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April 22 Consumer advocates proclaim: What were they waiting for? It's about time! It can't bring back the life of the boy who died, or take away the surgeries and pain that dozens of other children suffered from the imperfectly designed toys, but it provides some sense of government justice. April 14, 2009: read the official CPSC news release: The U.S. Consumer Product Safety Commission (CPSC) announced today that Mega Brands America Inc., of Livingston, N.J., formerly Rose Art Industries Inc., has agreed (PDF) to pay a $1.1 million civil penalty. The penalty, which the Commission has provisionally accepted, settles allegations that Mega Brands America and Rose Art failed to provide the government with timely information about dangers to children with Magnetix magnetic building sets, as required under federal law. In December of 2005, Rose Art filed an “initial report” with CPSC that a 22-month-old child from Washington state had died, due to ingesting multiple magnets that fell out of pieces from a Magnetix set. The report contained no other product or incident information and Rose Art attributed the magnets falling out to unusually abusive play by the toddler’s older siblings. On February 1, 2006, Rose Art submitted a Full Report which again lacked incident and product information. Rose Art stated that it did not retain any complaint or incident records. On March 31, 2006, Rose Art voluntarily recalled nearly 4 million Magnetix sets for users under the age of 6. After discovering documents which led CPSC staff to believe Rose Art had compiled incident information, a subpoena was issued to the firm (which had been renamed Mega Brands America and was under new ownership and control) to obtain product and incident information. CPSC learned through the subpoena that at the time Rose Art filed its “initial report” in December 2005, it had received over 1,100 consumer complaints that magnets had fallen out of plastic pieces from dozens of different Magnetix models. Additionally, the subpoena revealed that Rose Art had received at least one report of an injury due to magnet ingestion, prior to the toddler’s death in Washington state. By the time Rose Art agreed to the recall of Magnetix in March 2006, the firm had received more than 1,500 complaints of magnets falling out of plastic pieces in more than 65 different models of Magnetix. In April 2007, Mega Brands America expanded the recall of Magnetix sets for users of any age, after more than 25 children suffered intestinal injuries that required surgery to remove the magnets. Federal law requires firms to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or violates any consumer product safety rule, or any other rule, regulation, standard, or ban enforced by CPSC. In agreeing to settle this matter, Mega Brands America and its parent, Mega Brands Inc., of Montreal, Canada contend that 1) Mega Brands Inc. did not know of the Magnetix defect at the time it acquired Rose Art and 2) Rose Art’s prior owners never advised Mega Brands Inc. of the problems of associated with Magnetix. CPSC strongly encourages consumers to check (PDF) to see if they have any of the recalled building sets and return them to Mega Brands for a free replacement toy - potentially millions of recalled units remain in homes today and accessible to young children. CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx Writer David Lazarus of the Los Angeles Times offers his opinion: Delays in product recalls tempt tragedy Regulators may know about safety issues, but getting the information out of them is difficult. Canada's Mega Brands Inc., maker of Mega Blox and other popular playthings, agreed to pay a civil penalty of $1.1 million last week in connection with a defective toy that caused the death of a toddler in November 2005 and intestinal injuries in 25 others. Mega Brands didn't actually own the company that made the toy until after the toddler was killed, yet it was legally on the hook for some of the problems. The case highlights the difficulty that companies and consumers face in obtaining accurate and up-to-date safety data from federal regulators. Simply put, it's too hard to find out in a timely manner whether a product poses a danger to users. And, shamefully, it's often not until someone dies before steps are taken to remove that product from store shelves -- a process that can take months. The Mega Brands settlement centered on Magnetix play sets. The sets had powerful magnets that, if ingested, could tear through a child's intestines. They were originally manufactured by Rose Art Industries Inc., which was acquired by Mega Brands for $315 million in early 2006. While Mega Brands says it didn't know about problems with Magnetix sets while it was vetting Rose Art for purchase in 2005, Rose Art says it disclosed all relevant information. The two companies are duking it out in court over who knew what and when. Regardless of which side is telling the truth, the bottom line is that it should be easier for interested parties to find out whether there are safety issues with a firm's products. It's not clear whether Mega Brands sought to independently check out Rose Art's safety track record by getting in touch with the Consumer Product Safety Commission; neither the company nor the commission kept full records of every contact. But even if the firm had made a point of seeking federal safety data, Mega Brands would have had a tough time prying information from the commission. It turns out that a company or consumer can't just call up and ask the agency to search its database for a specific product or manufacturer. Rather, a request would have to be filed under the Freedom of Information Act and months could pass before a response might be offered. Joe Martyak, the commission's chief of staff, acknowledged that this isn't the most efficient way of providing access to the agency's vast storehouse of safety data. "Our databases aren't set up for doing it any other way," he said. But still, what if Mega Brands had followed that procedure? According to Martyak, the company would have learned that the commission had received at least two complaints from consumers -- in 2004 and early 2005 -- about magnets becoming dislodged from Magnetix sets. Because magnets are known to pose a safety threat to youngsters if swallowed, this would have been an immediate red flag for Mega Brands. More important, the company would have learned that in May 2005, an Indiana preschool teacher reported that a 5-year-old child had required emergency surgery after swallowing a Magnetix magnet. The Mega Brands-Rose Art merger was still about two months from being finalized when, shortly before Thanksgiving Day in 2005, Kenny Sweet Jr. swallowed a Magnetix magnet at his home in suburban Seattle. The magnet tangled the child's intestines and ultimately killed him, as depicted in a Pulitzer Prize-winning 2007 story in the Chicago Tribune. Would the knowledge of this have been sufficiently troubling to Mega Brands to compel the company to abandon the Rose Art acquisition? Could Mega Brands have exerted pressure on Rose Art to recall the product? We'll never know. What we do know is that after Kenny's death, the Consumer Product Safety Commission finally lurched into gear and issued a subpoena to Mega Brands, now Rose Art's owner, to produce all information about Magnetix problems. According to the commission, Mega Brands responded with more than 1,100 complaints from customers about magnets falling out of Magnetix sets before the fatal incident. None of those earlier complaints are believed to have involved injuries. The commission called for Mega Brands to voluntarily recall the defective Magnetix sets. However, it took four months for the company and the federal agency to come to terms on the scope of the recall, during which time parents continued buying the toy for their kids. I was one of them, I don't mind saying. So now we have a settlement and a $1.1-million fine. Problem solved? Blogs Kids in Danger, a safety-related non-profit group: CPSC announced a settlement today with Mega Brands for withholding information on the hazards associated with Magnetix building toys. The toys were first recalled in 2006 after the death of 22 month old Kenny Sweet in Washington State. Unbeknown to his family, Kenny had swallowed the tiny magnets that had fallen out of the defective toy and hidden in the carpet. As it turns out, by the time the CPSC was notified of Kenny's death, the company (Rose Art) had more than 1000 complaints of magnets falling out and at least one report of serious injury before Kenny's death. By the time of the recall, the firm had over 1,500 reports of product failure and by April 07, when the recall was expanded, almost 30 serious injuries, most involving surgery. Mega Brands announced the acquisition of Rose Art in June 2005, but in settling with CPSC, denies any prior knowledge of problems with Magnetix prior to Kenny's death. A recent Mega Brands company report showed 2008 sales of just under $450 million, down 15% from 2007. Consumers are urged to check their toys to make sure they don't have any of the recalled Magnetix toys or any other products recalled since 2006 because of magnet ingestion hazards. CPSC also has a guide for identifying the recalled Magnetix products. ConsumerReports.org comments: We are glad to see the CPSC using its authority to penalize the companies that do not follow its laws. Magnets, if ingested in multiples, can cause serious internal injuries. Toys made with magnets or magnet parts that are small enough for toddlers to ingest do not meet current safety standards. While the fine may seem like a bureaucratic matter, parents should note that potentially millions of recalled magnetic sets remain in homes today and may be accessible to young children. The Chicago Tribune earlier published investigative reporter Patricia Callahan's series including the tragic timeline of the Magnetix "early warning signals" that were ignored by the manufacturer as well as U.S. regulators, leading to the death of a 22-month old toddler from Washington State. 
Meanwhile, in this editorial, the NY Times calls for President Barack Obama to quickly replace the Consumer Product Safety Commission’s acting chairwoman, Nancy Nord, who opposed adding new resources and authority to her group, which the Times calls a "shockingly understaffed agency". The CPSC has at times been slow to impose penalties on corporations that violate US safety laws and regulations. Who is Nancy Nord? Read the article by Thomas Francis in the Broward-Palm Beach New Times, a Florida news source, or watch the video:  This young commentator uploaded his video in response to one family's film which has 175k views to date on You Tube: What do you think? Which video do you agree with? Go to You Tube to post your comment. Other videos illustrate the problem Back in December, 2007 a Drexel Hill, Pennsylvania family went public on ABC News with their story of toddler Benjamin Palmer injured by Magnetix AFTER a supposed "redesign" of Magnetix to improve safety. their attorney from the law firm Feldman Shepherd et all explains his take on the company's behavior. The official video (March 18, 2007): MEGA Brands, in cooperation with the U.S. Consumer Product Safety Commission, is recalling about 2.4 million MagnaMan Magnetic Toy Figures, and Magtastik and Magnetix Jr. Pre-school Magnetic Toys. Magnets in the toy figures, animals, and building sets can detach. Magnets found by young children can be swallowed or aspirated. If more than one magnet is swallowed, the magnets can attract each other and cause intestinal perforations or blockages, which can be fatal. MEGA Brands and CPSC have received 44 reports of magnets coming loose from the toys including one report of a child who was found with a magnet in his mouth and another report of a 3-year-old boy receiving medical treatment to remove a magnet from his nasal cavity. For more information, or to request interviews, call the U.S. Consumer Product Safety Commission at (301) 504-7908. November 14
Exclusive: Potentially deadly magnetic toys on sale for Christmas [news from Scotland]
Nov 10 2008 By Stephen Stewart on http://www.dailyrecord.co.uk/news/scottish-news
"DEADLY magnetic toys that have killed at least one child and left others horribly injured are being sold as Christmas gifts in Scots shops. The plastic building blocks in Magnetix construction sets contain powerful magnets. And when kids swallow the magnets they can snap together inside their bodies, tearing through their organs and causing gruesome injuries. Doctors have compared the damage caused to knife and gunshot wounds.
The Chinese-made toys were recalled from shop shelves in America after the horrific death of 20-month-old Kenny Sweet. The toddler swallowed tiny magnets that had fallen out of the building blocks and they twisted his intestines as they snapped together inside him. He died of septic shock. Despite the harrowing history of Magnetix in the States, Record investigators found a 70-piece set of the building blocks on sale for s6.49 at a Toys R Us store in Glasgow. We also spotted smaller sets in several corner shops. The company behind Magnetix, Megabrands, say they have redesigned the toy since Kenny's death to stop the magnets falling out of the blocks. But the set we bought in Toys R Us dates back to 2006 and is of the old design.
Magnetix is not the only danger magnet toy on sale in Scotland. In the summer, 18million Polly Pocket, Batman and Doggie Daycare toys were taken off shelves around the world because they contained small magnets. But our research revealed that many of the Doggie Daycare toys are still being sold on the internet from UK outlets. Megabrands warn customers that Magnetix is for kids aged six and older and that younger children could swallow the blocks.
But the safety message didn't save little Kenny, of Seattle, who died in 2005 after swallowing magnets from the Magnetix toys that belonged to his 10-year-old brother. His mum Penny said at the time of his death: "It does say there is a choking hazard on the toys. "But they don't say it causes serious injury or death, which is the kind of warning they need to have. "We're in constant agony that our son is gone. You always have that ache in your heart." Just weeks before Kenny died, four-year-old California tot William Finley was rushed to hospital with a suspected burst appendix. Doctors soon discovered the real problem. William had three tiny magnets in his intestines and his family said they had come from a Magnetix toy. Dad Adam said: "The doctors kept telling us William was right on death's door. We almost lost our son over a toy." Six-year-old Owen Howman, of Ohio, needed life-saving surgery in 2006 after Magnetix magnets he had swallowed cut holes in his bowels and spilled deadly bacteria into his abdomen. His surgeon described the effect of the magnets as "essentially a gunshot wound or a stab wound". Owen's mum Angie said of the toys: "I want them off the shelves, I want them gone. "I don't want another mother to go through what I had to go through." In February last year, Tegan Leisy, three, of Windsor, Colorado, had eight inches of his intestines removed after swallowing magnets which had fallen out of Magnetix toys. And in May 2008, eight-year-old Haley Lents from Indiana needed surgery to save her life after swallowing 30 magnets and steel balls from a Magnetix set.
Megabrands settled legal action brought by Kenny Sweet's family and a dozen others without admitting any liability. And America's Consumer Product Safety Commission recalled millions of Magnetix toys in 2006 and 2007. While Kenny Sweet died af ter swallowing loose magnets, Owen Howman and other injured children swallowed the plastic blocks whole. The only way to stop this risk would be to make the blocks bigger. The UK's Child Accident Prevention Trust called the Record's findings "very disturbing". Projects director Mike Hayes added: "Parents need to understand that some toys can be very dangerous to children if not used correctly. "It is essential they buy from reputable retailers and follow product instructions ." Harold Chizick of Megabrands said the dangerous Magnetix toys were designed by another company who used to own the brand. He insisted: "No global safety standard is as high as the Megabrands standard. Most companies just test products when they have been made but we are constantly testing them from the design onwards." Megabrands also recently launched what they say is a new and sturdier magnet building toy, called Magnext. Chizick said: "Magnext is a totally new product. We have worked closely with Intertek, a third-party testing agency, that reviewed the design of the toys for safety before they were manufactured." The Record repeatedly tried to contact Toys R Us to ask them about the Magnetix set we found for sale in their store, but they did not respond.
Under Scotland's health and safety guidelines, no single body have the authority and manpower to get dangerous child products out of our shops. Campaigners have called for a tougher safety regime to protect our kids. Mike Hayes said: "We would really benefit from better co-ordination between the various agencies to ensure that consumer safety is given the highest priority. "It does not appear that it is always given the attention it deserves." In Britain, the organisation who represent major toy companies published guidelines in July last year saying that any toys containing strong magnets should carry warning labels. But previous investigations have found products on shop shelves which had not been labelled correctly.
Cleared from the shelves BANNED Chinese-made Barbie and Tanner play sets were recalled by Mattel; BANNED Polly Pocket and Batman figures were part of a huge recall; BANNED Doggy Daycare, above, was outlawed in the UK but is still available on the internet. Batman figures, right, were part of a recall of nine million toys"
The headline was meant to shock, and for this mama, it worked. "Tainted Toys Get Another Turn," said the Wall Street Journal's home page. I clicked, to read the story of how recalled toys with awful histories (remember the Aqua Dots whose bead-swallowing victims slipped into comas? [the date-rape drug]) are brought back with new names and new marketing spins.
What? Why? Aqua Dots are back as "Pixos," little beads that can be arranged in designs and then "magically join with water!" The Journal article says soberly, "Hit toys are rare in the industry and companies -- operating under tight margins -- are under pressure to keep a trendy product alive. But the stigma of a large recall can potentially sink both a toy and its manufacturer." So they bring it back.
Another return to the toy shelves is MagNext, essentially Magnetix redesigned so the little building magnets can't be swallowed -- and it's been "rebranded" with an association with another of the company's brands, Mega Bloks.
Sure, they're corporations, and they're out to make a buck. But something in me says that, once proven to injure kids, the toys should just be abandoned, not redesigned and rebranded."
(Commentary by urbanmamas at http://www.activistas.us/activistas/consumerism on November 01, 2008)
Magnetic toys are 4th on United States CPSC's annual list of the 5 most hazardous toys for this holiday season
With the 2008 holiday shopping season in full swing, many parents and caregivers are searching online or in stores for cool toys that their children will enjoy. They are trying to balance the new emphasis on back-to-basics, unstructured, creative toys that are made-in-the-US against the recent trend of cheap knock-off toys with lots of bells and whistles and automated features, often made in China and possibly coated with lead paint or phthalates. Many consumers are tempted by MEGA Brands' line of inexpensive "wow factor" toys that feature snap-together magnets and flashing lights. So, are the new Magnext toys from MEGA Brands safe for our children? Well, hold on there pardner...didn't you know that MEGA Brands was forced to recall their previous versions of magnetic toys (Magnetix, Magnetix Jr., Magtastik, and Magnaman etc.) not once, twice, but three times (2006, 2007 and 2008)? These toys were implicated in dozens of intestinal surgeries in kids of various ages and one death of a toddler. Have all of the models been completely redesigned so that magnets cannot fall out with normal play and so the magnetic pieces are not of a swallowable size? And what about those button-cell batteries that are used to power flashing lights, which experts warn kids are apt to put in their mouths and eat? How trustworthy do you think this multinational Canadian-based corporation is? (In previous years, they fought against the recall of their toys including boxes on retailers' shelves, in order to "burn off inventory", claiming the models were magically "new and improved" overnight.
Continue reading to find out about the latest toy safety advice from experts, and links to the CPSC's list of most hazardous toys for 2008.
Bad Toys: What went wrong with recalled toys. Flaming helicopters, anyone?
By Ian Hodder for MSN Health & Fitness
....For 2007, the most recent statistics available, the CPSC recorded 18 toy-related deaths of U.S. children under 15 and estimates 170,100 injuries required emergency-room treatment. Most of the deaths were attributed to choking on small parts, drowning and vehicular accidents while playing. Cuts, bumps and scrapes caused most of the injuries. (Know, too, that although all of these incidents involved a toy, the toy did not necessarily cause the injury.)
A safety check
Toy experts always stress age appropriateness. The CPSC divides its toy safety guidelines into three age categories: under 3; 3 to 5; and 6 to 12. For older kids, the emphasis is on safety equipment, like bike helmets; for younger kids, potential choking hazards. Check manufacturer age recommendations and, when shopping for older kids with young siblings, defer to the junior's risks.
Once home, discard the packaging and inspect the toy again before handing off to a child. Oppenheim suggests using a toilet paper roll to gauge whether parts could obstruct a little one's airway. Check also for loose bits, sharp edges and, in the case of wooden toys, splinters. The CPSC urges caution with balloons or magnets, which are very dangerous if swallowed. (A Washington State boy died in 2005 after swallowing pieces of a Magnetix toy; coverage of the CPSC's delay recalling of these toys earned a Pulitzer Prize for the Chicago Tribune.).....
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FOR IMMEDIATE RELEASE
November 12, 2008
Release #09-040
NEWS from CPSC
U.S. Consumer Product Safety Commission
WASHINGTON, D.C. - The holidays are here and the U.S. Consumer Product Safety Commission (CPSC) has its list. Parents and gift buyers are encouraged to check it twice. Today, CPSC issued its annual holiday safety messages, joined by U.S. Customs and Border Protection (CBP) and Safe Kids Worldwide, to remind parents to be diligent when making holiday shopping choices.
“CPSC, CBP and industry activity has been with one goal in mind, to keep the toys our children play with the safest in the world” said Acting Chairman Nancy Nord. “Vigorous inspection of toys, testing and law enforcement have made toys the safest this season.”
For 2007, the Commission has reports of 18 toy-related deaths and CPSC staff estimates that there were about 170,100 hospital emergency-room treated toy-related injuries to children under 15. Most of the deaths were associated with airway obstruction from small toys, drowning, or motor vehicle accidents during play. Most of the injuries were lacerations, contusion and abrasions; the head and face was the area most frequently affected.
The top 5 toy hazards:
Once the gifts are open:
- Immediately discard plastic wrappings on toys before they become dangerous play things.
- Keep toys appropriate for older children away from younger siblings.
- Pay attention to instructions and warnings on battery chargers. Some chargers lack any device to prevent overcharging.
With the increased popularity of second-hand stores and on-line vendors, gift-givers should be especially vigilant to prevent the sale or purchase of hazardous products that have been recalled, banned or do not meet current safety standards. Before placing products in the second-hand market, check its recall status at www.cpsc.gov. Buyers should make sure their gifts do not include any of the recalled toys or children's products on CPSC's web site.
Also, at this web site, consumers can keep up-to-date on dangerous products by signing up to have recall announcements sent directly to their email account. Choose to receive all recall announcements or children's product recalls only. Consumers also can call CPSC's toll-free hotline at (800) 638-CPSC. For information about all types of recalls, visit www.recalls.gov
Consumers can also view a video clip about Top 5 Toy Hazards and Shopping Safety Tips. This is in "streaming video" format.
Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
Magnext, Magnetx, Magnetix, Geomags, Supermag, Unimag, Christmas, gift under the Christmas tree, Hannukah, Hanukkah, Kwaanza, Kwanzaa, holiday season, wrapped toy, shopping season, presents, gifts, wish list, parents, parental guidance, Santa, Papa Noel, Santa Claus, St Nick, tomten, Santa Lucia, what will Santa bring, birthday, where can I find, Amazon.com, NexTag, NextTag, kids, consumer reports, consumer guide, epinions, Amazon.com, MSN shopping, KB Toys, eLearning, regulation, import, export, comment, make a comment, toddler, son, daughter, friend, children, grandparent, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew, top toys, best toys, educational toys, most requested toys, most popular gifts, construction sets, building sets, Magnext, boys, girls, teen, teenager, age 2-5, age 6-8, age 9-12, highest rated, ratings, magnetism, QVC, ToysRUS, Fred Meyer, Target Stores, Kohl's, Dollar Store, KMart, Walmart, Babies R US, Magnext, hot trend, creative building toys, safety, Magnext Dynamix Advanced Gears and Electronix, product reviews, best seller, experts, opinions, cool, awesome, amazing, awful, 5 stars, zero stars, OMG, TMI, don't buy, purchase, sell, trade, eBay, MEGA Brands, featured selection, online retailer, Magnext Mantis, recommend, recommendations, dis-recommendations, not recommended, worst, ripoff, lawsuits, lawyer, personal injury attorney, most hazardous, household hazard, toxic, dangerous, injury, swallow, surgery, death, defect, defective, settlement, users, consumers, complaint, ratings, comparison, compare, versus, Magnext vs. Geomag, Magnetix Extreme Combo, v, iCoaster, MagnaCase, Dynamix, magnetic toy safety, problems, risks, bad value, poor quality, made in China, CPSC, neodymium, neodymium iron boron, NIB, negative feedback, warning, product recalls, MagnaCase, Special Parts Ultimate, Magnext System Deluxe, Tub, System, Assortment,, Construction Kit,, Count, Basic, Core, Podium, Magnext Starter Set Trial, Spheron Triple Car Launcher, Magna Bones TRex, Rocket and Launcher, Magna Saurs Saber Tooth Tiger, Wooly Mammoth, Bakugan Battle Brawlers.April 11 The Chicago Tribune's investigative reporting staff stays busy uncovering public safety issues...as in this December Chicago Tribune article about magnetic jewelry marketed to our small children:  |  | | Some magnetic earrings targeted to pre-teens by Claire's Stores and others | Earrings shaped like baby ducks which use magnets having a strong flux density | TRIBUNE INVESTIGATION: HIDDEN HAZARDS Expert: Earrings marketed to kids 'fall through the cracks' By Maurice Possley | Tribune staff reporter - December 20, 2007
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- The federal government brands magnets in toys a deadly hazard to children because the tiny, powerful objects can fall out and cause serious, even fatal, internal injuries when swallowed. Yet the Consumer Product Safety Commission has not taken steps to regulate even more powerful magnets when they are sold in loose form as backings on children's earrings, the Tribune has found.
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- The earrings consist of a small decorative part -- such as a cupcake, a faux diamond, a dolphin -- with a magnet inside. They are held in place by putting a loose magnet behind the earlobe. Independent tests of more than a dozen magnetic earrings done for the Tribune showed that the earring magnets all were at least as powerful as magnets found inside toys that have caused the death of one child and scores of other injuries. Some of the magnetic earrings were more than five times more powerful. But because the earrings are not considered toys, new regulations for magnets do not apply. If they did, the jewelry could not be legally sold, according to a CPSC spokesman, Scott Wolfson.
- The Tribune found reports of more than two dozen instances in the U.S. and Europe in recent years where magnets from earrings have been swallowed, aspirated into the lungs or become stuck together on either side of a child's nose cartilage. Those youngsters had used the earrings to mimic nose, tongue and even navel piercings. Most of these injuries did not result in hospitalizations. But, given the precedent of serious injuries caused by magnets in toys, some leading physicians are wondering why the CPSC is not taking action anyway.
- "It's clear what the risks of magnets are," said Dr. Garry Gardner, a physician from suburban Darien who is chairman of the American Academy of Pediatrics' committee on injury, violence and poison prevention. "I don't care whether they call it a toy or not, these are still a risk. Any magnet that can be aspirated or swallowed is dangerous."
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- ...The new standard does not apply to magnetic jewelry, even if it is marketed to children.
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- ...Complaints to the CPSC about magnetic jewelry include one incident that sent a 2-year-old boy to the hospital after swallowing a magnetic earring. Other incidents involved boys and girls ranging from 8 to 13 years old. One 13-year-old boy used magnet jewelry to mimic a tongue piercing and swallowed the magnet. A 13-year-old girl "sniffed magnet earring backs into nose," according to the agency's database.
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- Dangerous inside nose
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- Dr. Anthony Magit, a pediatric otolaryngologist in California, described how quickly a child can be injured. "The magnets are fairly strong and instead of just holding the earrings on the outside of both sides of the nose, they pull together and get embedded in the septum and they can't get them out," he said. "It can happen in a day. The magnets burrow into the septum and cannot be pulled apart. They are so strong, you have to take them to the hospital to get them removed. "There needs to be a warning."
Click here to go to the video 
And now the Chicago Tribune's editorial staff followed up with this opinion piece, critical of the American product watchdog agency: Fix the CPSC—and fast March 22, 2008 Last August, the U.S. Consumer Product Safety Commission tagged toys with potentially loose powerful magnets as the No. 1 "hidden home hazard" in America.
The magnets, when they fall from toys, are small enough to be swallowed by curious tots. They're dangerous enough to subsequently connect through layers of body tissue, rip through intestines like a gunshot, and cause severe injury or death. And stray magnets can be difficult for even vigilant parents to spot on a carpet. All of this was confirmed in the story of 20-month-old Kenny Sweet Jr., the Seattle-area boy who died after swallowing aspirin-size magnets that had fallen loose from older brother Ben's Magnetix building toys set. After the May 2007 chronicle of Kenny's death by Tribune reporter Patricia Callahan, toymaker Mega Brands announced that it was clearing store shelves of all but the newest models of Magnetix kits. But according to the CPSC, Mega Brands had violated an April 2007 recall agreement with the CPSC by relabeling older sets of Magnetix toys. That made it appear as if they were the safest version, even though the CPSC insisted those sets be included in the recall. The CPSC also said the company gave stores confusing directions on which sets were covered by the recall. The Tribune reported Monday that the company had indications that other magnet toys in its lineup—Magna Man action figures, and Magnetix Jr. and Magtastik preschool toys—also were expelling loose magnets. This week, more than a year after it first learned that magnets were coming loose from these products, Mega Brands issued yet another massive recall, this one covering 2.4 million toys. On offer for consumers: replacement sets—some of which would replace the replacement sets the company had distributed in previous recalls. What took so long? Negotiations between the company and the CPSC over details of the latest recall. Under current statute, the CPSC has no easy way to order a recall without negotiating every word with the company involved. This despite the fact that there were 44 reports of magnets falling loose from the most recently recalled toys. One child had to have a stray magnet removed from his nasal cavity. Another had a magnet retrieved from his mouth. Company spokesman Harold Chizick told the Tribune the delay was due to the company's desire to get things right. Initially, Mega Brands wanted to recall only certain pieces from its toy kits. Ultimately, the company decided to recall entire sets. "We wanted to avoid confusion," Chizick said. "Telling the consumer that certain parts were good and certain parts needed to be returned, it was just too confusing." Why was a part-by-part recall even up for debate? Chizick's comment about that being "just too confusing" is correct but obvious. The Tribune's series also has prompted a closer look at the CPSC, a sometimes-muzzled watchdog, by federal lawmakers and consumers alike. Both houses of Congress have passed bills that would reform the CPSC by increasing its funding and staffing. Next stop: a Capitol Hill conference committee. Our belief is that the final bill must include creation of a public Internet database, where citizens can search for information about potentially dangerous products. The Senate bill calls for such a database; the House bill calls merely for studying the issue. That's not enough. As the Magnetix case shows, while known problems linger, children remain in danger. A CPSC that can't alert parents to dangerous products—or even make public consumer complaints about a potentially dangerous product—needs to be overhauled.
And fast. March 17 March 17, 2008 St. Patrick's Day news:
Watch the USA Today VIDEO now!
Chicago Tribune article highlights the significant new Mega Brands Inc. magnetic toy recall
Federal safety regulators recalled an additional 2.4 million potentially deadly Mega Brands magnetic toys Monday, at least 14 months after learning there might be problems with some of those products.
In December 2006, a consumer complained to the U.S. Consumer Product Safety Commission that magnets could come loose from Mega Brands Magna-Man action figures, one of the toys recalled, according to government records. And last May a Tribune report, which featured an account of a magnet popping out of one of those action figures, questioned whether the company's earlier Magnetix recalls covered all of the potentially hazardous toys in the line.
When the tiny, powerful magnets come loose and are swallowed, they can connect inside a child and rip through intestines.
Mega Brands had sent some of the toys recalled Monday to consumers as presumably safe replacements for Magnetix building sets recalled as a deadly hazard in 2006 and 2007.
Monday's recall comes as Mega Brands is beginning to phase out its Magnetix line and the industry is moving closer to a more stringent safety standard for magnetic toys. The guidelines being considered would not allow manufacturers to sell toys with magnetic parts small enough for a child to swallow. They also would require tougher tests for the remaining toys with powerful magnets.
In all, with Monday's action, more than 10 million Mega Brands products have been recalled for magnet hazards over the past two years. More than 12 million other toys with the tiny magnets also have been recalled.
Problems at agency
The Tribune investigation showed that the safety commission's failure to act promptly on reports of the deadly hazard was emblematic of how the docile and underfunded agency failed to protect children. Kenny Sweet, a suburban Seattle toddler, died, and dozens of other children suffered life-threatening intestinal injuries after swallowing aspirin-size magnets that came loose from Magnetix building sets.
The series prompted congressional hearings, which led to legislation that would overhaul the agency, known as the CPSC.
It was a friend of the Sweet family...who noticed problems with the Magna-Man figures after Kenny died. In December 2006, she told a CPSC investigator who came to her home that the toy had shed a magnet while her children played with it. Records show the CPSC investigator sent...the broken toy to the agency's headquarters. In addition, the Tribune report last May detailed how magnets fell out of a Sir Lancelot Magna-Man....
Mega Brands quietly discontinued Magna-Man in June, though a company spokesman said it had nothing to do with the Tribune report.
A CPSC spokeswoman declined to comment on when her agency first learned that magnets were coming loose from the toys. Asked why the agency didn't move faster, she said the CPSC needed to investigate the toys and negotiate the details of the recall while also dealing with demands from Congress. In addition, the agency was busy last summer with a record number of recalls related to lead paint in toys, according to the spokeswoman, Julie Vallese.
"The same people that would be investigating and working on toys with lead paint would be some of those same people that would have other parts of toy investigations as their responsibility," Vallese said.
The CPSC last August listed toys with loose, powerful magnets as the No. 1 "hidden home hazard."
Toys included in recall
The toys recalled Monday were 1.3 million Magna-Man action figures and 1.1 million preschool toys called Magnetix Jr. and Magtastik. In all, there were 44 reports of magnets coming loose from these toys.
The CPSC cited one injury and a close call with the preschool toys. A 3-year-old boy playing with the toys had to have a magnet removed from his nasal cavity, while an 18-month-old boy was caught with a magnet in his mouth before he had a chance to swallow it.
When it came to the preschool toys, Mega Brands initially wanted to recall only certain pieces in which the magnets were coming loose, while the CPSC wanted the entire product line to be recalled. Late last week, Mega Brands agreed, said company spokesman Harold Chizick.
"Given all the information we had, we wanted to take the most cautious approach to this as we could," Chizick said. "We wanted to avoid confusion. Telling the consumer that certain parts were good and certain parts needed to be returned, it was just too confusing."
He said neither product had gone through any design changes due to magnets coming loose.
Chizick declined to comment on when the company first learned that the magnets were popping out and declined to detail when the incidents with the 3-year-old or 18-month-old occurred. Consumers who own any of the toys are eligible to receive a free replacement toy from Mega Brands.
Mega Brands is phasing out Magnetix and plans to launch a new line of magnetic construction toys called MagNext this summer. In the new toys, which the company developed with the help of testing lab Intertek, the magnets are more tightly encased with a stronger plastic. The pieces are too large to be swallowed by a child.
The American Academy of Pediatrics last year suggested a ban on toys that contain magnetic pieces small enough for a child to swallow. But major toymakers opposed such a ban at that time.
A safety-standards panel made up largely of toy industry executives said last spring it would study the issue. Arthur Kazianis, the Hasbro executive who headed the group, said he and his competitors agreed to such a ban when more data emerged showing that children were injured by whole toy pieces as well as just magnets that had come loose from toys.
"The injuries are there," he said last month. "We need to do something."
Because such safety standards are built on consensus, the proposed toy standard must wind its way through a bureaucratic process before enactment.
The CPSC reform legislation passed by the Senate this month would make the voluntary toy safety guidelines mandatory. The Senate is ironing out a compromise with the House, which passed a reform bill that did not include such a provision.
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pcallahan@tribune.com
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HIDDEN HAZARDS
Find the Tribune investigation of dangerous toys at
http://chicagotribune.com/hazards
MagnaMan action figures recalled - 1.3 million sets
As reported on this blog and highlighted on the pages of the Chicago Tribune, the family who made the video above also found TWO Magnaman toys that they bought to be defective, with tiny powerful magnets popping out within minutes of opening the packages did not act until March 2008.
Filming her own children playing with a variety of Magnetix toys, she has documented numerous cases of them failing. In the latest incident, she said, magnets fell out of a Sir Lancelot Magna-Man action figure she bought in mid-February [2007]. Two of her children noticed that a magnet fell out of the neck of the action figure within minutes of opening the package.
Incidents/Injuries: MEGA Brands and CPSC have received 25 reports of magnets coming loose from the figures.
| Name
| Color
| Model #
|
| Name
| Model #
|
| Alien
| Green
| 28170
|
| Robot Assortment
| 28198
|
| Robotor
| Red
| 28171
|
| Vac Metal
| 28327
|
| Flame
| Orange
| 28172
|
| 4-Pack
| 28175
|
| Gigantor
| Blue
| 28173
|
| 3-Pack
| 28393
|
| Toyoto the Samurai
| Purple
| 28164
|
| 2-Pack
| 28392
|
| Sir Lancelot the Knight
| Gray
| 28165
|
| Vac Metal Assortment
| 28327
|
| Eric the Viking
| Blue
| 28166
|
| Assortment
| 28254 or 28199
|
| Brutus the Gladiator
| Yellow
| 28167
|
|
| |
Magtastik, Magnimals and Magnetix Jr. juvenile toys recalled - 1.1 million units
Magtastik and Magnetix, Jr. are relatively new preschool toys designed by MEGA Brands specifically for children age 3 and up. Many consumer advocates questioned whether the company whose design and production quality standards had already resulted in two worldwide recalls of millions of "Magnetix" building sets could be trusted to produce a safe toddler/preschool toy that contained the very same deadly magnets. Now we have our answer!
Incidents/Injuries: MEGA Brands and CPSC have received 19 reports of magnets coming loose, including one report of a 3-year-old boy receiving medical treatment to remove a magnet from his nasal cavity and one report of an 18-month-old boy with a magnet in his mouth, which was not swallowed.
| Name of Product
| Model #
|
| Name of Product
| Model #
|
| Magtastik Starter Set
| 427
|
| 40 Piece Tub
| 468
|
| Magtastik Deluxe Set
| 428
|
| Deluxe New Starter Set
| 467
|
| Primary
| 429
|
| Wonder Coaster
| 465
|
| Primary Starter
| 431
|
| Starter Set ' New Parts
| 496
|
| Car
| 434
|
| Magnimals ' Monkey
| 424
|
| Helicopter
| 435
|
| Magnimals ' Dog
| 425
|
| Fun Pack
| 448
|
| Magnimals ' Dinosaur
| 426
|
| Jumbo 24 Piece Bag
| 456
|
| Magnimals Assortment
| 423
|
| Round Bag
| 461
|
| Mag Mobile Assortment
| 433
|
| 12 Piece Mag Bag
| 462
|
| Magnimals Pet Set
| 436
|
| Target Bucket
| 466
|
| Magnimals Bonus Pack
| 446
|
|
|
|
| Easter Pack
| 469 | |
Toys still missing from the recall notices
Previous recalls issued by the CPSC in conjunction with Rose Art Industries and Mega Bloks/MEGA Brands included only toys carrying the name "Magnetix", although it was obvious to the layperson that the Magna Man sets, among other models, had the same magnetic action and content as the recalled Magnetix Extreme and Magnetix building sets containing rods, links, squares, triangles and metal balls.
A gaping hole remains in the almost universal recall of all MEGA Brands magnetic toys: What about Mag Warrior and Marvel magnetic action figures marketed by MEGA Brands which have a very similar design to their Magna-Man action figures?
Also part of the gaping black hole - should these new magnetic toys from the same manufacturer also be recalled? Magnabug, Magnasaur, Magnawheels, Magna Monster, Magnalogs, Magna Model, Magna Bones, Magnaformers? For example: would you trust that these magnetic toys are safe for your youngsters to play with? Spheron Triple Car Launcher, Woolly Mammoth, Saber-Tooth Tiger, Woolly Rhino, T-Rex, Saber Tooth, Tri-Top, Pterodaktyl, Mantis Racer, Rocket Racer, Fighter Racer with Rocket Launcher, Mantic Racer with Rocket Launcher, Probe Racer with Gravity Launcher, Rocket Racer with Gravity Launcher, iCoaster, Spider-Man 3 Action Vehicle Set, Stegosaurus, Tyranno, Spider-Man 3 Venom, Spider-Man 3 Symbiote, Spider-Man 3 Jet Pack? Why wait until dozens of incident reports come in and the CPSC takes action to recall these look-a-like models not included in the three official recalls? Parents should carefully consider allowing their children to play with any MEGA Brands or Rose Art magnetic toy.
Swallowing danger from Magnetix ball bearings
In another continuing tragic saga, the blog Play Library has a string started in March, 2006 that now tracks over 180 comments where parents have reported their children swallowing the metal ball contained in many Magnetix models. Many of the writers have called for the removal of Magnetix products from store shelves on that basis alone. Yes, it is legal to sell a toy that contains a metal ball if (1) the toy is marketed to children age 3 and over and (2) it contains a warning that it contains small parts or a small ball which can cause a choking hazard for children under age 3. However, these particular Magnetix shiny balls have been so tempting for children of all ages that dozens of older children have needed trips to the doctor or emergency room, days or weeks of supervision and multiple x-rays to make sure that no magnets were swallowed and that the sphere(s) "come out the other end". An example:
My 7 year old son came to me tonight and told me he swallowed that little silver ball!...I came on line to look it up and I cannot believe how long this has been happening and he only received this magnetix toy this past Christmas; it’s not off the shelves yet after all these incidents? That’s is just sad. Someone tell me what to do to get these toys off the shelves? I am calling my pediatrician in the morning.
Magnabild magnetic building sets recalled
Another magnetic building set, Magnabild, was recalled on March 13, 2008 and January 23, 2008 by the CPSC in cooperation with Battat Inc. of Plattsburg, NY. Approximately 132,000 sets had been sold.
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