neodymium magnet spheres constructed in the shape of a cube

neodymium magnet spheres used to form different shapes

Neodymium magnets, usually small spheres, have been manufactured as educational toys. In several cases, children swallowed them, and injured their intestines, resulting in at least one death. As a result, regulatory agencies banned them, and the magnets are no longer marketed as toys. This led to a debate over the risks of toys and parental responsibility.

Product positioning controversy [edit]

In 2009, a number of US companies decided to repackage sphere magnets and sell them as toys. Despite existing toy regulations at the time, Maxfield & Oberton, maker of Buckyballs, told the New York Times that he saw the product on YouTube and repackaged them as Buckyballs.^[1]

Recalls [edit]

Buckyballs launched at New York International Gift Fair in 2009 and sold in the hundreds of thousands before the US Consumer Product Safety Commission issued a recall on packaging labeled 13+.^[2] According to the CPSC, 175,000 units had been sold to the public. It is not known how many sets were actually returned. Buckyballs labeled "Keep Away From All Children" were not recalled.

Subsequently, Maxfield & Oberton changed all mentions of “toy” to “desk toy”, positioning the product as a stress-reliever for adults and restricted sales from stores that sold primarily children's products. ^[3]

Further investigation by the CPSC in 2012 found an increasing trend of magnet ingestion incidents in young children and teens. The commission cited hidden complications if more than one magnet becomes attached across tissue inside the body.

Another recall was issued for Buckyballs in 2012 along other similar products marketed as toys in the USA. Recalls and administrative complaints was filed against other similar US companies. Maxfield & Oberton refused the recall and continued selling their desktop toys. The company launched a political campaign against the CPSC and Craig Zucker, the company's co-founder, debated the safety commission on FOX news.^[4] On December 27, 2012, Maxfield & Oberton filed a Certificate of Cancellation with the Secretary of State of Delaware, declaring that the company no longer exists.

New standards [edit]

On March 12, 2013 the International Consumer Magnets Association formed a new subcommittee under ASTM for the development of product and marketing standards for all high-powered consumer magnetic products.

In the absence of an existing standard for magnetic products outside of toys, the US CPSC issued a new rulemaking proposal in 2012 that purports to ban all loose high powered magnet sets from being sold across the United States, regardless of their application. The CPSC continues to push forward with the topic despite strong consumer opposition,^[5] actively lobbying medical associations, consumer associations, the press and health agencies outside of the US for support.

Safety controversy [edit]

A pattern of Buckyballs

The swallowing of small magnets such as neodymium magnetic spheres can result in intestinal injury requiring surgery. The magnets attract each other through the walls of the stomach and intestine, perforating the bowel.^[6][7] The Centers for Disease Control reported 33 cases requiring surgery and one death.^[8][9] The magnets have been swallowed by both toddlers and teens (who were using the magnets to pretend to have tongue piercings).^[10] Defenders of the toy say that the rate of injury is approximately 1 injury per 100,000 Buckyball sets and less than 1 injury per 21.5 million individual magnet pieces. By comparison, the rates of injury due to dog bites, tennis, skateboarding, or ingestion of poisonous household chemicals are between 100 and 1,000 times higher.^[11] The magnets are marketed to adults, with labels warning of their danger to children.^[12]

United States [edit]

In June 2012, due to a letter by U.S. Senator Kirsten Gillibrand to U.S. Consumer Product Safety Commission Chairwoman Inez Tenenbaum,^[13] the United States Consumer Product Safety Commission filed administrative complaints, attempting to ban the sale of Buckyballs^[14] and Zen Magnets.^[15] Zen Magnets LLC is the first company to ever receive this sort of complaint without record of injury.^[16] In November 2012, Buckyballs announced that they had stopped production due to a CPSC lawsuit.^[17]

Australia [edit]

On 15 November 2012, following an interim ban in New South Wales,^[18] a permanent ban on the sale of neodymium magnets went into effect throughout Australia.^[19]

New Zealand [edit]

On 23 January 2013, Consumer Affairs Minister Simon Bridges announced a ban on the import and sale of neodymium magnet sets in New Zealand, effective from 24 January 2013.^[20]

References [edit]

Wikimedia Commons has media related to: Neodymium magnet balls