warnings and instructions that pose a substantial risk of injury to the public.
The Commission voted 3-1 to approve the filing of the complaint, which seeks, among other things, an order that the firm stops selling Buckyballs and Buckycubes, notify the public of the defect, and offer all consumers that purchased the products a full refund.
In response to a request from CPSC, a number of retailers nationwide have voluntarily agreed to stop selling Buckyballs, Buckycubes, and similar products manufactured by other companies. CPSC called upon these retailers to cease distribution of high-powered, manipulative magnetic products after dozens of young children and teenagers swallowed multiple magnets, which connected inside their gastrointestinal tracts and caused internal injuries requiring surgery.
The online marketplace eBay has also agreed to implement steps to remove listings by sellers for these items.
The Commission filed the administrative complaint against Maxfield & Oberton after discussions with the company and its representatives failed to result in a voluntary recall plan that CPSC staff considered to be adequate. This type of legal action against a company is rare, as this is only the second administrative complaint filed by CPSC in the past 11 years.
In May 2010, CPSC and Maxfield & Oberton announced a cooperative recall of about 175,000 Buckyball high powered magnets sets, because they were labeled 'Ages 13+' and did not meet the federal mandatory toy standard, F963-08. The standard requires that such powerful loose as received magnets not be sold for children younger than 14.
The Buckyballs and Buckycubes sets contain up to 216 powerful rare earth magnets.
At the time of the 2010 recall, Maxfield & Oberton was aware of two reports of children swallowing one or more magnets without injury. Subsequent to the recall, CPSC continued to receive reports of children ingesting the product and learned of incidents in which children had suffered injuries when the magnets attracted to each other through the victim's gastrointestinal tract.
Since 2009, CPSC has learned of more than two dozen ingestion incidents, with at least one dozen involving Buckyballs. Surgery was required in many of incidents. The Commission alleges in its complaint that it has concluded that despite the attempts to warn purchasers, warnings and education are ineffective and cannot prevent injuries and incidents with these rare earth magnets.
CPSC has received reports of toddlers finding loose magnets left within reach and placing them in their mouths. It can be extremely difficult for a parent to tell if any of the tiny magnets are missing from a set. In some of the reported incidents, toddlers have accessed loose magnets left on a refrigerator and other parts of the home.
When two or more magnets are swallowed, they can attract to one another through the stomach and intestinal walls, resulting in serious injuries, such as holes in the stomach and intestines, intestinal blockage, blood poisoning and possibly death. Medical professionals may not diagnose the need for immediate medical intervention in such cases, resulting in worsening of the injuries.
Due to the number of ingestion incidents received since the 2010 recall announcement and 2011 safety alert, CPSC seeks the remedies outlined in the complaint to stop further incidents and injuries to children.