Posts Tagged ‘“defective products”’
Deck the Halls, But Decorate Safely
Immediately replace holiday decorations and power appliances that are in poor condition. Another year of use could result in injury.
Though a time for joy, the holidays can also set the stage for potential injuries, as we rush, stress, decorate and wrap. Surprisingly, you may discover some of the most dangerous hazards right in your own home, among the holiday decorations and boxes you pull of storage to deck the halls.
While colorful and festive, holiday decorations contribute to many injuries each year. During 2019, nearly 15,000 people were injured in holiday decorating incidents and treated in emergency rooms, according to the Consumer Product Safety Commission (CPSC). Nearly half of these injuries involved falls. Many others are injured each year after the decorations are hung, by defective or poorly-made products or decorations that are set up unsafely.
Unlike some situations, you have control of your home and can take steps to protect yourself, your family and holiday guests.
Start by simply walking around your home and checking your holiday decorations and your Christmas tree, if you have one. Make sure all your decorations are out of reach of young children and put away all tools, such as ladders and hammers, or boxes you may have left out while decorating.
Watch for unsafe products, such as those which arrive in questionable packaging or contain broken or small parts. Manufacturers have a responsibility to design products and provide reasonable warnings for safe use. There can be a high cost when manufacturers or others in the supply chain neglect their responsibilities in the rush to sell, or when individual sellers on Craigslist or Facebook Marketplace offer used goods without the original packaging. But it can happen and ruin a family’s holiday – unless you recognize the risk and act to prevent injury.
Use Caution While Hanging Holiday Decorations
Still have some decorating to do? Remember not to rush. During a season of merry and bright, you want to be safe and avoid injury. Holiday decorating can cause a range of injuries, from passing muscle strain to broken bones, though injuries can be much more serious, resulting in head injuries and even permanent disability. At a minimum, many people experience some muscle strain the next day after reaching and climbing. Planning can help!
So make a decorating plan. Team up with a family member or a friend so you have help carrying heavy boxes or using ladders or step stools.
Consider whether you are physically up for holiday decorating. As you get older, you may not be able to take on the same physical challenges. Acknowledge this before you start.
While you may be thinking, “Bah humbug,” you can still decorate. Just make a few adjustments for safety or to account for your late start. You can hang fewer holiday lights and hang them lower so you can stay off ladders, which are associated with many fall injuries during the holiday season.
Decorators of all ages should consider the cold weather. Even without snow or ice, you face a greater risk for muscle strain and injury during cold weather. It is never safe to climb a ladder in snow, ice, rain, winds or at night.
Water Your Christmas Tree Regularly
If you celebrate Christmas, your tree is the center of your holiday season, where you gather for family photos. But you should only purchase a live tree if you are home and have time to care for it.
Just as they bring joy, Christmas trees can cause devastation if they dry out and catch on fire. Each year, fire departments respond to an average of 160 Christmas tree fires across the U.S., resulting in injuries, deaths and millions of dollars in direct property damage, according to the National Fire Protection Association. These experiences can change a family and the holidays forever.
If you have already brought your tree inside, you may have cut 2 inches off the bottom before placing it in the tree stand. Now, your concern is watering the tree.
Regularly water your Christmas tree and keep it away from fireplaces and heating devices, which can accelerate drying out. The National Christmas Tree Association recommends that families check their tree daily and make sure the water level does not fall below the base of the tree.
Your Christmas tree stand is one of your most important holiday decorations in terms of safety. Choose one which can hold enough water to support your tree’s needs throughout the year. As a general rule, the association recommends stands provide one quart of water per inch of stem diameter.
If you are not up for a live tree, go artificial. Make sure your artificial Christmas tree is marked “flame-resistant.”
Watch for Defective Products and Check Holiday Extension Cords for Safety
Closely examine holiday decorations and equipment before you start decorating. Your trusted tools and supplies may have been recalled for safety since your last use or may not work well with newer products you have purchased.
Check ornament boxes for cracks; make sure ladders and foot stools are in good working condition, if you have to use them. Extension cords should be free from damage and cracks.
This is easy to forget. Many of us reach for extension cords after we start setting up decorations, not first. But here are a few points for safety on extension cords:
- Extension cords should be tested by a nationally recognized testing laboratory, such as Underwriters Laboratories (UL), Intertek (ETL) or CSA Group Testing and Certification. Similarly, holiday lights should also be tested.
- You should only use one extension cord at the most, so measure and buy one that meets your needs.
- Make it a habit to check for safety recalls before you plug your holiday extension cords in. Just visit www.cpsc.gov and search for extension cord recalls
- Replace your extension cords every few years. You trust these cords to light up your holiday and protect your family and home over the years, yet you expose them to more wear and tear than other products when you string them around your tree, furniture and take them in and out of storage each year.
Keep a Safe Home for Holiday Guests and Children
Consider what may be in a child’s reach or limit an older guest’s mobility. Move ornaments and decorations with small pieces and sharp edges out of reach. Remember children are curious and may pull at decorations or small broken lights found under a tree or plastic packaging you may have dropped while wrapping gifts. A child could find these, put them in their mouth and choke or suffocate – the worst thought for the holiday season.
Look beyond your holiday decorations as well. You may not be able to see all the hazards, so think about how your home products are powered. For example, flashlights and electric holiday lights may contain small button batteries, which a young child could find and swallow. So may your remote controls, including those you use to manage your holiday lights, and these can be too easy for children to open. You may treasure the holiday cards you receive, but these can also tempt children. Tuck away cards with removable pieces.
It is critical to think about fire prevention, especially before you invite guests into your home. Take a moment to test your smoke alarms. As we mentioned above, keep holiday decorations away from working fireplaces and stoves. Turn these appliances off when you have guests over and skip candle use for holiday ambiance or at the holiday meal.
Finally, we often hang or position decorations near entrances or hallways where people can enjoy them. This can bring joy, but block access to essential exits if a fire ever broke out. It is best to enjoy these somewhere else and keep all entrances and hallways clear.
Free Legal Consultation – Boston Personal Injury Lawyers
Breakstone, White & Gluck specializes in personal injury law, representing those who have been injured or killed by negligence across Massachusetts, including in Boston, Cambridge, Somerville and Arlington.
With more than 100 years combined experience, our lawyers have been recognized among the top personal injury attorneys in Massachusetts and New England. We represent clients in all areas of personal injury law, including injuries and wrongful death resulting from defective products.
If you have been injured by someone else’s negligence, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or use our contact form.
FDA Warns Public About Dangerous Hand Sanitizers
In Massachusetts, we are washing our hands and using hand sanitizers as much as we can. We all want to do our part to prevent the spread of COVID-19. But now, it’s time to check your supply of sanitizer. The Food and Drug Administration (FDA) is urging the public to steer clear of nine brands because they contain methanol, a toxic substance.
Methanol is often used in industrial settings, where high concentrations of methanol vapor can lead to poisoning, according to the Centers for Disease Control and Prevention (CDC). It is also called wood alcohol and is highly flammable.
Methanol can also be harmful when you handle it or absorb it through your skin, according to the FDA. The greater risk, though, is children or adolescents who may drink or ingest hand sanitizer. Certain adults may also be at risk or may have consumed the clear liquid accidentally. Parents and caregivers should respond immediately if they suspect a methanol hand sanitizer poisoning.
The hand sanitizers identified by the FDA show particularly high levels of methanol. Testing found one product contacted 81 percent methanol and no ethanol.
The FDA had asked Eskbiochem SA de CV of Mexico to remove the hand sanitizers from the market last week. When there was no response, the FDA issued its public warning on Friday (June 19, 2020).
The FDA advises consumers to avoid these hand sanitizers:
- All-Clean Hand Sanitizer (NDC: 74589-002-01)
- Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
- CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
- Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
- The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
- CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
- CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
- CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
- Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)
The agency advised consumers to carefully inspect sanitizers in their home before use and immediately dispose of these in appropriate hazardous waste containers. Consumers should not flush sanitizer or pour it down the drain. Read the FDA notice.
Symptoms of Methanol Poisoning
Methanol exposure can lead to methanol poisoning and severe symptoms, starting with nausea, vomiting, headache and blurred vision. In the worst cases, those exposed can suffer permanent blindness, seizures, comas or permanent damage to the nervous system. Methanol poisoning can also result in death.
How Safe is Your Hand Sanitizer?
Hand sanitizer was in short supply for months. But you can now probably find your own bottle. If you use hand sanitizer, make a point to carry your own. Carefully read the label and regularly check the FDA website for recalls.
Hand sanitizer is a clear gel. It all looks the same, but each brand has a different alcohol content. For instance, your small pocket sanitizer probably has less alcohol than a nursing home or hospital, which has to meet greater fire safety regulations.
Our point is it would be hard to tell if you were being offered sanitizer with a high level of methanol or any dangerous substance. It’s better to control your own supply. Read about the FDA’s work to ensure the safety of hand sanitizers.
Wash Your Hands Safely
The FDA reminds consumers to regularly wash their hands often with soap and water for at least 20 seconds. When soap and water are unavailable, the CDC recommends an alcohol-based hand sanitizer which contains at least 60 percent ethanol. Visit the FDA’s website to learn more about hand sanitizer safety.
Free Legal Consultation – Boston Personal Injury Lawyers
Breakstone, White & Gluck has extensive experience representing those injured by defective products, including those which contain toxic chemical substances.
Manufacturers of cleaning supplies, hand sanitizers and detergents have a responsibility to produce safe products and conduct thorough testing before distribution. End users, including restaurants, industrial workplaces and labs, also have a responsibility to follow safety guidelines when using chemical products. Mishandling chemicals can lead to chemical exposure, fires or serving clients unsafe food and beverages.
If you have been injured by a chemical exposure or explosion, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.
Infant Sleeper Recalls Continue Nearly a Year After Fisher-Price
Nearly a year after the Fisher-Price Rock ‘n Play recall, the work continues to remove unsafe sleepers from the market.
After more than 70 infant deaths involving inclined sleepers, the Consumer Product Safety Commission (CPSC) and lawmakers continue working to prevent injuries.
The CPSC recently announced the recalls of over 165,000 infant sleepers from four companies: Summer Infant, Evenflo, Delta Enterprise Corp. and Graco. Thankfully, these recalls are not related to any deaths or injuries. They are part of the CPSC’s ongoing work to protect children after Fisher-Price’s startling revelations about its Rock ‘n Play, which has been linked to dozens of infant deaths. However, these models have not been linked to injuries, according to the CPSC and at least one company initially refused the CPSC’s efforts.
Graco is recalling the largest number of units, 111,000 Graco Little Lounger Rocking Seats. Sumr Brands is recalling 43,000 SwaddleMe By Your Bed Sleepers. Delta Inclined Sleepers is recalling about 5,900 units and Evenflo has about 3,100 units involved in the recall.
If you own one of these sleepers, you can read the recall notices on the CPSC website. You should be able to contact the manufacturer and return your sleeper for a cash refund or a voucher.
Consumers are urged to stop using the inclined infant sleepers. It is better to return the infant sleepers, rather than discard them in the trash.
Fisher-Price Rock ‘n Play
Parents received the first frightening warning about inclined infant sleepers last April, when Fisher-Price issued an advisory for parents, initially announcing 10 babies had died in the sleeper after turning from their back to their stomach, then suffocating. The company warned parents not to let children use the sleeper after 3 months old.
Within days, facing outrage from parents and new allegations, Fisher-Price acknowledged more deaths and had to replace its advisory with a recall notice for 4.7 million Rock n’ Play sleepers. Because this product was sold for 10 years, this has been a massive recall. Adding to the challenge is so many companies have followed Fisher-Price’s lead and developed similar inclined sleep products.
After Fisher-Price, we learned that Kids II was also facing allegations that several infants had died in its sleepers. The company recalled 700,000 products in late April, just a few weeks after Fisher-Price took action.
Federal Legislation to Ban Inclined Sleepers
The CPSC has been working with other companies to identify unsafe sleepers while advising consumers not to use inclined sleep products. The Fisher-Price sleeper and other models are dangerous because they sit at a 30 degree incline. Babies can roll over and suffocate. The American Academy of Pediatrics (AAP) advises parents to put infants on flat surfaces to sleep and remove blankets, toys and other items. Researchers from the University of Arkansas have also recommended flat surfaces for sleeping and have said any incline should fall under 10 degrees.
Federal legislation has been proposed to ban inclined these sleepers altogether. According to Consumer Reports, the Safe Sleep for Babies Act has already passed in the House of Representatives. If this happens, the CPSC will not have to pursue product recalls one by one and negotiate with each manufacturer.
Boston Product Liability Lawyers – Boston Personal Injury Lawyers
Free Legal Consultation
Breakstone, White & Gluck has over 100 years combined experience representing those injured by the negligence of others in Massachusetts. Our attorneys have extensive experience in the area of product liability and defective products. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676 or use our contact form.
Voluntary Safety Standard Unlikely to Prevent Children’s Magnet Injuries, Advocates Warn
There is a disturbing new report out about children ingesting rare-earth magnet sets at an accelerated rate since 2016, when the industry overturned a federal sales ban in court. The magnet industry now markets these powerful cluster sets to adults, but children continue to swallow them. Parents can take precautions by double checking holiday gifts and discarding any of these products.
The Consumer Product Safety Commission (CPSC) issued a rule banning the small rare-earth magnet sets in 2014 after hundreds of children reportedly ingested the magnets. The rare-earth magnets were (and still are) about 10 times as strong as other magnets. The CPSC’s ban required magnetic parts to have a lower force of attraction of 50 kG² mm² or less.
According to The Washington Post, child ingestions had dropped after the ban was implemented. Injuries dramatically rose between 2017 and 2019, with an estimated 1,580 ingestions this year.
Magnet makers are now working to establish a voluntary safety standard to avoid future attempts at regulation. With the committee votes due in January, The Washington Post reports safety warnings may be added, but actual product changes are unlikely.
The Washington Post reported on many aspects of the process, including:
Voting members. The ASTM International organization oversees the process for creating voluntary safety standards for consumer products. The committee set to vote includes safety advocates and magnet industry officials or those with ties to the industry. CPSC staff is involved, but do not lead the process.
One potential issue is the number of voting members has shifted recently from 36 to 33, according to The Washington Post. The magnet industry can only represent 49 percent of the vote according to ASTM guidelines, but the industry and members with ties to the industry accounted for 55 percent of the vote when the story was published. The newspaper also reported some of the voting members were incorrectly categorized.
No agreement on magnet size. Some of the committee members want to make the magnets too large to swallow and/or decrease the strength to reduce the risk a child’s risk of organ damage. These committee members asked about increasing the magnet size to 1.25 inches in diameter. This would fall more into line with the federal “small parts” law which requires toys to carry a choking hazard warning if any parts fit through a cylinder with this diameter. The bottom of the testing cylinder is slanted, opening 1 to 2.25 inches. The choking hazard warning must also state, “Not for children under 3 yrs.”
Industry officials oppose, saying the proposal would make the tiny magnets six times as large and also increase the magnet force.
The ballot calls for adding new safety warnings on packaging and a change so consumers can visually check that all the advertised magnets are inside the box. There are no other changes.
While a voluntary safety standard should improve safety, a CPSC commissioner told The Washington Post the process can actually cost lives. Rare-earth magnets are just one story when change isn’t about protecting children, but protecting an industry. As a consumer, take time to really read just what the safety warnings and labels say.
The CPSC offers an online database for product recalls and updates. You may find advisories associated with certain types of products before a formal recall occurs. Other organizations – such as Consumer Reports, the American Academy of Pediatrics and Safe Kids – also publish valuable information and insights. Subscribe to newsletters and learn as much as you can about shopping for children’s products and toys.
Breakstone, White & Gluck shares product recalls on our blog and Facebook page. Read more about rare-earth magnets and magnet gifts for children in our recent blog, “Keep Magnet Toys Off Your Holiday Shopping List.”
About Breakstone, White & Gluck – Boston Product Liability Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck has expertise in handling all types of product liability claims, including those involving defective consumer products, dangerous toys, unsafe vehicles and hazardous medical devices. Our Boston product liability lawyers represent clients who have been injured by negligence throughout Massachusetts, from Boston to Plymouth to Cape Cod, Worcester, Western Massachusetts and the North Shore.
For a free legal consultation with one of our attorneys, call us today at 800-379-1244 or 617-723-7676. You can also use our contact form.
Holiday Toy Safety: Check for Age Recommendations and Choking Hazard Labels
Age recommendation labels are the first tool you have in selecting safe holiday toys. Anyone purchasing toys for young children wants to familiarize themselves with the choking hazard-small parts label.
Warning: Choking Hazard – Small Parts. Not for Children Under 3 Years
Each year, children suffer choking injuries and deaths after consuming food or putting small objects in their mouths. In the late 1970s, the Consumer Product Safety Commission (CPSC) led a three-month study of an estimated 3,800 injuries involving children under age 10. It was determined that children under age 3 suffered more than half of all these injuries. More than 50 children under 3 died in accidents involving small parts.
With those numbers, the CPSC announced the small parts regulation, which became effective on January 1, 1980. Since then, toy manufacturers have been required to test toys and parts using the small parts cylinder test.
This cylinder has a diameter of 1.25 inches. The bottom of the cylinder is slanted, opening 1 to 2.25 inches. Toys which fall through the cylinder must carry the choking hazard – small parts warning and state not for children under 3 years old. Toys may also require labels if they fit through the tube, but break it during subsequent “use and abuse” testing (Source: U.S. PIRG, Trouble in Toyland 2018).
Toys which are too large can be sold without the choking hazard label, though they may require another type of labeling.
Small Parts Warning for Children Between Ages 3 and 6 Years
Any small part intended for children between age 3 and 6 must carry the same labeling: “Warning: Choking Hazard — This toy is a small part. Not for children under 3 years.”
Small Parts Warning – Small Balls
There is a separate federal standard for small balls, according to U.S. PIRG. Balls with a diameter of 1.75 inches are banned for children younger than 3 years of age.
Small balls must carry this age-recommendation label: “Warning: Choking Hazard — This toy is a small ball. Not for children under 3 years.” A similar label is required for toys which contain small balls: “Warning: Choking Hazard–Toy contains a small ball. Not for children under 3 years.”
Toymakers are required to test and use age recommendation labels. All toys intended for children age 12 and younger must undergo third-party testing and meet the most recent version of the federal safety standard, ATSM F963.
But there are times when parents and anyone buying a toy should be skeptical. Toymakers have made errors in labeling and there can be miscommunication between manufacturers and retailers when toys are displayed without packaging. Online product descriptions may not be accurate.
Remember These Toys Have Small Parts!
- Marbles
- Magnets
- Game pieces (such as the Monopoly characters)
- Legos and building bricks
- Small puzzle pieces (and cardboard pieces are a danger because small children can chew them and choke)
- Button batteries
- The clothing and parts on stuffed animals and dolls
- Pens and pencils with caps which can become loose
Additional Toy Safety Standards for Children Age 3 and Younger
While we are talking about small parts, we also want to remind parents of other federal toy safety guidelines for children under 3.
- Toys and children’s products must not have sharp points or edges which can potentially injure children.
- Paints and surface coating cannot contain more than .06 percent lead or other hazardous materials.
- Children’s pajamas, clothing and products which fail to meet flammability limits.
The best way to stay informed is to check the CPSC website for toy safety recalls and product warnings.
Final Points on Toy Safety for Young Children
Carefully inspect all toy sets and stuffed animals before and after purchase. Open boxes, handle the pieces yourself before giving. If you buy online, check if the box matches the online product description. Because of the demand for toys near the holidays, it’s not unusual for shoppers to receive a toy similar to what they ordered.Decide whether the toy will be safe near your child and their siblings. You should always consider younger siblings when buying gifts. If they are not at least 3 or older, wait another year. Also pause if the younger sibling just isn’t ready.
If your children are the right age and ready, purchase a secure container to keep the small parts in. Keep this container separate from other toys in your home and be mindful of not letting small pieces scatter.
Finally, supervise children whenever they play with small parts. Even older children can find themselves in dangerous situations at times when handling small pieces. This is especially true with new toys. So as they play, sit with them at the table or just stay in the room so you can help.
About Breakstone, White & Gluck – Boston Toy Safety Lawyers
Our Boston personal injury lawyers represent clients in all personal injury matters, including motor vehicle accidents, medical malpractice, premises liability, wrongful death and cases involving injuries caused by defective products and unsafe toys. We share our holiday toy safety series as part of our Project KidSafe campaign.
To learn more, visit our toy safety page. You can also visit our website to learn more about our attorneys and their experience.
Keep Magnet Toys Off Your Holiday Shopping List
We urge parents to keep magnet toys off your holiday shopping list for young children. High-powered “rare-earth” desk magnet toys are highly dangerous and there are many painful stories of children ingesting them, then fighting for their lives in surgery. But there are also other types of magnet toys, including magnet tile building sets and magnet construction toys. While these are very popular, this doesn’t mean they are safe for your family. Take time to do your research, read age recommendations and really consider your children’s needs.
Magnet Desk Toys or Cluster Magnet Toys
Read by product type:
Magnet Desk Toys or Cluster Magnet Toys
Tile Magnet Toys
Magnetic Construction Sets
Final Word on Safety
Magnet Desk Toys or Cluster Magnet Toys
Cross desktop magnet sets off your holiday shopping list. These have caused hundreds of children injuries.
The Consumer Product Safety Commission (CPSC) has worked to take desktop magnet toys off the market to prevent injuries to children. The problem is the average set has 125 or 216 strong magnet balls, though some have more than 1,000 pieces. The magnets are tiny and are extremely high-powered.
These magnet sets come apart and can be reassembled into unique shapes. In a child’s hands, the magnet clusters may become a necklace, triangle or whatever formation they imagine. When magnets are put in a child’s mouth, they can attract to each other, causing serious injuries in the digestive system as well as blood poisoning. Children usually require surgery for the intense pain.
New Magnet Safety Standard. Prior to 2014, “rare-earth” magnet sets were required to carry age recommendation labeling of 14 and older. In 2014, the CPSC established a federal toy safety standard which required magnets to be large enough to exceed the CPSC’s “small part” standard for toys or that magnetic parts have a force of attraction of 50 kG² mm² or less, according to the CPSC’s Final Rule: Safety Standards for Magnet Sets. The CPSC safety standard effectively made it illegal to sell “rare-earth” magnet sets in the U.S. and there was a positive response, an 80 percent reduction in magnet-ingested injuries, according to The Journal of Pediatrics.
You may guess young children are at the highest risk. But children age 4 through 12 suffered the most injuries in the CPSC’s analysis of ER visits over 5 years, from 2009 to 2013. According to the Federal Register dated October 3, 2014, the agency concluded an estimated 2,900 children had suffered magnet ingestion injuries. Children age 4 through 12 suffered 1,900 injuries – or 65 percent.
Tile Magnet Toys
For all this work, in 2016, the 10th Circuit of Appeals ruled the CPSC’s pre-requisite factual findings were “incomplete and inadequately explained.” The Court vacated the safety standard and remanded it back to the CPSC for further proceedings.
The lawsuit had been filed by Zen Magnets, one of the “rare-earth” magnet makers. The company is now selling its products again, under the Buckyballs and Mandala names, according to Tech Crunch. Again, we stress, please don’t buy these toys, especially if you have children or a pet. The parts are small and scatter easily. If you don’t find our blog compelling, we encourage you to read this article in STAT, called “Toy magnets are harming kids again. They need to be banned – for good,” August 6, 2019.
Tile Magnet Toys
Magnet tile toys
These are magnets encased in plastic triangle and square shapes. These are popular, marketed as toys that help stimulate learning and imagination. Some of these are designed for children under age 3, some for children ages 3 and up; others are for age 6 and up. If you do purchase one of these sets, carefully check the age recommendation and secure it in a container out of reach of children.
There has been at least one case of the encasements opening and a child swallowing magnets. Last December, a Wisconsin mother shared her frightening story on social media and the Today Show reported on it. The woman’s 4-year-old son had swallowed 13 magnets from one of the tile magnet kits. After he began vomiting, she rushed him to a local hospital where surgeons had to remove part of his colon, intestine and appendix. The product manufacturer was not identified in the story.
The CPSC regularly issues recalls about toys containing small magnet parts. One of the largest recalls involving tile magnet building toys came in 2006, when Mega Brands America, Inc. recalled 4 million Magnetix Magnetic Building Sets. The recall was first announced on March 31, 2006 and re-issued and expanded in April 2007. The CPSC reported one child had died and one child had suffered aspiration. 27 others had suffered intestinal injuries, according to the CPSC news release.
The tragedy could have claimed even more lives; there had been 1,500 reports of magnets coming apart. Although the Magnetix Magnetic Building Sets were labeled age 6 and older, at least 10 injuries involved older children, up to age 11.
Magnetic Construction Sets
According to CBS News, in October of 2006, Mega Brands America settled a lawsuit with 15 victims for $13.5 million.
In 2009, consumers learned there was further wrongdoing in this case. On April 14, the CPSC announced that Mega Brands America, Inc. had agreed to pay a $1.1 million civil penalty to settle allegations that the company (and Rose Art Industries, which it had acquired) had failed to provide timely information about product dangers to children.
Magnetic Construction Sets
Magnet construction sets typically have magnets snap together with other stick pieces.
These sets include plastic rods and balls which can be snapped together with the magnet attraction.
Final Word on Safety
One problem is Consumer Reports found a full range of age recommendations across several popular products – and manufacturers unwilling to answer questions. Since age recommendations are the most fundamental tool consumers have, we recommend steering clear of these.
Final Word on Safety
The CPCS is responsible for overseeing product recalls and a quick search of its database can glean valuable information for parents. Visit www.cpsc.gov and search by product name or type of products. You can also visit the CPSC’s magnet information center.
With magnet toys, product regulations and age recommendations continue to change. They are very challenging to bring into any home safely, but especially homes with children of various ages and development skills and pets. In the end, you must make your own decision, but we urge you to be overly cautious and purchase other toys. There are so many other toys out there which can provide your child with a safe and enjoyable experience.
Breakstone, White & Gluck – Boston Toy Safety Lawyers
Breakstone, White & Gluck is a Boston law firm specializing in personal injury, medical malpractice and product liability. We wish Massachusetts families a safe and healthy holiday season and share our toy safety tips as part of our Project KidSafe campaign.
If you have been injured, contact Breakstone, White & Gluck to learn your legal rights at 800-379- or 617-723-7676. You can also use our contact form.
Takata Airbag Recalls Continue in 2018
The National Highway Traffic Safety Administration (NHTSA) has expanded the Takata airbag recall by 3.3 million vehicles. The question now is how many more recalls are ahead?
So many drivers have been impacted. To date, 34 million vehicles have been recalled, according to the NHTSA website. USA Today reports the airbags are now responsible for at least 20 deaths, while injuring 180 others. Millions of other drivers have had to wait out a slow replacement process.
The U.S. Department of Justice fined Takata $1 billion early last year. Because there are so many defective airbags, the NHTSA plans to issue phased recalls through December 31, 2019. Older vehicles and those in hot and humid states have received the highest priority. The schedule is designed to repair vehicles before the chemical in the inflator starts to break down.
Background
Even as we drove cars with its airbags, many of us had never heard the name Takata until 2014. This was a hard-to-forget year, bringing two of the largest auto recalls in U.S. history. First came G.M., which was forced to recall millions of vehicles with faulty ignition switches. The company went on to pay a record $35 million fine for failure to report the defect. Mary Barra, chairman and CEO of G.M., had to answer to lawmakers on Capitol Hill.
Then came Takata, the subject of that now famous New York Times report. The Times reported that Takata employees had tested airbags and the company knew they were defective years before speaking up. Under federal law, manufacturers have five days to report defects to the federal government.
The U.S. Department of Justice fined Takata $1 billion in January 2017. At the same time, it charged three Takata executives with wire fraud and conspiracy. The fine included $850 million in restitution for automakers who purchased the defective airbags. Another $125 million was set aside for those injured and their families.
What Drivers Should Know Going Forward
Takata airbags use ammonium nitrate inside the airbag’s inflator. When exposed to hot temperatures and humidity, the chemical can become volatile, exploding and shattering metal pieces into the vehicle.
The new recall is for frontal airbags in certain 2009, 2010 and 2013 vehicles made by 15 automakers. The automakers will provide more information about specific models in a few weeks.
If your car is not impacted, that is great news. But your vehicle may be subject to a future recall. Takata has to file five reports with the NHTSA. The fourth and fifth notices are due December 31, 2018 and December 31, 2019.
If your vehicle has defective airbags, call your dealer immediately to schedule a repair. Other drivers can stay informed.
The NHTSA urges drivers to check Safercar.gov or use its Recalls Lookup Tool periodically. If you check it today, remember that vehicles from the latest recall will be added in a few weeks. You can also sign up for recall alerts and check to make sure your vehicle’s registration is up to date. You want to make sure the manufacturer can contact you without delay.
About Breakstone, White & Gluck
The Boston product liability attorneys at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured as a result of someone else’s negligence. If you have been injured by a defective product, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Shop Carefully for Strollers, Car Seats and Holiday Gifts for Families
Ready or not, the holiday shopping season begins in earnest this week. Enjoy shopping for loved ones, but remember to buy with caution, especially when selecting toys and products used by young children. The Consumer Product Safety Commission (CPSC) recalled millions of unsafe toys this year, and also many of the most basic children’s products, including car seats, strollers and furniture. Shoppers should closely examine every purchase. Here are a few holiday shopping tips:
Check for recalls. Search the CPSC database to see if a specific product has been recalled. You can also search by company.
Here are some of the important ones to remember:
Graco Recalls. Graco recalled millions of car seats earlier this year because of sticky-buckles which were trapping children in the seats. Just last week, it also recalled 4.7 million defective strollers which can cause finger amputation. Graco recalled the 11 stroller models after 10 fingertip amputations and one finger laceration. The strollers were sold from 2010 until earlier this month at a number of retailers, including Target, Toys R Us, Walmart, Amazon.com and Walmart.com. Read the recall notice.
Furniture Recalls. Common home furniture also caused child injuries this year. In August, Ace Bayou recalled 2.2 million bean bag chairs after two children unzipped them, crawled inside and suffocated to death. Anyone with one of these defective chairs should call the company for a repair kit to disable the zipper.
Another serious recall impacted in Massachusetts. Earlier in the year, Lane furniture renewed its recall of wooden cedar chests after two children in Franklin became trapped in one and suffocated. The children had apparently been playing hide-and-seek and became locked inside. The company first recalled the chests in 1996, but millions of the defective chests are believed to still be in use without the necessary repair.
In the Massachusetts case, the children’s family is believed to have bought the used chest at a second-hand store more than a decade ago. Second-hand sales are challenging to regulate, as are families and friends who pass along used products to each other. This makes it important to know the characteristics of an unsafe product as well as specific products which have been recalled.
Buy age-appropriate. Read the age recommendation on toys and children’s products. Consider a child’s family. If you are buying for a child with younger siblings, buy something which is safe for all ages in the household.
Be careful buying online. After a product is recalled, it is against the law to sell it in stores or online. But some auction and online listing websites do not police private sellers closely. Avoid these sites when holiday shopping for children.
If you purchase through a merchant website such as Amazon.com, make sure you receive the right product and that it has the same age appropriate label and pieces as shown online.
Beware of suffocation and choking hazards. Avoid balloons, marbles and toys with small pieces which children can put in their mouth. Also avoid small magnets. Remember these things come with many toys, but they also come from other gifts and products that enter a home. For instance, the magnet desk sets which were so popular many years ago for adults turned out to be extremely dangerous for children. In some cases with the Buckyball magnet sets (which have been recalled), children found small magnets years after families brought the set into their home in hard-to-reach places, such as under a couch. Our point is: Please consider every gift carefully.
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Defective Bean Bag Chairs Kill Two Children by Suffocation
More than two million bean bag chairs have been recalled after heartbreaking accidents in which children suffocated and died.
The Consumer Product Safety Commission (CPSC) announced last week that Ace Bayou Corp. of New Orleans, Louisiana has voluntary recalled 2.2 million bean bag chairs, including both traditional and L-shaped bean bag chairs.
The bean bag chairs have zippers which can easily be opened, a violation of the CPSC’s voluntary standard. Children can crawl inside, become entrapped and suffocate from lack of air or choke on the chair’s foam beads.
Prompting the recall were the deaths of a 12-year-old boy from Texas and a 3-year-old girl from Kentucky. The children were found inside bean bag chairs after suffocating. The boy’s mother told the media that the bean bag chair had been in her son’s room for years and she never thought he would climb inside.
The CPSC instructs consumers to check for these bean bag chairs in their homes. For the full list of recalled models, see the end of this blog.
The chairs have two zippers. Consumers can contact Ace Bayou for a free repair kit to permanently disable the zippers. Consumers should take chairs which can be unzipped away from children.
The defective products were sold at Bon-Ton, Meijer, Pamida, School Speciality, Wayfair and Walmart and online at Amazon.com, Meijer.com and Walmart.com. They were sold prior to July 2013 for $30-$100.
Another option is to simply remove these products from your home altogether. Call Ace Bayou and ask them how to safely dispose the product. (Remember, you should never give someone a recalled product or resell it to anyone. Reselling a recalled product is against federal law.)
Bean bag chairs have a history of injuring children. In the 1990s, the CPSC received reports that 5 children died from suffocation inside bean bag chairs and 27 were injured but recovered. It then launched an industry investigation and recalled 12 million bean bag chairs. More than a dozen manufacturers were involved in that recall effort.
More Recall Information
CPSC Recall Notice Read More
Food Recall for Ocean Spray Dried Cranberries
As the Christmas season begins, one Massachusetts company remains bogged down in Thanksgiving, after issuing a recall for its popular dried cranberry snacks.
The day after Thanksgiving, Ocean Spray of Middleboro issued a recall for four package sizes of its Original Flavor Craisins Dried Cranberries product. The company voluntarily recalled the snack because of the possibility packages contained small hair-like metal fragments. The metal fragments resulted from an equipment malfunction on a production line, a company official told Vitals, an MSNBC.com blog.
Ocean Spray said it has received no consumer complaints or injury reports. Dried cranberry snacks are a growing product line for Ocean Spray. Last summer, a company official told the New England Business Bulletin that it was planning to expand its Middleboro facility and produce a third dried cranberry product.
The following Ocean Spray Original Flavor Craisins Dried Cranberries are part of this product recall:
- 5 oz Craisins® UPC: 00293-000
- 10 oz Craisins® UPC: 29456-000 and 29464-000
- 48 oz Craisins® UPC: 00678-318
- 10 lb bulk ingredient & foodservice UPC: 03477-000
Click here to see the full list with production dates for the recalled products.
Consumers who have purchased the recalled products are advised to discard them and preserve the UPC label and best by date. They should contact the Ocean Spray Consumer Hotline at 1-800-662-3263 for a coupon replacement.
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