In a previous product liability blog we discussed the unusual use of the “responsible corporate officer” doctrine (Park doctrine) by the CPSC in the Buckyballs recall. Last Monday The CPSC announced that they had reached a settlement agreement with Craig Zucker from Brooklyn, NY, to recall the small Buckyballs and Buckycubes. The settlement calls for Craig Zucker to fund a Recall Trust that will be controlled by the CPSC. The Recall Trust will be used to provide a refund to consumers who return the magnetic sets.
Buckyballs are made of rare-earth magnets. They are described as toys for adults but they pose a swallowing hazard for children and teens. If a child swallows more than one magnet, the powerful balls can pull together inside his or her digestive system, potentially causing internal injuries that the CPSC has described as similar to “a gun shot wound to the gut with no sign of entry or exit.”