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New Jersey Follows Up on Magnetix "Recall"

Feds Allow Toy Construction Sets to Remain in Stores Despite Child's Death

April 4, 2006

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Federal safety officials are allowing a dangerous toy construction set to remain on store shelves despite the death of one child and serious injuries to several others. But in New Jersey, stores are being put on notice that they must post the federal "recall" notice prominently.

Last week, the U.S. Consumer Product Safety Commission (CPSC) issued a recall notice for Magnetix magnetic construction sets after a 21-month-old boy died from swallowing small magnets from the set. The death of Kenneth W. Sweet Jr. was one of at least 34 incidents involving the popular game, which is sold at Wal-Mart, Target, Toys R Us, Fred Meyer, Design Science Toys Ltd., A.C. Moore and other stores nationwide.

But the federal recall does not affect Magnetix sets now on store shelves.

In New Jersey, state and county consumer affairs personnel are visiting retail stores to make sure stores that sell the Magnetix toy sets have posted the CPSC Recall Notice in three places: on the shelf where the Magnetix toy sets are stocked, at the check-out register and at the front of the store.

Under New Jersey law, retailers are required to display notice when "notified by a manufacturer, a distributor or the U.S. Consumer Product Safety Commission of a defective or hazardous toy or other article intended for use by children...if the dealer has carried or normally carries such item."

"We will be checking to make sure retailers that carry the Magnetix sets are disclosing the potential hazard of this product to the public as legally required," Attorney General Zulima V. Farber said.

The CPSC reported 34 incidents to date involving the small magnets in the Magnetix sets. Kenny Sweet died after he swallowed magnets that twisted his small intestine and created a blockage. Three children ages three to eight sustained intestinal damage that required surgery and hospitalization in intensive care. A five-year-old aspirated two magnets that were surgically removed from his lung.

"These incidents are vivid reminders that we need to protect our youngest and most vulnerable residents," Consumer Affairs Director Kimiberly Ricketts said. "The danger is real, and working with retailers, we hope to prevent further tragedies."

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