NEWARK
– The Office of the Attorney General
through its Division of Consumer Affairs has
filed suit against a Rhode Island company
that allegedly sold yo-yo waterballs to New
Jersey consumers despite a state law banning
sale of the toys.
The
state alleges that Rhode Island Novelty, Inc.
(“RINCO”) sold yo-yo waterballs
through its web site and catalogues to New
Jersey consumers – including schools
and a library through September 2008.
“New
Jersey consumers had to provide their state
location when buying yo-yo waterballs from
this company,” said David Szuchman,
Consumer Affairs Director. “There is
no excuse for allowing banned yo-yo waterballs
to be sold in New Jersey.”
The
Yo-Yo Waterballs Act took effect on April
1, 2008.
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. In some instances, the stretched
cord has wrapped around the throats of children,
causing choking and/or strangulation.
The
state’s three-count complaint, filed
last week in the Superior Court, Chancery
Division, Hudson 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 RINCO 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 RINCO 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 RINCO’s
toll-free telephone number when the sale and
offer for sale of such merchandise is illegal;
and
?
Advertising yo-yo waterballs through the RINCO
website and RINCO 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.
In
June 2009, the state filed suit against an
Indiana-based company for similar violations.
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.
Deputy
Attorney General Jah-Juin Ho of the Consumer
Fraud Prosecution Section is representing
the state in this action.
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