The U.S. Consumer Product Safety Commission (CPSC), in response to several state agencies' concerns, announced today that the Nestlé MagicTM chocolate-covered ball, containing a Disney toy figure, does not violate federal safety regulations.
CPSC closely monitors toys for children under 3, and requires recalls when toys violate the law or present a serious risk. CPSC recently issued a recall of Ferrero's Kinder chocolate eggs brought into the U.S. by Kreiner Imports. Each egg contains a toy with small parts that do pose a choking hazard.
Based on the size and shape of the Nestlé product, CPSC concludes the toys do not pose a choking hazard. CPSC examined all 24 toy figures found inside the Nestlé chocolate-covered balls. It was determined none of the figures violates the CPSC small parts regulation. This regulation prevents the sale of items that pose a choking hazard to young children. CPSC tests on the Nestlé product included an evaluation of sharp point hazards and simulation of the use and abuse to which toys are likely to be subjected. No violations were found.
"U.S. federal safety regulations are among the toughest in the world, and do not allow for the importation or distribution of any toy that presents a choking hazard to young children," said David Schmeltzer, CPSC Director of Compliance.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
To report a dangerous product or a product-related injury go online to www.SaferProducts.gov or call CPSC's Hotline at 800-638-2772 or teletypewriter at 301-595-7054 for the hearing impaired. Consumers can obtain news release and recall information at www.cpsc.gov, on Twitter @USCPSC or by subscribing to CPSC's free e-mail newsletters.
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