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Is Proposed Recall on Magnet Toys Unfair?

ABC News(NEW YORK) -- Buckyballs, a toy made up of small magnetic beads that can be molded into different shapes, is one of the most popular office toys on the market.

Marketed to adults as a stress reliever and a cure for cubicle boredom, more than two million Buckyballs have been sold in the United States. The beads are shiny, sculptural and irresistible to play with, but they can also be dangerous.

At just 20 months old, Presley Bjarnson was hospitalized after he swallowed 18 Buckyball beads last month. His mother, Laura Bjarnson, who said she never saw the warning labels on the toy's packaging, had accidentally left the toy out where Presley could reach it.

When she discovered Presley with the toy, Bjarnson said she didn't know at the time if her son had swallowed the magnets. But Bjarnson, who is a registered nurse, took Presley to the pediatrician the following day as a precaution. An X-ray showed a ring of 18 Buckyballs lodged in his stomach.

As these high-power magnetic beads travel through the body, doctors say they can stick together, pinching tissue and ultimately puncturing holes in the thin intestinal lining.

The U.S. Consumer Product Safety Commission said Presley is just one of an estimated 1,700 people who have been hospitalized in the past three years after ingesting these kinds of magnets. As a result, the CPSC is demanding that Buckyballs and several high-power magnetic toys from other companies be recalled immediately.

But Buckyballs CEO Craig Zucker is not willing to give in.

"This is the first time in 11 years a company has said to the commission, 'We don't agree a recall is necessary,'" he said.

The company is challenging the proposed ban because, Zucker argues, Buckyballs are not defective and they are marketed as an office toy, clearly not intended for or marketed to children.

"We're not in Happy Meals. We're not on Saturday morning cartoons. We're in adult stores … places you would go to find something for your dad on Father's Day," Zucker said.

By demanding he stop selling his product, Zucker believes the CPSC has gone too far. In the wake of the proposed ban, he launched an online campaign called "Save Our Balls," which has sparked a national debate on the role of big government.

Zucker said his company has tried to reach a compromise with the government. Namely, he has taken steps to educate consumers about magnet safety and pointed out that Buckyballs packaging carries clear warnings to parents.

"[Warning labels are] on the top, the side, the carrying case. It's on the instructions," he said. "I would say it's impossible to miss the warnings. They're all over the place."

But the CPSC said these warning labels do not go far enough because they don't "travel with the product," meaning once the toy is removed from the packaging, there is nothing to expose its potential dangers or stop children from "facing serious injuries."

Presley Bjarnson, who was eventually rushed to the hospital where doctors were able to remove the 18 Buckyballs without major surgery, has since made a full recovery.

The Consumer Product Safety Commission wants to regulate the production of future magnetic office toy products to make them safer by making magnets larger, so they are more difficult to swallow, and less powerful.

In the meantime, they are determined to get all existing toys out of kids' hands and off store shelves as soon as possible.

For now, Buckyballs can still be purchased in specialty stores and on the company's website. Zucker said he is holding out hope for a compromise.

Copyright 2012 ABC News Radio

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