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Floating Eyeballs

CPSC Recall #07-556 — June 6, 2007

Recall Summary

Recall Number07-556
Recall DateJune 6, 2007
Remedy TypeRefund
Units AffectedAbout 500
ManufacturerGemmy Industries Corp., of Coppell, Texas
Manufactured InChina

Where It Was Sold

Toy and novelty stores during July 2006 for about $3.

Product

Floating Eyeballs

Description

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Gemmy Industries Corp., of Coppell, Texas, is voluntarily recalling about 500 Floating Eyeballs Toys. The plastic eyeball contains kerosene, which if broken, presents a chemical hazard to children.Name of Product: Floating EyeballsUnits: About 500Manufacturer: Gemmy Industries Corp., of Coppell, TexasHazard: The plastic eyeball contains kerosene, which if broken, presents a chemical hazard to children.Incidents/Injuries: None reported.Description: The product is a plastic flashing eyeball toy filled with liquid. The model numbers of this product are: 27828, 27544 and 06470. The model number is found on the back of the packaging. The writing on the packaging reads, "FLASHING EVIL EYE," and "TRY ME!"Sold at: Toy and novelty stores during July 2006 for about $3.Manufactured in: ChinaRemedy: Consumers should take these toys away from children immediately, and return the item to the store for a full refund.Consumer Contact: For additional information, please contact Gemmy Industries at (800) 231-6879 between 9 a.m. and 6 p.m. ET Monday through Friday, visit the firm's website at www.gemmy.com, or e-mail the firm at [email protected].

Hazard

The plastic eyeball contains kerosene, which if broken, presents a chemical hazard to children.

Incidents & Injuries

None reported.

Remedy Instructions

Consumers should take these toys away from children immediately, and return the item to the store for a full refund.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a 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 (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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