Buckyballs CEO on CPSC complaint: "How can this happen in America?"

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(CBS News) The company behind Buckyballs is claiming that the federal government unfairly targeted it's business when the Consumer Product Safety Commission issued a complaint to stop sales of the magnetic product.

Gov't complaint halts Buckyballs sales, citing injury risks
3-year-old swallows 37 Buckyball magnets, survives

"Obviously the bureaucrats see danger everywhere, and those responsible people - like our company who have vigorously promoted safety and appropriate use of our products - gets put out of business by an unfair and arbitrary process," Craig Zucker, Founder and CEO of Maxfield and Oberton, which manufactures Buckyballs and Buckycubes, said in a statement. "I don't understand how and why they did this without following their own rules before allowing us to make our case. It almost seems like they simply wanted to put our products and industry out of business."

The CPSC, a federal agency, filed a complaint yesterday against the magnetic adult desk products because of their potential health hazards for children. The consumer watchdog group asked for retailers to stop selling the high-powered rare earth magnets because of the risks posed to individuals that swallow the balls. Already, Amazon, Brookstone and Urban Outfitters have complied.

Currently marketed to adults, the CPSC reported that more than 2 million Buckyballs have been sold in the U.S., as well as 200,000 Buckycubes. Each container has anywhere from between 10 to 216 small magnets.

Problems arose when children began swallowing the tiny balls and using them to mimic cheek or tongue piercings, leading to accidental swallowing. When the magnets are consumed, they can pinch or trap the intestinal walls, leading to inflammation, ulceration or ripping of the intestines. More serious side effects include infection, sepsis and death. Since the outward symptoms mimic the flu, caregivers may delay getting treatment because they think it is a less serious problem.

CPSC spokesperson Alex Filip told CBSNews.com that there were 22 cases of swallowing these magnets from 2009 to October 2011. One of the most high-profile cases was that of a 3-year-old from Portland, Ore., who swallowed 37 magnets. The girl needed surgery after the balls ripped three holes through her intestines.

The American Academy of Pediatrics (AAP)said in a statement that they agreed with the CSPS complaint, adding that the minute size of the magnets made it hard for caregivers to see if one is missing. A survey of North American Society for Pediatric Gastroenterology, Hepatology, and Nutrition members found that there have been more than 60 magnet ingestion cases over the last two years, which necessitated 26 surgeries and involved 23 bowel perforations. It wasn't stated how many of these cases were related to Buckyball or Buckycube magnets.

"As pediatricians, our number one goal is to keep children safe," AAP President Dr. Robert W. Block said. "The powerful, tiny magnets contained in these toys and other similar products have caused unnecessary surgeries, debilitating injuries, irreversible gastrointestinal damage and other lifelong health impacts in infants, children and adolescents."

Maxfield and Oberton pointed out that they made an educational video detailing the dangers of swallowing Buckyballs and Buckycubes in compliance with the CPSC's requests nine months ago. They claimed that the CPSC's action against their $50 million company "unfair, unjust and un-American," especially since there have been less than two dozen misuse cases. While balloons - which were previously determined to be a health hazard by the CPSC - are allowed to be sold as long as they come with an advisory saying "adult supervision required," their product, which has five clearly labeled warnings on its box, is being taken off the shelves, they argued.

"As a small business owner I'm left wondering what to tell my employees and their families. How can this happen in America?" Zucker said.

[boraboy4ever]

I was sad about this, However just export them out of Country and sell them there.

[ez2221]

for the girl that keeps referring to the buckyballs as toys...you are ignorant...it says all over the website and the box...they ARE NOT TOYS AND NOT INTENDED FOR CHILDREN. Ignorance like yours is what is wrong with this country and I hope that people like you wake up!

[snags922]

If you brought your kids up right and you supervise them, your teens should be able to play with Buckyballs safely. These are great toys for teens and adults. Buckyballs are a creative toy that allows the person to use his/her imagination.

Hey, maybe the government will allow them to be sold if they were sold in child-proof pill bottles! Oh...but then adults would start swallowing them! Oh boy...what are we going to do...

Maybe they should put on the label "Keep out of the reach of children and stupid people!".

Bottom line: CAN'T FIX STUPID!!! Let people who want them buy them!

[megaball216]

I support Bucky ball production,even mishap happened.The all things manufactured are poses danger one or another way.Not only kids do mistakes,the adults do ether,and we adults do learn from that mistakes, some times tragical. This is the way people learn,and kids included. When parents leave kids home alone,and tragedy happened,what is going to be with that kid's parents in the America? If some one smart, spill HOT "300F" coffee on self,what he can do in the America? People from CPSC do not have a common sense and must be replaced as unqualified for the American business prosperity and overqualified for the government agency. If kid is hurt it is a parent's neglect. The real world is a danger. It is really too much CPSC.

[User3rr0r]

So some magnets which can cause serious health issues if used irresponsibly are being targeted like this, yet cigarettes when used as intended and cause numerous DEATHS are fine. This government is staffed with a bunch of trolls.

[BrumbyGI]

I am a pediatric gastroenterologist in a mid-size city. Close to once per month we care for a child who has swallowed multiple neodymium magnets (the rare earth metal in Buckyballs). At our single hospital, we have had multiple children require intestinal surgery, more who have required endoscopic removal. There is no national reporting mechanism to count these cases, but extrapolating from our experience - these magnets are seriously harming scores of children. Our only interest as pediatricians is the care and protection of children - see www.aap.org and www.naspghan.org for position statements on is topic.

[Rorschach-13]

You want to protect those kids? Take them away from their stupid, negligent parents! I am sick and tired of everyone else having to pay the price when people want to point fingers at everyone and everything else when something goes wrong with their kid! The first thing the size should tell the parents is either keep them away from their children or better yet, DON'T BUY THEM PERIOD!!!

[curtissumpter]

I couldn't disagree more.

The world doesn't exist to protect children.

Parents exist to protect children.

Watch your own children. You made them. You watch them. Period.

[YoyoBandalore]

The CPSC has lost its perspective. There have been 43 swallowing incidents since 2010 involving magnetic spheres. Since Memorial Day of this year there have been 90 child drownings (see CPSC website). In regards to the drownings, the CPSC recommends a Pool Safely Day. In regards to the magnetic spheres, they propose a BAN. Doesn't this seem a little overboard? If the CPSC ban is successful, it will put at least two small businesses Out of Business. Why can't we have a Magnet Safety Day? Or how about a "What Not to Swallow" Day or "Things You Shouldn't Eat" Day. Come on!

The government cannot mandate common sense. The responsibility lies with the parents and guardians. Where will this stop? Our freedoms are slowly being chipped away. I say to the CPSC, we are NOT children, please do not treat us as such.

I would also point out that the magnetic spheres are not just a toy. They are a valuable learning tool and an art medium. I do not have children, but I do have furkids. I have been using these magnets for years. I have dropped them on the floor. But you know what, I picked them up, I put them in a safe place so my dogs don't get a hold of them. Guess what? My dogs, who eat just about everything, have not swallowed ONE magnet. I accomplished this phenomenal feat by being responsible. I didn't need to call the CPSC or any other government agency for their assistance. I know, amazing right?

Here are few of the things the can be created with magnetic spheres:

http://www.flickr.com/photos/yoyobandalore/sets/72157625822104567/

[mrsbirdsong]

Thank you, I'm so happy to see so many others here that i agree with. Maybe there's still hope. I cant believe there's more Americans out of work now,,, because of so many untrained parents. I would love to what program these people were watching on TV when they let there child go unsupervised and eat a bunch of metal. I have four small children and they would have to be 6ft tall to even begin to look for my balls. I mean my god how stupid can we be??? All we do these days is point the finger a cry wasn't my fault. My grandfather is turning in his grave.

[always_sunny]

210,000 children worldwide are killed by second hand tobacco smoke every year. 500 Kids are killed with guns annually. 750,000 Kids are bitten by dogs. Need I go on? There are way more dangerous things than desk toys. The fact that the CPSC is focusing its attention here is a complete waste of time.

[John_Doe101]

Hary S Truman: The Buck stops here

Barak Hussein Obama: I Stopped the Buckyballs.....

[Rorschach-13]

How does Obama fit into this? He didn't order the ban, nor has it been said if he endorses it. Cite your sources or stop spouting error filled nonsense...

[Wildrider51]

Okay, let me get this straight.

I, a responsible adult with NO CHILDREN, cannot buy myself a package of BuckyBalls, a desktop gadget made exclusively FOR ADULTS as a fun little time-waster, but I could go to the store and purchase an AK-47, which was made for only one purpose -- to kill people.

This country is so ridiculous sometimes it simply boggles my mind.

[petekrut]

Amen brother