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Toy Dart Gun Set

CPSC Recall #10-234 — May 16, 2010

Recall Summary

Recall Number10-234
Recall DateMay 16, 2010
Remedy TypeDispose, Refund
Units Affected1.8 million
Manufactured InChina

Where It Was Sold

The toy sets were sold exclusively at Family Dollar stores nationwide from September 2005 through January 2009 for about $1.50.

Product

Toy Dart Gun Set

Description

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Family Dollar Stores Inc., of Charlotte, N.C., is announcing the voluntary recall of 1.8 million toy dart gun sets, due to an aspiration hazard. CPSC and Family Dollar have received reports of two asphyxiation deaths involving a 9-year-old boy in Chicago, Ill. and a 10-year-old boy in Milwaukee, Wis.If a child places the soft, pliable plastic toy dart in his/her mouth, the toy can be inhaled into the throat and prevent the child from breathing.The toy dart guns, imported by Henry Gordy International Inc., of Plainfield, N.J., were sold exclusively at Family Dollar stores. Family Dollar is working cooperatively with CPSC to announce this recall because Henry Gordy International has refused to recall the toy dart gun sets.The "Auto Fire" toy target set is sold with either an orange and yellow toy gun (item #P238) or a blue and yellow toy gun (item #9328), eight orange darts and a small target with numbers from 1 to 20. The gun's item number is located on one side of the handle in raised lettering. The soft plastic darts measure just over one inch in length and have a small suction cup at one end with a diameter of about ? inch. The target board is black, yellow, red and green, and measures five inches in diameter. "Gordy Toy" for "Ages 8+" is printed on the packaging.The toy sets were sold exclusively at Family Dollar stores nationwide from September 2005 through January 2009 for about $1.50.The products were manufactured in China.Consumers should immediately take the toy target sets from children and discard them. Consumers can also return the guns and darts to a Family Dollar store for a full refund. For additional information, contact Family Dollar at (800) 547-0359 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's website at www.familydollar.com.

Hazard

If a child places the soft, pliable plastic toy dart in his/her mouth, the toy can be inhaled into the throat and prevent the child from breathing.

Incidents & Injuries

CPSC and Family Dollar have received reports of two asphyxiation deaths involving a 9-year-old boy in Chicago, Ill. and a 10-year-old boy in Milwaukee, Wis.

Remedy Instructions

Consumers should immediately take the toy target sets from children and discard them. Consumers can also return the guns and darts to a Family Dollar store for a full refund.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a Dispose, Refund at no charge. If you experienced an injury, report it at SaferProducts.gov.

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Frequently Asked Questions

Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly — either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (Dispose, Refund) at no cost to you.

Yes. If you were injured by a defective consumer product — whether recalled or not — you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.

In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.

If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney — parent companies, distributors, and retailers may still bear liability in some circumstances.

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