In a state of flux...
David Lovell
Regulatory Expert | Helping businesses to navigate their way through a Complex Regulatory Landscape
Magnets and children do not mix
We spotted a distressing news item last week from Florida last week where a 2 year old toddler swallowed magnetic balls. Not one, but 16 apparently, endangering his life. You might think that is an isolated case, whereas it’s not. Over a 10 year period in the USA alone, there were 4500 cases, leading magnets to be banned in toys.
Magnets and their ingestion can be fatal, and swallowing more than one powerful magnet can lead the objects to attract each other inside the intestines,?puncturing holes inside the abdomen that may lead to blood poisoning.
The?U.S. Consumer Product Safety Commission?has previously pushed?safety alerts?about magnets and their potential danger to children, going as far as banning them for a few years before manufacturers were allowed to use them again in 2016. Let's hope this decision is reviewed asap.
We’re fully aware at DSL Consulting that young children explore their worlds by putting everything in their mouths and biting them, but metal magnets are a grave danger. Manufacturers clearly have some responsibility to take and must take a holistic approach to solving the problem, clearly you can’t just rely on warning labels as Buckyballs did in this case:
However, according to their?website, their magnetic toys appear to include a warning that reads, in part: “Keep away from all children! Do not put in nose or mouth. Swallowed magnets can stick to intestines causing serious injury or death.”
The problem is not restricted to just the States; only this week a boy in Worcester, UK, an 11 year old too, swallowed five tiny tongue piercings worryingly popularised on TikTok.
This has led to action from a number of consumer protection groups. Specifically the NHS 'threw their hat in the ring' and called for a ban last month (May 2021), NHS England ? Dangers of children swallowing magnets prompts NHS call for ban
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Manufacturers must now remove from the market, products containing small magnets which breach the safety requirements of the Toy Safety Regulations or the General Product Safety Regulations.
Specifically, businesses and retail platforms are advised to remove from the market any products that breach the magnetic flux index where there is a risk that magnets may be ingested by a child.
They must also ensure that clear warnings are included with any products that contain magnets, where there is a risk of ingestion and swallowing of them.
The Office for Product Safety and Standards (OPSS), the UK’s national product safety regulator has issued warnings about the dangers of magnets and children with its Chief Executive Graham Russell (my old boss!) stating:
“OPSS has taken this important step because the magnets market is changing, with an increasing number being incorporated into a wider range of products, including jewellery and other novelty items. There have been several incidents involving children and young people swallowing small magnets and there is a very real risk of serious injury or worse. OPSS is working closely with stakeholders and local authorities to gather detailed evidence of the market as a whole and is now taking action against these specific products.”
Clearly if you’re a parent or manufacturer, magnet ingestion is a serious matter. They can cause death, but with small magnets common in jewellery, toys, batteries etc, what more can de done? As stated a holistic approach is required, reach out and we can discuss what that might look like...
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Strong magnets CAN be included with toys BUT they must not become accessible small parts that can be swallowed. This legislation was changed 11 plus years ago and has protected children well. However things have changed recently, There are many toys that illegally release the magnets as small parts and these are not compliant with EN71-1 and the related Toy Safety Directive and Toy (Safety) Regulations. Many of these toys can befound on online platforms. The second source is the cubes of small round magnets which are a current craze. These are often sold as toys but they do not comply with the regulations either and are not toys. Finally there is magnetic jewellery which chilfren are accessing which contain small strong magnets. So in summary compliant Toys sucessfully protect children and have for years, non-compliant toys and “desk executive” products pretending to be toys suitable for children are the problem.