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Sound Swing Bat

CPSC Recall #92-111 - June 30, 1992

Recall Summary

Recall Number92-111
Recall DateJune 30, 1992
Remedy TypeRefund
Units AffectedApproximately 125,000

Product

Sound Swing Bat

Description

WASHINGTON, DC -- Aviva Sports, Inc. of San Francisco, CA, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), is voluntarily recalling its Sound Swing Bat, model No. 31500. The plastic end cap and internal noisemaker may separate from the bat during use and strike a bystander. The Sound Swing 27-inch baseball bat mimics the cracking sound of hitting a home run when swung properly. The bat is lightweight and has a foam exterior. The bats are sold with and designed for use with an Aviva foam rubber ball. The sound is produced by a noisemaker (located in the end of the bat) that strikes against the plastic end cap when swung properly. With repeated use, the cap and noisemaker may separate from the bat, posing a possible projectile hazard. CPSC was informed of this potential hazard by Aviva Sports as a result of 14 reported incidents with no injuries. Although no product failures were found in standard safety testing conducted by an independent certified laboratory, Aviva Sports is taking this action because of its concern for potential injury. Approximately 125,000 Sound Swing Bats have been sold nationwide since the product's introduction this year. The bat and attached ball sell for approximately $13.00 each. Owners of all Sound Swing bats should stop use immediately and return them to the place of purchase for a full refund. Consumers may also mail the bat back to Aviva Sports for a full refund plus reimbursement for postage. If the bat is returned by mail, in addition to the full refund and postage reimbursement, Aviva is offering a $2.00 discount coupon toward the purchase of any Aviva product. Consumers may return the bats to: Nancy Nelson, Aviva Sports, Inc., 15930 E. Valley Blvd., City of Industry, CA 91744. For further information about this voluntary recall, consumers may call Aviva Sports toll free at: 1-800-524-0571. The U.S. Consumer Product Safety Commission is joining Aviva Sports in announcing this recall as part of its mission to protect the public from possible injury.

Hazard

The plastic end cap and sound maker inside the end cap may separate from the bat during use and strike a bystander.

Remedy Instructions

Discontinue use immediately and return Sound Swing bat to place of purchase for a full refund. Consumers may also return bat by mail.

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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