NEWARK
– The Office of the Attorney General,
through its Division of Consumer Affairs,
has filed suit against an Indiana company
for selling yo-yo waterballs in New Jersey
in violation of the state law effective on
April 1, 2008 that bans the offer for sale
and sale of the toy.
Indiana
Novelty International, Inc., which does business
as Kipp Brothers, allegedly offered for sale
and/or sold yo-yo waterballs to consumers
in New Jersey through September, 2008.
On
June 3, 2008, Sydney Blacker of Scotch Plains
sustained strangulation injuries from a Kipp
Brothers yo-yo waterball that she received
at her school fair. The yo-yo waterball had
been purchased by her school’s Parent
Teacher Association in May, after the Yo-Yo
Waterballs Act went into effect.
“The
strangulation risk from yo-yo waterballs is
real, as Sydney Blacker can attest. The Legislature
passed, and Governor Corzine signed, the Yo-Yo
Waterballs Act into law to safeguard our children,"
Attorney General Milgram said. "We will
hold those who violate the law accountable.''
Yo-yo
waterballs are inexpensive yo-yo toys that
contain a rubber ball filled with liquid attached
to a rubber cord. The cord has a finger loop
on its end and can be stretched about three
feet when swung.
The
state’s three-count complaint, filed
last week in the Superior Court, Chancery
Division, in Union County, alleges that the
defendant violated the state’s Consumer
Fraud Act, Advertising Regulations and Yo-Yo
Waterballs Act. The allegations include:
-
Advertising, selling and/or offering for
sale yo-yo waterballs to consumers in New
Jersey through the Kipp website when the
sale and offer for sale of such merchandise
is illegal;
-
Advertising, selling and/or offering for
sale yo-yo waterballs to consumers in New
Jersey through Kipp direct mail catalogs
when the sale and offer for sale of such
merchandise is illegal;
-
Selling and/or offering for sale yo-yo waterballs
to consumers in New Jersey through Kipp’s
toll-free number and/or toll-free fax number
when the sale and offer for sale of such
merchandise is illegal; and
-
Advertising yo-yo waterballs through the
Kipp website and Kipp direct mail catalogs
in such as manner as to lead consumers to
believe that the offer for sale and sale
of yo-yo waterballs in New Jersey is legal.
“Purchasers
had to provide their addresses when buying
yo-yo waterballs and the defendants knew they
were transacting business with consumers located
in New Jersey. There is no excuse for violating
the law and placing our children at risk,”
said David Szuchman, Consumer Affairs Director.
Purchasers
of Kipp Brothers’ yo-yo waterballs after
April 1, 2008 included a Shrewsbury dental
practice and the Peapack Gladstone Library,
among others.
The state’s lawsuit seeks civil penalties
against the defendants, restitution for affected
consumers, future compliance with the state’s
laws and regulations and reimbursement of
the state’s investigative and legal
costs.
Those
found selling or offering to sell yo-yo waterballs
face an initial civil penalty of up to $10,000
and up to $20,000 for subsequent violations.
Anyone
who sees yo-yo waterballs offered for sale
in New Jersey can contact the state Division
of Consumer Affairs online at www.nj.gov/oag/ca/ocp/ocpform.htm
or by calling 1-800-242-5846
(toll-free within N.J.) or 973-504-6200.
Consumer
Affairs investigators found and confiscated
more than 1,200 yo-yo waterballs at boardwalk
vendors along the Jersey Shore during inspections
conducted as part of a task force last year.
Another 245 waterballs being offered for sale
at retail stores also were removed from shelves.
Deputy
Attorney General Jah-Juin Ho of the Consumer
Fraud Prosecution Section is representing
the state in this action.
#
# # |
