Pokémon balls distributed with Burger King kids meals
CPSC Recall #00-058 — January 26, 2000
Recall Summary
| Recall Number | 00-058 |
| Recall Date | January 26, 2000 |
| Remedy Type | Dispose, Replace |
| Units Affected | More than 25 million |
Where It Was Sold
| Burger King restaurants nationwide distributed the Pokémon balls inside Burger King big kids meals and regular kids meals from early November through December 1999. |
Product
Pokémon balls distributed with Burger King kids meals
Description
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and Burger King Corp. are again urging consumers to immediately destroy and discard Pokémon balls distributed with Burger King kids meals in November and December 1999. On January 25, 2000, a 4-month-old boy in Indianapolis, Ind., reportedly suffocated when one-half of a Pokémon ball that was in his crib became stuck on his face. Burger King Corp., in cooperation with CPSC, issued a voluntary recall of more than 25 million Pokémon balls on December 27, 1999. The balls pose a suffocation hazard to children under three years of age. In December, a 13-month-old girl reportedly suffocated when one-half of a Pokémon ball covered her nose and mouth. Also in December, an 18-month-old girl nearly suffocated when a ball-half got stuck over her face. On the second attempt, the girl's father was able to pull the ball-half from her face. Pokémon balls are plastic, ball-shaped containers between 2.75 and 3 inches in diameter. They pull apart to reveal one of 57 different Pokémon toys inside. The balls were distributed in a variety of colors including red and white, and hot pink. Packaging described them as safety tested and recommended for all ages of children. Burger King restaurants nationwide distributed the Pokémon balls inside Burger King big kids meals and regular kids meals from early November through December 1999. Consumers should immediately take the balls away from children under the age of three. They should discard the ball or return both halves of the ball and the clip to a Burger King restaurant for a free order of small fries. Children can continue to use the Pokémon toy that came inside the ball. As part of the voluntary recall effort, more than 8,100 Burger King restaurants posted recall notices in both English and Spanish. When the recall was first announced, Burger King placed an ad in USA Today, and CPSC broadcast a video news release so local television stations could use video tape showing the danger. CPSC Chairman Ann Brown also announced the recall on the Today Show reaching millions of viewers. In addition, Burger King worked with the CPSC to send recall notices to 56,000 pediatricians' offices, 10,000 emergency room directors and 25,000 emergency health care clinics across the country. Notices were posted on the CPSC and Burger King web sites, and on web sites frequented by Pokémon fans and parents. Recall notices will be posted on tray liners, carry-out bags and French fry bags as well. Burger King also will purchase national cable and network television advertisements to alert consumers to the recall. Burger King's Consumer Relations phone number is 305-378-3535, which operates Monday through Friday, 9:00 a.m. to 6:00 p.m. east coast time.Consumers can also view a video clip about this recall (Transcript). It is about 6 megabytes long and the download time depends upon the speed of your Internet connection.
Hazard
The balls pose a suffocation hazard to children under three years of age.
Incidents & Injuries
On January 25, 2000, a 4-month-old boy in Indianapolis, Ind., reportedly suffocated when one-half of a Pokémon ball that was in his crib became stuck on his face. In December, a 13-month-old girl reportedly suffocated when one-half of a Pokémon ball covered her nose and mouth. Also in December, an 18-month-old girl nearly suffocated when a ball-half got stuck over her face. On the second attempt, the girl's father was able to pull the ball-half from her face.
Remedy Instructions
Consumers should immediately take the balls away from children under the age of three. They should discard the ball or return both halves of the ball and the clip to a Burger King restaurant for a free order of small fries. Children can continue to use the Pokémon toy that came inside the ball.
What Should You Do?
Stop using this product immediately. Contact the manufacturer for a Dispose, Replace at no charge. If you experienced an injury, report it at SaferProducts.gov.
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, 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.