July 17, 2012 — Today the Consumer Products Safety Commission (CPSC) announced that toy company Battat Incorporated, of Plattsburg, New York, will pay a $400,000 fine for failing to report a known defect and safety hazard with its Magnabild Magnetic Building Sets, in violation of federal law. The toys contained building blocks that contained magnets. If the magnet fell out of the blocks, they could be swallowed by young children. Magnets are especially dangerous when at least two are swallowed, because if they travel to the intestines and stick together, they can cause perforations or intestinal blockages that can be fatal. Abdominal surgery is usually the only way to remove the magnets.
Battat allegedly began receiving reports of magnet toy injuries in October 2005. The CPSC contacted Battat two years later, in July 2007. At this time, Battat had received 16 reports of magnets falling out of the building pieces, and 2 reports of children ingesting steel balls that were not magnetized.
The CPSC alleges that Battat knowingly withheld the dangers of its magnet toys. Between 2006 and 2007, the CPSC initiated a recall of the Rose Art Magnetix Building Set and published a “Magnet Safety Alert” to inform parents about the risk of ingesting magnets. Millions of magnet toys were recalled at this time due to the risk that magnets could get loose and be swallowed. CPSC staff contacted Battat three times, but Battat did not respond until October 2007. In that response, they failed to notify the CPSC that two other magnet toy products had the same defect.
On January 23, 2008, Battat voluntarily recalled 125,000 Magnabilds. On March 13, 2008, the recall was expanded to include an additional 7,000 Magnabilds. No injuries were reported in association with the toys.
When product manufacturers, distributors, or retailers obtain information about a defect that could potentially present a safety hazard, they have 24 hours to contact the CPSC. This rule is intended to minimize the risk that the product could cause serious injury or death.
Battat has agreed to the $400,000 settlement with the CPSC, and they deny that the Magnabild toys present a serious safety hazard.
Do I have a Magnet Toy Lawsuit?
The Schmidt Firm, PLLC is currently accepting magnet toy induced injury cases in all 50 states. If you or somebody you know has been injured by a magnet 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.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.