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Magnetix Magnetic Building Sets

CPSC Recall #07-164 — April 18, 2007

Recall Summary

Recall Number07-164
Recall DateApril 18, 2007
Remedy TypeReplace

Where It Was Sold

Mass merchants and other toy and arts and crafts stores sold the sets nationwide for between $20 and $60
depending on the size of the set.

Product

Magnetix Magnetic Building Sets

Description

WASHINGTON, D.C. - Additional serious injuries to children reported following the March 31, 2006 recall announcement of Magnetix Magnetic Building Sets have prompted the U.S. Consumer Product Safety Commission and Mega Brands America, Inc. ("Mega Brands") (the new owner of Rose Art Industries, Inc.) to announce an expanded recall. In excess of 4 million units are involved. The recall includes all sets, except newer Magnetix sets sold since March 31, 2006, that are age-labeled 6+ and sets that contain the following caution label:"CAUTION: Do not ingest or inhale magnets.Attraction of magnets in the body may causeserious injury and require immediate medical care."Mega Brands advises that sets currently at retail better retain magnets due to improved quality control, material and design changes. These products are not included in the recall.To date, CPSC and Mega Brands are aware of one death, one aspiration and 27 intestinal injuries. Emergency surgical intervention was needed in all but one case. At least 1,500 incidents of magnets separating from the building pieces have been reported. Although the hazard was initially thought to be a problem primarily for children younger than six, it has since been learned that at least ten injuries involved children between the ages of 6 and 11 years old.If a child swallows more than one tiny powerful magnet detached from the plastic building pieces or one such magnet and a metallic object, the objects can attract to each other inside the intestines and cause perforations and/or blockage, which can be fatal, if not treated immediately."CPSC is deeply concerned about the dangers that small, powerful magnets can pose to children if swallowed," said CPSC Acting Chairman Nancy Nord. "In order for any product recall to be effective in protecting consumers, we must significantly reduce incidents and injuries from occurring after the recall is announced." Mega Brands has been cooperative in this expanded recall.These older sets, which were manufactured in China, contain up to 250 plastic building pieces and 1/2-inch diameter steel balls. The building pieces include 1 1/2-inch squares, 1-inch triangles, cylinder rods, flexors, connectors, x-tenders, and curves and come in an assortment of colors such as metallic, primary, translucent, and glow in the dark.Mass merchants and other toy and arts and crafts stores sold the sets nationwide for between $20 and $60, depending on the size of the set.Consumers should stop using the recalled magnetic sets immediately and contact Mega Brands for a comparable replacement toy. If consumers are uncertain as to whether their product is being recalled, they can contact Mega Brands at (800) 779-7122 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit the firm's Web site at www.megabrands.com.The CPSC is urging consumers to immediately report any incidents of loose magnets to the CPSC Hotline at (800) 638-2772 or to the CPSC Web site at www.cpsc.gov.

Hazard

If a child swallows more than one tiny powerful magnet detached from the plastic building pieces or one such magnet and a metallic object, the objects can attract to each other inside the intestines and cause perforations and/or blockage, which can be fatal, if not treated immediately.

Incidents & Injuries

To date, CPSC and Mega Brands are aware of one death, one aspiration and 27 intestinal injuries. Emergency surgical intervention was needed in all but one case. At least 1,500 incidents of magnets separating from the building pieces have been reported. Although the hazard was initially thought to be a problem primarily for children younger than six, it has since been learned that at least ten injuries involved children between the ages of 6 and 11 years old.

Remedy Instructions

Consumers should stop using the recalled magnetic sets immediately and contact Mega Brands for a comparable replacement toy. 

What Should You Do?

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