Washington - U.S. Senator Robert Menendez (D-NJ) urged the Consumer Product Safety Commission (CPSC) to approve a proposed product safety directive that would prohibit the manufacturing and sale of small, high-powered magnet sets like "Buckyballs, Buckycubes, and Zen Magnets" which have caused internal injuries to dozens of children.Earlier this year, Menendez called on the agency to look into reports of injuries caused to children who swallowed the magnets, which were marketed and sold as toys.

"Clearly, no warning label is going to be enough to stop a curious child from swallowing these powerful magnetic 'toys,' which evidence has proven are highly dangerous," said Menendez. "That means we must protect our children by removing the danger altogether and I urge the commission to approve this action."

In a letter to Senator Menendez on August 21, CPSC Chairman Inez Tenenbaum informed the Senator that CPSC "experts do not believe warnings will ever be effective to protect children from this hidden hazard."

Last month, in response to Senator Menendez's request for action to ensure these high-powered magnets were not marketed or distributed in a way that could result in injuries to children, the CPSC filed an administrative complaint against the Buckyballs and Buckycubes retailer, ordering them to stop selling the products, notify the public of the hazards they pose to children's safety and offer consumers a full refund. Later, the commission filed an administrative complaint against an additional retailer and received voluntary agreements from a number of retailers to temporarily cease selling the products, including 11 that imported the magnets from China.

FULL TEXT OF SENATOR MENENDEZ'S LETTER TO CPSC CHAIR:

March 6, 2012

Dear Chairman Tenenbaum,

I am concerned about the increasing number of reports to the Consumer Product Safety Commission (CPSC) indicating that high-powered magnets and small batteries continue to be a safety risk to children. I am especially disturbed to learn that Payton Bushnell, a three-year-old child, was recently hospitalized after swallowing multiple marble-sized magnets, and I am very relieved that she recovered. I am writing to urge you to continue to work with manufacturers and retailers of these products to ensure that they are appropriately distributed and marketed. I am also asking that you please advise me about whether legislation is required to ensure our children's safety.

I appreciate the recent warning issued by the CPSC regarding the dangers that these magnets pose to children. Given that there have been 22 incidents involving injuries to children between the ages of 18 months and 15 years old, these products clearly pose a risk to a large number of children.

While I appreciate that the manufacturers of these items include warning labels on these products stating that the products are intended for older youth and adults, I am particularly concerned that retailers sell these magnets through toy stores and product packaging that appears to suggest the items are toys. For example, the Nanosphere magnetic desk toy includes a warning label stating that the product is intended for individuals over the age of 14 years, but this product is sold by an online toy store, and at first glance, it appears to be a toy. Manufactures should take greater care to ensure these products are not sold in toy stores or marketed in ways that suggest they are toys. I urge you to continue to work with the companies that sell these products to ensure that they are marketed appropriately as adult items.

I am also concerned about button-sized batteries, found in remote controls, toys, calculators, and bathroom scales, that have also led to an increasing number of accidental ingestions. These batteries appear to create a similar risk of injury to children, and I urge you to continue to work with the manufacturers of these products as well.

Given the safety risk posed by these products, I urge you to please advise me as to whether legislation would assist in ensuring that these products are not inappropriately marketed or sold through toy stores. I look forward to your continued efforts to protect children from these products and look forward to hearing from you.

Sincerely,

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