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Re-activateRecently, a product known as Buckyballs raised some questions about how best to apply the age limits and protections of the CPSIA. Buckyballs are comprised of 216 tiny but powerful magnets that can be arranged in a variety of ways. Last year, Rolling Stone chose Buckyballs as its "Toy of the year." The sample we obtained is labeled for ages 13+.
Magnets can pose a real danger to kids when swallowed. In fact, the toy safety standard adopted by the CPSIA prohibits the use of small, accessible magnets in toys because of the risk of intestinal injuries if two or more are swallowed. This put Buckyballs out of compliance with the CPSIA and led to the recent recall of 175,000 sets by the Consumer Product Safety Commission. The recall notice recommends taking the sets labeled "Ages 13+" away from children under 14 and contacting the importer to receive a refund.
In March, the manufacturer changed the labels on the magnetic sets to say, "Keep away from all children" so they are now okay to sell. Had Buckyballs been labeled from the outset as being for ages 14+ as opposed to 13+, no recall would have been required. As ridiculous as that seems, it raises some tough questions: What is a toy? What is a children's product?The CPSC recently sought comments regarding the definition of "children's product." Consumers Union, along with the Consumer Federation of America, Kids in Danger, and Public Citizen jointly offered an opinion on how children's products should be defined. In brief, we think that if a product has intrinsic play value to children 12 and under, it should be subject to all the regulations that apply to children's products.
Such is the case for Buckyballs. Not only is the "toy" fun for adults, my 8-year-old daughter loved playing with it when I brought a sample home to write this post. I watched her make a bracelet and earrings by arranging the small magnets, in addition to all sorts of shapes and designs. Clearly, this is a product that's very attractive to young children but also poses inherent risks. Should it be subject to the safety standard that applies to toys? We think so.
—Don Mays
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