Rose Art responds to Magnetix injuries

By Staff -- Playthings, 3/31/2006 1:08:00 PM

WASHINGTON and LIVINGSTON, N.J.—Following several injuries and one death attributed to children swallowing magnets from Rose Art's Magnetix building system, the toymaker and the U.S. Consumer Product Safety Commission today announced the launch of a "replacement program" for consumers who own the toys.

The program, which stops short of a full-blown recall, provides households with children under the age of 6 the option to exchange the Magnetix products they currently own for toys that are more suitable for young children by contacting Rose Art directly. It does not involve removing product already on retail shelves. Details about the replacement program can be obtained from Rose Art at 1-800-779-7122 or online at www.roseart.com.

Rose Art is advising consumers who own Magnetix sets to keep all small magnet parts out of the hands of children who mouth objects, especially children under the age of 3; and to remind older children and adults to keep these parts out of reach of younger children.

"We were deeply saddened to learn of reports of children being harmed by ingesting small parts," said Vic Bertrand, chief operating officer for Rose Art's parent company, Mega Bloks. "As the father of four children and as a member of the family that helped build this business, I am personally committed to safe and creative play experiences for children who use our products. Magnetix products will remain on store shelves and we will continue to market the toys to families with appropriately aged children."

In all, nearly 3.8 million Magnetix building sets were sold between September 2003 and March 2006 at mass-market retailers, including Wal-Mart and Toys "R" Us. The CPSC is aware of 34 incidents involving magnets from Rose Art's Magnetix toys, including one involving a 5-year-old child who aspirated two magnets that were later surgically removed from his lung.

On March 15, the family of 22-month-old Kenny Sweet filed suit against Rose Art alleging the boy died from ingesting magnets from the company’s Magnetix building sets. The magnets are said to have twisted his small intestine and created a blockage that proved fatal while doctors puzzled over what was wrong, according to media reports.

Two additional suits are being brought by the families of two toddlers for injuries that the children suffered after swallowing magnetic pieces from Magnetix sets. Each of the toddlers experienced flu-like symptoms and stomach pains and had to have surgery to remove the magnetic pieces that bonded in their intestines.

Both of the new suits allege Magnetix's design and assembly is defective and that the company should have warned parents about the hazards of swallowing magnets. The families are hoping that the company will be forced to stop selling the product in its current form and are seeking damages for medical expenses and injuries.

Sim Osborn, attorney for all three families, noted that Magnetix packaging mentions a choking hazard for children under 3, but points out it does not address the potentially fatal hazard of swallowing magnets. “Warnings by the medical community of this danger have been available for years,” he said. Osborn contends that “Rose Art was not only aware of the danger, but distributed a defective product to millions of families worldwide and neglected to warn them about potential fatal risks.”

In response to that allegation, Rose Art spokesperson Jennifer Zerczy told Playthings "it would not be appropriate for us to comment on anything Mr. Osborn has to say at this point."

She added that "the [Magnetix] products currently on the shelves meet all applicable U.S. and international safety standards as well as meet our own very stringent internal quality standards."

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