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PostPosted: Thu Jul 26, 2012 3:30 pm 
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Hahaha! Sorry, didn't mean to nit-pick. Came out more argumentative than I intended it.


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PostPosted: Thu Jul 26, 2012 3:44 pm 
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PostPosted: Thu Jul 26, 2012 4:19 pm 
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For the record; Consumer Product Safety Commission

Wiki wrote:
The United States Consumer Product Safety Commission (CPSC) is an independent agency of the United States government created in 1972 through the Consumer Product Safety Act to protect "against unreasonable risks of injuries associated with consumer products." The CPSC is an independent agency that does not report to nor is part of any other department or agency in the federal government.[2] The CPSC is generally headed by three commissioners nominated by the President of the United States and confirmed by the Senate for staggered seven year terms.[2] The commissioners set policy for the CPSC. The CPSC is located in Bethesda, Maryland.[1]


According to their biographies, two of the three Commissioners were appointed by Obama, one by Bush (her term expires in Oct).


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PostPosted: Thu Jul 26, 2012 4:51 pm 
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So, according to this blarticle, 'BuckyBalls' have been 'banned'.
http://news.yahoo.com/blogs/technology- ... 14700.html

yahoo news wrote:
The ban is the agency's first in the last 11 years, and apparently there's a solid reason behind it. If swallowed individually, Buckyballs could possibly reattach somewhere in your intestines, damaging tissue to the point where surgery would be required. According to an American Academy of Pediatrics report, there were 60 magnet ingestion cases over the last two years which resulted in 26 surgeries. At least 22 of these cases were connected with Buckyballs.


But according to the Buckyballs.com website, they are not banned...

buckyballs.com wrote:
You might have heard there's a problem with our products...
THIS IS NOT TRUE.
A government agency (the Consumer Product Safety Commission) is saying they should be recalled because children occasionally get ahold of them. This is unfair. We market exclusively to adults. We are vigorously defending our right to market these products you love. Let us know how you feel about this: Comment on Facebook; send a tweet; tell your friends; complain loudly; or just buy a set to stick it to the CPSC. Read more here.


Citing the article, 60 cases, 26 surgeries (no fatalities)... and this is enough to justify banning a product?

Well, technically, they aren't 'banned', but retailers are being forced to stop selling them..

buckyballs.com wrote:
Before filing the lawsuit and giving Maxfield and Oberton (Manufacturer) the opportunity to defend itself and its products, CPSC systematically began contacting its retailers giving them 48 hours to tell the government that they would stop selling Buckyballs® and Buckycubes™. Some retailers capitulated to this so-called voluntary request for fear of retribution if they did not acquiesce.


buckyballs.com wrote:
You can't miss the clear warning label to keep them away from kids on 5 different places on each box, and in accompanying instructions. A public awareness campaign about magnet safety with videos distributed by the government and a special web site (http://www.magnetsafety.com) was launched several months ago, with the full cooperation of the CPSC.


Image

Craig Zucker, Founder and CEO of Maxfield and Oberton wrote:
As a small business owner I'm left wondering what to tell my employees and their families. How can this happen in America?


Your government in action!


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PostPosted: Thu Jul 26, 2012 5:56 pm 
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Yeah, it appears they haven't been banned. The government has simply coerced all its distributors into blacklisting them.

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PostPosted: Thu Jul 26, 2012 6:01 pm 
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I guess I'm going to have to buy a couple more sets...


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PostPosted: Thu Jul 26, 2012 6:13 pm 
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Hundreds of thousands, possibly as many as a million people get concussions playing contact sports across all levels every year.

How many children are killed, or seriously injured riding bicycles, or tricyles ? Why are these things not banned?

Statistically, you would be better off letting your kid play with a truckload of buckyballs than let them ride their bicycle or play a contact sport.


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PostPosted: Thu Jul 26, 2012 7:32 pm 
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I'm pretty sure it has to do with the fact that the magnets "target" very small children, whom we feel the need to protect most.

The product itself also facilitates the injury, there's nothing that does that in contact sports. I doubt a lot of people were complaining when they banned jarts, for example.


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PostPosted: Thu Jul 26, 2012 8:07 pm 
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I guess you missed this statement linked above..

buckyballs.com wrote:
We market exclusively to adults.


and this one...

buckyballs.com wrote:
Maxfield's customers love their products and Buckyballs has grown into a well-known brand in only a few years. Like a lot of products, they are not marketed or intended to be used by children. The company markets them exclusively to grown-ups and teenagers (14+), developed its safety program in cooperation with CPSC with responsible marketing steps and appropriate warnings to keep them out of children's hands.


and the image I linked above, which is plasted all over their website, and the outside of their packaging.

Image

If you go look at their website, it's obvious they are marketing these things as office desk/cubicle amusements, and not childrens toys.

Balloons on the otherhand, which are sold in toy stores, and are marketed towards children, kill more children than magnets do, and no one has endeavored to 'ban' them.

buckyballs.com wrote:
Maxfield believes the CPSC is now taking the absurd position that warnings can never work. By doing so, CPSC has called into question the efficacy of all of the warnings the agency relies upon including its recently announced program to warn about the risk of strangulation posed by cords on baby monitors, cords that have been involved in 7 deaths.

What will CPSC do about drowning for which its remedy is warnings?

For balloons involved in several deaths each year, the Commission warns about the risk of suffocation from uninflated or broken balloons and says "Adult supervision required." But for some reason when it comes to an American company that sells Buckyballs® exclusively to adults, the CPSC takes a different approach and decides that warnings don't work. The Company believes the CPSC can't have it both ways.


I also mentioned things like bicycles above, and playgrounds and childrens playsets... 3rd story apartment windows... all dangerous...

The world is a dangerous place.

Banning buckyballs is totally ridiculous when put in context with all of the dangerous things children are exposed to every day that aren't banned.

Are you seriously defending the CPSC here? No day in court? No opportunity to defend themselves and demonstrate their position? Just shut 'em down?


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PostPosted: Fri Jul 27, 2012 1:32 am 
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Whatever happened to parental responsibilty for their children? Are they just that lazy and irresponsible that they can't watch their children? I'm getting really fed up with all of this crap! If you have babies it is YOUR responsibility to watch over them, not the government's responsibility.

I personally don't own any Buckeyballs, but I may just buy some now just to support their company.

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PostPosted: Fri Jul 27, 2012 10:02 am 
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The number of injuries and hospitalizations resulting from BuckyBalls is too small for this to be caused by parental outcry, unless one of those parents happened to be one of the three people sitting on the CPSC board. This is quite literally government busybodying.

Considering the very tiny number of injuries, and the breakdown of CPSC appointees by president, I am actually more inclined to wonder of someone associated with BuckyBalls donated money to the Republican presidential campaign.

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PostPosted: Fri Jul 27, 2012 10:28 am 
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Corolinth wrote:
Considering the very tiny number of injuries, and the breakdown of CPSC appointees by president, I am actually more inclined to wonder of someone associated with BuckyBalls donated money to the Republican presidential campaign.


:roll:


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PostPosted: Fri Jul 27, 2012 10:39 am 
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Have a better explanation Aizle?


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PostPosted: Fri Jul 27, 2012 10:59 am 
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Lets not forget to ban hot dogs, they are a choking hazard too.

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PostPosted: Fri Jul 27, 2012 11:19 am 
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Here is the full statement issued by the CPSC.

It doesn't really help. It's opening statement is this;

CPSC.gov wrote:
WASHINGTON, D.C. - In an effort to prevent children from suffering further harm, U.S. Consumer Product Safety Commission (CPSC) staff filed an administrative complaint today against Maxfield & Oberton Holdings LLC, of New York, N.Y., alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public. The Commission voted 3-1 to approve the filing of the complaint, which seeks, among other things, an order that the firm stops selling Buckyballs and Buckycubes, notify the public of the defect, and offer consumers a full refund.


I think i've come up with an alternate theory. Someone in the CPSC received some buckballs as a gift, and after disassessmbling the orignal cube, was never able to return it to it's original form.

Out of frustration, called buckyballs.com tech support, requesting assistance. When the tech support rep just giggled, they requested a full refund, which they were, of course, denied...

At this point, they slammed the phone down, and began the campaign to shut down the business...

Either that, or what Coro said :P


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PostPosted: Fri Jul 27, 2012 12:23 pm 
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Aizle wrote:
Corolinth wrote:
Considering the very tiny number of injuries, and the breakdown of CPSC appointees by president, I am actually more inclined to wonder of someone associated with BuckyBalls donated money to the Republican presidential campaign.


:roll:



While I don't think Coro's suggestion is right, you are kidding yourself if you think this Administration(and ones in the past) aren't above things like that. Frank VanderSloot would probably side with Coro.

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PostPosted: Fri Jul 27, 2012 12:32 pm 
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The CSPC is a federal administration agency. The current executive chairman was appointed by Obama, as were two of its three commissioners. Moreover, in its Feb 2009 Performance Budget report to Congress and the President, we can see that it had 396 employees in FY 2008, and planned to increase that number to 483 in FY 2009. Current reports state that they have over 500 employees (540, I believe). It's workforce has thus increased by about 37% during the tenure of his appointees.

We should also examine how those employees have been allocated.
Code:
2008 Actual:
------------

Fire Deaths                     120 (30.3%)     $20,811 (26.0%)
CO2 poisoning                     6 ( 1.5%)     $ 1,118 ( 1.4%)
Children and Other Hazards      188 (47.5%)     $32,572 (40.7%)
Identifying Product Hazards      82 (20.7%)     $17,447 (21.8%)
                       ----------------------------------------
                       Total    396             $79,948

2011 Plan:
----------

Fire Deaths                     110 (20.8%)     $19,036 (16.1%)
CO2 poisoning                     8 ( 1.5%)     $ 1,460 ( 1.2%)
Children and Other Hazards      321 (60.4%)     $67,598 (57.2%)
Identifying Product Hazards      91 (17.2%)     $30,106 (25.5%)
                       ----------------------------------------
                       Total    530            $118,200


You can see that the commissioners have steered significantly more resources into the "Children and Other Hazards" category during this administration, mainly at the expense of the "Fires Death" category.

After 2011, everything was re-categorized making it impossible to compare the current report to the 2008 data. That said, the 2011-2016 Strategic Plan identified its new goals, one of which is "Decisive Response -- Use the CPSC’s full range of authorities to quickly remove hazards from the marketplace." It is described thusly:
Quote:
The longer a hazardous product remains on store shelves and in homes, the greater the potential for that hazard to cause injuries and deaths. Moreover, both industry and consumer groups demand that response and enforcement efforts be predictable and carried out in a consistent manner. The passage of the CPSIA legislation expanded the CPSC’s rulemaking and regulatory authorities, but also increased the number of enforcement functions the agency must now carry out.ƒ
  • In the U.S., over 500,000 retail firms sell consumer products.
  • On average, the CPSC addresses 900 violations of consumer product safety rules each year.
  • In 2009, the CPSC negotiated $9.8 million in civil penalties through out-of-court settlements.

You can see that pursuing civil litigation is a key component of their major policy goal to "quickly remove hazards from the marketplace". And if read their other reports, it becomes pretty clear that they equate the CPSIA (which is mostly responsible for their increased funding) almost exclusively with a child product safety mandate. We should not be surprised if the focus of their "Decisive Response" is on child safety. If this isn't the policy direction that Obama wants, then he isn't reading the strategy reports of his own appointees.

It's not inaccurate to describe the CPSC as being part of the Obama Administration. Neither would be inaccurate to say this case is characteristic of a stated policy agenda developed during Obama's tenure and formulated largely by Obama appointees. It also isn't a recent and unexpected change in direction. The shift in agency priorities is pretty easily seen in their various reports as early as 2009. Certainly it is not Obama's responsibility to develop the policy of every executive agency. However, the purpose of issuing these reports to both congress and the President is to facilitate feedback on policy. If it isn't the responsibility of the President as the head of the executive branch to steer the high-level goals and policies of federal executive agencies, then whose is it?

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PostPosted: Fri Jul 27, 2012 3:08 pm 
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So, we're just gonna go ahead and put this into the "jobs destroyed" pile, OK?

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PostPosted: Fri Jul 27, 2012 3:09 pm 
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Buckyballs' "Save Our Balls" campaign.

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PostPosted: Fri Jul 27, 2012 5:46 pm 
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Let's recap:

60 accidents, 26 surgeries, no fatalities in the time the product has been on the market
Panel consists of 2 Obama appointees and 1 Bush appointee
Election year

So yes, it makes me wonder about motives, because this isn't a safety concern. Dirty politics isn't a dead lock cinch, but it definitely looks shady.

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PostPosted: Fri Jul 27, 2012 7:21 pm 
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Can't pass gun laws in time... I know! Let's ban magnets!

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PostPosted: Fri Jul 27, 2012 8:01 pm 
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Thank you for that link, Kaffis. I placed my order today.

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PostPosted: Sat Jul 28, 2012 1:25 am 
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i already owned half a dozen different sets (bars, cubes, and balls). I ordered a few more today, just on principle.


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PostPosted: Sat Jul 28, 2012 6:28 pm 
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I had never heard of "Buckyballs." This thread makes me want to order some.

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PostPosted: Sat Jul 28, 2012 8:59 pm 
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I haven't verified this, but someone told me that buckyballs.com is having a 45% off sale. Just use the coupon code "SUCKITGROUPON".

I did a quick Google search of that code, and it turned up some broken links to woot.com, so not really sure what's going on.


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