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Wham-O "Fun Fountain" water toys

CPSC Recall #80-007 - March 9, 1980

Recall Summary

Recall Number80-007
Recall DateMarch 9, 1980
Remedy TypeNew Instructions, Repair
Units AffectedApproximately 100,000

Product

Wham-O "Fun Fountain" water toys

Description

WASHINGTON, D.C. (March 10) -- A program to correct more than 100,000 outdoor "Fun Fountain" water toys which may cause serious injuries to children is being conducted by the Wham-O Mfg. Co. of San Gabriel, California. The firm, in cooperation with the U.S. Consumer Product Safety Commission, voluntarily will supply free corrective water flow control valve inserts for its "Fun Fountain" toys produced from 1977 through November, 1979. The toy consists of a clown hat and head which attaches onto the end of a garden hose so that the hat rises in the air when water flows through the clown's head. Children may be inclined to peer into the water outlet and the stream of water could cause serious eye injuries, especially in communities with high water pressure. CPSC so far has been informed of two consumer complaints since June, 1979, involving a six-year-old boy and a seven-year-old boy who suffered eye injuries when struck at close distance by water emitted from the "Fun Fountain" toys. The Wham-O "Fun Fountain" water toys were sold nationwide in toy stores and variety stores for approximately $10.00 each. The model number of the toy, #237, is imprinted on the toy's package. According to the company, the potential hazard has been corrected on all "Fun Fountain" toys manufactured since December, 1979 when the toys began to be produced with a water flow control valve to decrease and control the water flow. Such new editions are readily identifiable since they are equipped with a blue hose connector (the older design has a red connector) at the base of the clown head. The words "Important Notice" and "Safety Check List" also are imprinted on the new toy cartons. If the hose connector is red but contains a blue insert which is clearly visible, then it also has been corrected and is equipped with a water flow control valve. To correct the potential hazard in "Fun Fountain" toys manufactured before December, 1979, parents are urged to go to the place of purchase to receive a free water flow control valve insert, or they may contact Wham-O directly to receive a free valve insert (Customer Service Dept. 7, 835 East El Monte Street, San Gabriel, California, 91778). Consumers also may telephone Wham-O toll-free at 800-423-4174 (in California, call collect at 213-287-9681). The water flow control valve snaps easily into the hose connector and once installed will remain firmly within the connector, according to the company.

Hazard

The toy consists of a clown hat and head which attaches onto the end of a garden hose so that the hat rises in the air when water flows through the clown's head. Children may be inclined to peer into the water outlet and the stream of water could cause serious eye injuries, especially in communities with high water pressure.

Incidents & Injuries

CPSC so far has been informed of two consumer complaints since June 1979, involving a six-year-old boy and a seven-year-old boy who suffered eye injuries when struck at close distance by water emitted from the "Fun Fountain" toys.

Remedy Instructions

The firm, in cooperation with the U.S. Consumer Product Safety Commission, voluntarily will supply free corrective water flow control valve inserts for its "Fun Fountain" toys produced from 1977 through November, 1979. To correct the potential hazard in "Fun Fountain" toys manufactured before December 1979, parents are urged to go to the place of purchase to receive a free water flow control valve insert, or they may contact Wham-O directly to receive a free valve insert (Customer Service Dept. 7, 835 East El Monte Street, San Gabriel, California, 91778). Consumers also may telephone Wham-O toll-free at 800-423-4174 (in California, call collect at 213-287-9681).

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a New Instructions, Repair 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 (New Instructions, Repair) 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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