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April 4, 2006 05:31 - Magnetix Toy Recall and Other Recall
Finally, CSPC decided to recall all version of Magnetix Magnetic Building Set after 34 reported incidents. Parents should return their sets to Rose Art (Magnetix importer) for a free replacement product suitable for young children under the age of 6. Read the full news here.
I also want to alert you to other recent toy recalls:
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April 15, 2006 08:08 - Update on Magnetix Toy Recall
One victim family apparently has warned Rose Art, the distributor of Magnetix, to recall their toys because the magnets come loose very easily and can be swallowed by young children, causing their intestines to twist. This family is now suing Rose Art for negligence and breach of safety.
Here is the press-release from this family's attorney.
"A Redding, Calif., family whose
four-year-old son is among at least 34 children who ingested or aspirated
parts of Magnetix-brand building sets allege that they warned the
manufacturer about the product weeks before another child died in a related
incident.
In a lawsuit filed Friday in Shasta County Superior Court in Redding,
Calif., Adam and Sara Finley, whose four-year-old son William required
emergency intestinal surgery in August 2005 after swallowing Magnetix
magnets, brought claims of negligence, breach of warranty, breach of
implied warranty of fitness for particular purpose, and strict liability
against Livingston, N.J.-based RoseArt Inc., its parent company, Mega
Bloks Inc. of Canada, and Toys R Us
The Finleys are represented by Robert G. Simpson and Russell Reiner, of
Reiner, Simpson, Timmons & Slaughter, LLP, of Redding, Calif. According
to the complaint, William Finley suffered intestinal and abdominal
scarring, and injuries to other internal organs and his nervous system.
According to Sara Finley, After our son was terribly injured, we
alerted the company by certified letter. They received our letter on Nov. 3,
2005. Then, just a few weeks later, a family in Redmond, Wash., lost
their son after he swallowed these magnets as well. We were astounded
that the company later claimed on national television that they had no
prior knowledge of these incidents when, in fact, they had our letter.
A March 31, 2006 U.S. Consumer Product Safety Commission recall report
cites 34 incidents involving Magnetix set magnets, including one death
and four serious intestinal and lung injuries in children. The CPSC
recalled 3.8 million Magnetix X-treme Combo, Micro, and Extreme building
sets. The recall does not affect Magnetix toys still on store shelves,
according to Reiner, Simpson, Timmons & Slaughter.
Mr. Simpson said, “We’re concerned that RoseArt has not fully
recognized the seriousness of this danger to children. Blaming the families for
these tragedies is reprehensible. The fact is, the magnets in these
toys too easily come loose and fall out, and will get into the hands of
young children under the best parental supervision. The Finleys and the
other families affected by these hazardous products deserve our
admiration. Their courageous efforts have raised awareness of this safety
issue, and, we hope, prevent other children from suffering serious injury or
death.
Mr. Reiner said, In reviewing the RoseArt web site recently, we found
no reference to the recall of these products. However, the company
apparently redesigned these toys to encase the magnets in plastic. In our
view, this development reflects the undeniable danger of the original
Magnetix products involved in the recall and in litigation. Millions of
these Magnetix products are in American homes. If you have these
recalled products, we urge you to remove these Magnetic products from your
children’s toys and inspect the sets to determine whether magnets are
missing or have become loose.
The Chinese-made Magnetix toys are imported by RoseArt Industries, and
were sold at stores including Toys R Us, Wal-Mart Target, Fred Meyer,
Design Science Toys Ltd., A.C. Moore, among others, according to the
CPSC.
The Finleys’ case is Finley vs. RoseArt Inc., et al (No. 156964;
Superior Court of the State of California in and for the County of Shasta)."
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