Durbin, Rush Hold Chicago Field Hearing on Consumer Safety and Magnetic Toys

Press Release

United State Senator Dick Durbin (D-IL) and Congressman Bobby Rush (D-IL) held a Congressional hearing today on the Consumer Product Safety Commission (CPSC) and the dangers of magnetic toys. As chairman of the Senate Appropriations Subcommittee on Finance Services and General Government, Durbin has oversight authority over the CPSC. Rush serves as chairman of the House Commerce subcommittee responsible for consumer protection.

Durbin and Rush decided to hold the hearing after the Chicago Tribune reported on incidences in which more than two dozen children faced life-threatening injuries from playing with a popular magnetic toy. One child died as a result of the injury. The toy, Magnetix Magnetic Building Sets, uses powerful magnets which, if dislodged, can be swallowed and attract internally, causing severe internal injuries.

"The evasive actions of an uncooperative toy company and the limitations on the agency that oversees them has led to serious injuries of more than a dozen children," said Durbin. "We are here today because these injuries could have been prevented. We need to find out exactly how the system should be changed so this doesn't happen again."

"My committee has jurisdiction over consumer product safety," said Rush, Chairman of the Subcommittee on Commerce, Trade and Consumer Protection of the House Energy and Commerce Committee, who has held two hearings on children's safety and the Consumer Product Safety Commission, including the Magnetix case.

"Although my subcommittee has vast jurisdiction, there is nothing more important than our mission to protect our children. If the federal government cannot deliver on this basic responsibility to help parents keep their children away from avoidable hazards, then we are not doing our job."

The Consumer Product Safety Commission is responsible for protecting individuals and families from dangerous products including toys, child safety seats and power tools. In November of 2005 a child from Washington state was killed after swallowing tiny magnets that had broken loose from a Magnetix toy. In March of 2006, the CPSC announced a voluntary recall of nearly 4 million sets of the popular toy. A voluntary recall asks the toy company to remove the toy from store shelves, but doesn't require it be done. Unfortunately, this made it possible for Rose Art Industries continued to sell the product, despite the known hazard. On April 19th, 2007 an additional recall of another 4 million units was announced.

Testifying at the hearing was Nancy Nord, Acting Chairwoman of CPSC, Dr. Kyran Quinlan of American Academy of Pediatrics, Lisa Madigan, Illinois Attorney General, Nancy Cowles, Executive Director of Kids in Danger - a nonprofit organization dedicated to protecting children, and Sharon Henry, the mother of a child injured by the Magnetix Building Set.

"I am here today as a mother to tell the frightening story of what happened to my little boy, Deron," Mrs. Henry said. "I am also here as a concerned consumer to ensure that this tragedy does not happen to anyone else."

Two years ago, Deron Hyman swallowed magnets which had broken off of his Magnetix toy set. After complaining about stomach pains, Deron was rushed to the hospital where he underwent emergency surgery for a perforated bowel. Deron survived, but may suffer from dowel obstructions and abdominal pain for the rest of his life.

Following the stories in the Chicago Tribune, Senator Durbin sent a letter to Chairwoman Nord asking for information into the agency's handling of this case. The CPSC's response to the Durbin letter was made available at the hearing.

"A thoughtful reauthorization could strengthen the agency's ability to deal with some of the most vexing consumer product safety problems and emerging hazards," said Chairwoman Nord. "Although the Commission's statutory authority is generally sufficient to deal with the vast majority of safety problems within our jurisdiction, I believe it is in the best interests of consumers to look to possible modernization of these statutes. In the long run, ensuring that the CPSC continues to maintain adequate statutory and resource tools not only will help address existing product safety issues, but also will enable us to continue to anticipate and understand emerging product safety hazards."

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