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Calico Critters Choking Lawsuit

Calico Critters Choking Lawsuit

Over 3.2 million Calico Critters toys were recalled after 2 children choked to death and a lawsuit was filed by an angry family.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC is currently accepting Calico Critters induced injury cases in all 50 states. If your child choked on a recalled bottle or pacifier accessory for a Calico Critters toy, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

3.2 Million Calico Critters Toys Recalled After 2 Deaths

In March 2023, toy distributor Epoch Everlasting Play LLC recalled more than 3.2 million Calico Critters® Animal Figures and Sets with bottle and pacifier accessories after two children choked to death.

What Happened?

There were 3 reports of children who choked on Calico Critters pacifiers, including 2 children who died. One death involved a 2-year-old in 2018 in New Mexico. The other fatal incident occurred in Japan in 2015 and involved a 9-month-old child who choked on the pacifier.

The toys were sold at Walmart, Meijer, Amazon.com and other stores from January 2000 through December 2021 for between $10 and $80.

Calico Critters Choking Lawsuit Filed by Angry Parents

In October 2019, a wrongful death lawsuit was filed by the mother of Dakotah D., a 2-year-old girl who choked to death on a toy pacifier accessory that came with a Calico Critters® Yellow Labrador Twins toy.

The lawsuit alleged that “both the baby bottle and pacifier are intended to be placed in the mouth … both represent play versions of real-life objects that a child would place in their mouth.”

The girl’s mother alleges that she bought the Calico Critters toy at a Walmart store in Bernadillo, New Mexico, in May 2018 after her daughter picked it off the shelf. Five days later, on May 10, the little girl tragically choked to death on the loose pacifier accessory.

The toy’s packaging had a “3+” label and was only recommended “for children ages 3 and up.”

Even so, the New Mexico court system concluded that the “flocked toys are categorically intended for use by children under three years of age” and “Epoch Everlasting is negligent” because the toys have small parts that present a choking hazard.

Safety Officials Ban Calico Critters for Choking Hazard

In May 2021, CPSC Commissioner Peter A. Feldman issued a Statement on Flocked Toys after the U.S. District Court of New Mexico concluded that undersized flocked toys and their accessories were “banned hazardous substances as a matter of law.” He wrote:

“For too long, CPSC has dragged its feet on robust enforcement with respect to these products and the choking hazard they present. … There is no ambiguity that these flocked toys are dangerous. Delaying even further enforcement action against these products unnecessarily puts children’s lives at risk.”

Do I have a Calico Critters Choking Lawsuit?

The Schmidt Firm, PLLC is currently accepting Calico Critters induced injury cases in all 50 states. If your child choked on a recalled bottle or pacifier accessory for a Calico Critters toy, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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