Important! Should the CPSC Ban Adult Desk Top Toys That Might Harm Children
From Gifts and Dec
"Three years ago, two pals from Brooklyn came up with the idea of creating a desktop toy out of powerful magnets. Their creation, Buckyballs, became an instant hit. And by this year, the two - Craig Zucker and Jake Bronstein - had expected annual sales to reach about $25 million...Though the product is marketed to adults and festooned with warning labels, regulators have moved to stop sales because children keep swallowing Buckyballs and similar products made by others."
The above quote is from a New York Times article by Andrew Martin entitled, "For Buckyballs Toys, Child Safety Is a Growing Issue." The question it raises is this: Should a toy, meant for adult use, be pulled off the market because children might misuse it? That's the question that Bucky Balls, a company that makes magnetic desk top toys for adults, is facing.
As we are all only too aware, the toy industry experienced major recalls and a safety disaster when in 2006 it was discovered that rare earth magnet construction toys were coming apart, allowing children to swallow the components. The magnets, when ingested, are so strong that they can cause the intestines to adhere and create blockages; the result being visits to the hospital and even death.
The toy companies in question changed the way the products were engineered and the issue was put to rest...at least at the time. Now, the CPSC sees such a risk from rare earth magnets in adult toys that it has issued an administrative complaint. As the article puts it:
"[The] administrative complaint filed last month by the Consumer Product Safety Commission seeks to require the company...to tell the public about the problem and offer customers a refund. The safety commission also asked 12 other manufacturers of rare-earth magnets to voluntarily recall their products and stop sales; 11 have complied."
Recourse to an "administrative complaint," forcing a company to recall products is, according to the article, rare. The case will be brought before an administrative law judge.
The safety commission and consumer advocates maintain that the ban is warranted because rare-earth magnets are irresistible to children, even if the packaging says the toys are intended for adults. In the past, the commission has banned toys that it deemed too dangerous, like lawn darts
Since 2009, the CPSC reports 1700 cases of children visiting emergency rooms due to the swallowing of rare earth magnets. According to the article, the number of Bucky Ball related incidents is unknown.
We all want children to be safe but this issue does raise some serious questions about the free market::
•When is a product so dangerous for children that it deserves to essentially be banned?
•What other consumer products can potentially be removed from the market for the same reasons?
•How effective are "adults only" warnings?
•When does parental obligation to create a safe home environment enter the discussion?
•Why are Buckyballs being asked to recall the products when, at least according to the article, we don't know how many of the 1700 CPSC cases were due to Buckyballs?
Zucker points out that "... the safety commission has not banned many other products that cause far more injuries, and even deaths, to children, including all-terrain vehicles, button-cell batteries and window blinds." Not to mention fireworks, matches and bug poison.
So, where and how do we draw the line? What do you think?
Lijo commented:
As you know, the holiday snhppiog season kicked off last Friday, the day after Thanksgiving. And, Consumer Union Safe Shoppers hit the streets. We kicked off our 12 Days of Safe Shopping by holding four simultaneous events in Chicago, Minneapolis, Boston and New York. ()On the 12th day of Safe Shopping CU will be holding a huge event downtown San Francisco. If you would like to join us, email me, Morgan, (jindmo@consumer.org)!Or hold your own event! We have small groups of concerned shoppers all over the country receiving Safe Shopper kits (tee-shirts, stickers, coupon books and our 12 safety tips).In Montana, a local group, the Montana Mamas, is holding an event at a local meeting place, moms, dads and other concerned shoppers will come out and get stickers, coupons, tee-shirts and our 12 safe shopper tips.Would you like to organize an event like them? All you have to do is tell me the details and I will FedEx you a kit for your event. Even if it is getting a group of friends together to go to a local mall, or to hand out at your work or at a house party just let me know (jindmo@consumer.org). The kit is completely free and we will keep giving them out as long as we have materials. All we ask is that you snap a few photos and let us know how it went!
Deliverance commented:
So true. Honesty and everything rceogneizd.
Lenny commented:
The ignorant parents are culpable in exposing children to rare-earth magnets and enabling the ingestion. Unfortunately, the CPSC prefers censorship to education. Anybody who's ever used magnetic balls knows they encourage an interest in science and mathematics, but apparently we can't have that curiosity in America.
Wyrdless commented:
""Call me crazy but I'd really like to see a common sense approach where my kids are just as protected as European or Canadian kids.""
If you have kids don't buy them. problem solved.
""What benefit do small magnets really offer anyone?""
If you don't like them. Don't buy them.
Stop telling me what to do! The control freaks of the world have taken over as they always do. Freedom is more important than 12 injured kids.
If you want to REALLY keep people safe, mandate everyone to wear safety helmets. The governemnt has too much of my money and WAY too much time.
You control freaks make me sick!
jmf commented:
This is unbelievable. No one can enforce parental supervision but where is the common sense to this. We cannot prevent all accidents.
Rod commented:
I have this to offer directly from CPSC related to something much more sinister...household chemicals. NOTICE: no ban mentioned only "awareness and action".
March 18, 2009 WASHINGTON, D.C. - Each year, unintentional poisonings from consumer products commonly found in the home kill about 30,000 children and prompt more than 2 million calls to the nation's poison control centers. More than 90% of these calls involve poisonings in the home. On average, each year an estimated 80,000 children are treated in hospital emergency departments for unintentional poisonings.
This year’s 48th observance of National Poison Prevention Week, which is March 15-21, aims to help prevent those childhood poisonings. As one of the longest running public health campaigns, National Poison Prevention Week has contributed to the more than 80% reduction in the number of deaths related to poisonings (down from 216 in 1972). While there has been a significant decrease in deaths, studies show that unintentional child poisonings still remain a serious concern.
Children younger than age 5 account for the majority of the non-fatal poisonings. A recent review conducted by U.S. Consumer Product Safety Commission staff found that 70% of poisonings involve children 1 to 2 years of age. Oral prescription drugs, non-prescription drugs and supplements were involved in more than half of the incidents.
“Awareness and action are the keys to preventing unintentional poisonings,” said CPSC Acting Chairman Nancy Nord. “Children act fast. So do poisons. That’s why we urge parents, grandparents and caregivers to have layers of poison prevention protection in the home.”
CPSC recommends that parents and caregivers immediately take these three steps. First, keep medicines and household chemicals in their original, child-resistant containers. Second, store the potentially hazardous substances up and out of a child’s sight and reach. And lastly, keep the National toll-free poison control center telephone number, 800-222-1222, handy in case of a poison emergency.
PG commented:
I agree completely with the first commenter, and even support his/her sardonic tone. This is truly an injustice to not only Bucky Balls, a small and responsible company, but everyone who is actually responsible enough to enjoy them (me included).
Interestingly enough, Bucky Balls indicates that there have been over 2.5 million sets sold, and while even one injury is disconcerting, the reported 1700 cases represents 0.07% of the products sold. That tells me that 99.93% of the people who own them, 2,498,300 set owners, are responsible adults who handle the product properly. This begs the question ... what were the other 0.07% thinking?
Richard, you don't mention "Parents" until your fourth point ... I would put at #1. Nobody is talking about parental responsibility! It's sickening. I've seen news stories about children who have swallowed the magnets, and when the parents are interviewed, they are made to look like victims! Seriously? My first inclination when seeing the coverage was to call Child Protective Services! It irks me to no end. Of course I want my children and those of other parents to be safe, which is why I monitor play with my kids and assure they have a safe environment in which to enjoy their time. If my kid trips on a Lego and bumps her head, I don't sue Lego or cry fowl on television ... I'd be too embarrassed.
The CSPC's job should be to protect us from the dangers that we are unable to control, such as the quality and safety of materials and manufacturing that go into our toys and games, not provide a fall back to irresponsible parents. If you disagree with me, and agree with the suit by the CSPC and the court ruling, I urge you to lobby for the banning of matches (96,000 deaths from burns), couches and chairs (47,000 deaths from falling) and all drugs and medications (45,000 deaths from poisoning). Then, do us all a favor, and go after guns (174 accidental deaths from firearms in 2000). Yeah, that affects some of you ... so probably don't want to do that.
Cheri commented:
Magnets can be found on those mini chip bag clips so they can be stored on the fridge when not in use. Only problem is I have several of those magnets on my fridge (used to hold pictures and such) that have come unglued from their clip. Should magnetic mini clips be outlawed too? What about those magnetic push pin replacements for use on white boards?
There is a point at which personal and parental responsibility have to win the day. Being a parent isn't bringing a child into this world and then letting them run amok. Being a parent means loving them and taking that child and teaching them skills to survive this world. Sometimes that includes the word "no". It also means being personally responsible for not letting them experience dangerous things a) alone and b) until they are ready.
You can bet that when my toddler nephew is around the magnets will be out of his reach.
know the facts commented:
Not Impressed - It might serve you well to understand the facts before you start comparing magnets to ball bearings. Eat all the ball bearings you want - and you might end up with a stomach ache at the most. Eat TWO magnets and you could end up having surgery and might be on a colonoscopy bag the rest of your life. BIG difference! Plus, ball bearings has a viable purpose other than being a "toy" to play with. What benefit do small magnets really offer anyone?
Yes I Actually Work in Industry... commented:
As a person coming from a career based in the corporate world where product safety is my full-time job...
We are the last developed country on the planet to ban these magnets. Buckyballs have been banned in other major markets for years. It's not about stifling innovation or business. It's about corporate responsibility.
Does it make sense to ban strong magnet products intended for adults? Probably not. However, certainly when it comes to products where children are likely to come into contact with small, strong magnets like buckyballs, warning labels are not enough.
Call me crazy but I'd really like to see a common sense approach where my kids are just as protected as European or Canadian kids.
Ed commented:
It should also be pointed out that a number of the "11 (who) complied" who responded to the Times interview voluntarily pulled their product from the US market only because (in their words) "we aren't in a position to financially participate in establishing a legal ruling. We'll let the big guys slug it out and determine what labeling, packaging etc. they determine as the new standard and take it from there..."
Ed commented:
It should also be pointed out that a number of the "11 (who) complied" who responded to the Times interview voluntarily pulled their product from the US market only because (in their words) "we aren't in a position to financially participate in establishing a legal ruling. We'll let the big guys slug it out and determine what labeling, packaging etc. they determine as the new standard and take it from there..."
Not Impressed By Lack of Common Sense commented:
Please, for the sake of all mankind, let's ban pills. Apparently children are eating them and getting sick, or at least there is a potential for this, despite the safety caps (dropped under furniture and such.) Also please ban all toys and non-toy products containing ball bearings, as it's possible for them to fall out of their placements and children may eat them. Another good lot of items to ban is anything in the existence of creation, which happens to be small enough for ingestion. This would include bottle caps, pogs, marbles, jacks, bullets, etc. A child may accidentally ingest these while their parents or guardians are not watching. In fact, let's ban everything altogether, because let's face it: anything can be dangerous when used inappropriately and someone might get hurt. Is this really necessary? I don't like kids getting hurt any more than the next person (I presume other people don't like kids to be hurt,) but there has to be an accountability for the adults supposedly watching children. The blame does not entirely lie with the companies who already say "Don't Allow This!" (I say not entirely, because maybe there could potentially be improvements to the warnings and reasonable safety features of something.) Also the insanity needs to stop before we come to putting rubber caps onto the writing ends of our pencils (while attempting to write) which will have become 6 inches thick, because someone may get poked or try to put the pencil into an ear... oh wait, now the pencil is as heavy as a club--take it away from that kid!
