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NEWARK
– Superior Court Judge John F. Malone
has ordered an Indiana-based company to
pay New Jersey $67,321.50 after finding
the company offered for sale and/or sold
yo-yo waterballs to consumers here despite
a 2008 state law banning the potentially
hazardous toys.
The
Office of the Attorney General, through
its Division of Consumer Affairs, in June
2009 filed suit against Indiana Novelty
International Inc., which does business
as Kipp Brothers. The state contended that
the company violated New Jersey’s
Consumer Fraud Act, Advertising Regulations
and Yo-Yo Waterballs Act by advertising,
offering for sale and selling yo-yo waterballs
to New Jersey consumers after the state
law banning such actions took effect in
April 2008.
In
granting the state’s summary judgment
motion, Judge Malone, presiding in Union
County, found that Indiana Novelty International
Inc. violated both laws and the regulations
and ordered the company to pay $54,300 in
civil penalties plus reimbursement to the
state for $11,899.50 in attorneys’
fees and costs and $1,122 for investigative
fees and costs. The company also was ordered
to comply with all applicable state laws.
“Children
have been injured by yo-yo waterballs, including
here in New Jersey. I’m pleased that
the court found that we proved our case
and awarded an appropriate penalty,”
Attorney General Paula T. Dow said.
Yo-yo waterballs are inexpensive 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.
On
June 3, 2008, then five-year-old 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 from
Kipp Brothers by her school’s Parent
Teacher Association in May, after the Yo-Yo
Waterballs Act went into effect. Sydney
sustained burst blood vessels before her
mother was able to remove the wrapped cord
from around her neck.
“Anyone
who sees yo-yo waterballs offered as a prize
or gift or for sale in local stores should
file a complaint with us,” said Thomas
R. Calcagni, Acting Director of the N.J.
Division of Consumer Affairs. “This
is an issue impacting the safety of children,
one that companies can easily address by
adhering to our law and not selling yo-yo
waterballs in New Jersey.”
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.
Deputy
Attorney General Jah-Juin Ho of the Consumer
Fraud Prosecution Section represented the
state in this action.
Consumers
can file complaints with the 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.
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