76006 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices 

1Chairman Inez M. Tenenbaum and 

Commissioner Robert S. Adler voted to authorize 

the Complaint. Commissioner Nancy A. Nord voted 

to not authorize the Complaint. 

should be submitted by January 25, 

2013. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

the OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, FAX: 

202–395–6974, or emailed to 

oira_submission@omb.eop.gov. All 

comments should be identified by 

Docket No. CPSC–2012–0058. In 

addition, written comments also should 

be submitted at http:// 

www.regulations.gov, under Docket No. 

CPSC–2012–0058, or by mail/hand 

delivery/courier (for paper, disk, or CD– 

ROM submissions), preferably in five 

copies, to: Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert H. Squibb, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814; 

telephone: 301–504–7923 or by email to 

rsquibb@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of October 4, 2012, and 

October 17, 2012 (77 FR 60683, 77 FR 

63800), the Consumer Product Safety 

Commission published a notice in 

accordance with provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35) to announce the 

agency’s intention to seek extension of 

approval of the collection of information 

required in the Safety Standard for 

Walk-Behind Power Lawn Mowers (16 

CFR Part 1205). Three comments were 

received in response to that notice. Two 

commenters questioned the need to 

collect any information. One commenter 

stated that lawn mowers should not be 

imported from China and Korea. This 

comment is outside the scope of the 

proposed collection of information 

which concerns only issues related to 

the collection of information. The Safety 

Standard for Walk-Behind Power Lawn 

Mowers establishes performance and 

labeling requirements for mowers to 

reduce unreasonable risks of injury 

resulting from accidental contact with 

the moving blades of mowers. 

Certification regulations implementing 

the standard require manufacturers, 

importers, and private labelers of 

mowers subject to the standard to test 

mowers for compliance with the 

standard and to maintain records of that 

testing. The records of testing and other 

information required by the certification 

regulations allow the Commission to 

determine that walk-behind power 

mowers subject to the standard comply 

with its requirements. This information 

also enables the Commission to obtain 

corrective actions if mowers fail to 

comply with the standard in a manner 

that creates a substantial risk of injury 

to the public. 

We estimate that about 34 firms are 

subject to the testing and recordkeeping 

requirements of the certification 

regulations. We estimate further that the 

annual testing and recordkeeping 

burden imposed by the regulations on 

each of these firms on average is 

approximately 390 hours. Thus, the 

total annual burden imposed by the 

certification regulations on all 

manufacturers and importers of walkbehind power mowers is about 13,260 

hours (34 firms x 390 hours). 

In addition, manufacturers are 

expected to spend an additional hour, 

per production day, to collect the 

information for labeling. Accordingly, 

an additional 130 hours per firm are 

added to the total burden. For the 34 

firms involved, the total estimated 

burden related to labeling is 4,420 

hours. Aggregate annual burden hours 

related to testing, recordkeeping, and 

labeling are estimated to be 520 hours 

per firm and 17,680 hours for the 

industry. 

The hourly wage for the time required 

to perform the required testing and 

recordkeeping is approximately $61.75 

(Bureau of Labor Statistics: total 

compensation for management, 

professional, and related workers in 

goods-producing private industries: 

http://www.bls.gov/ncs), and the hourly 

wage for the time required to maintain 

the labeling requirements is 

approximately $27.64 (Bureau of Labor 

Statistics, total compensation for all 

sales and office workers in goodsproducing, private industries: http:// 

www.bls.gov/ncs). The annualized total 

cost to the industry for annual testing 

and recordkeeping is estimated to be 

$818,805, based on 13,260 hours x 

$61.75. The annualized cost burden 

related to labeling is estimated to be 

$122,169, based on 4,420 hours x 

$27.64. Aggregate burden costs related 

to testing, recordkeeping, and labeling 

are estimated to be $940,972 for the 

industry. 

Dated: December 20, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2012–30992 Filed 12–21–12; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–2] 

Star Networks USA, LLC; Complaint 

AGENCY: Consumer Product Safety 

Commission 

ACTION: Publication of a Complaint 

under the Consumer Product Safety Act. 

SUMMARY: Under provisions of its Rules 

of Practice for Adjudicative Proceeding 

(16 CFR part 1025), the Consumer 

Product Safety Commission must 

publish in the Federal Register 

Complaints which it issues. Published 

below is a Complaint: In the Matter of 

Star Networks USA, LLC.1

SUPPLEMENTARY INFORMATION: The text of 

the Complaint appears below. 

Dated: December 18, 2012. 

Todd A. Stevenson, 

Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the Matter of STAR NETWORKS 

USA, LLC, Respondent 

CPSC DOCKET NO. 13–2 

COMPLAINT 

Nature of Proceedings 

1. This is an administrative 

enforcement proceeding pursuant to 

Section 15 of the Consumer Product 

Safety Act (‘‘CPSA’’), as amended, 15 

U.S.C. § 2064, for public notification 

and remedial action to protect the 

public from the substantial risk of injury 

presented by aggregated masses of highpowered, small rare earth magnets 

known as Magnicube Magnet Balls 

(‘‘Magnicube Spheres’’) and Magnet 

Cubes (‘‘Magnicube Cubes’’) 

(collectively the ‘‘Subject Products’’), 

imported and distributed by STAR 

NETWORKS USA, LLC (‘‘Star’’ or 

‘‘Respondent’’). 

2. This proceeding is governed by the 

Rules of Practice for Adjudicative 

Proceedings before the Consumer 

Product Safety Commission 

(‘‘Commission’’), 16 C.F.R. part 1025. 

Jurisdiction 

3. This proceeding is instituted 

pursuant to the authority contained in 

Sections 15(c), (d), and (f) of the CPSA, 

15 U.S.C. § 2064 (c), (d), and (f). 


tkelley on DSK3SPTVN1PROD with 
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Parties 

4. Complaint Counsel is the staff of 

the Division of Compliance within the 

Office of the General Counsel of the 

Commission (‘‘Complaint Counsel’’). 

The Commission is an independent 

federal regulatory agency established 

pursuant to Section 4 of the CPSA, 15 

U.S.C. § 2053. 

5. Upon information and belief, Star 

is a New Jersey corporation with its 

principal place of business located at 26 

Commerce Road, Suite B, Fairfield, New 

Jersey, 07004. 

6. Respondent is an importer and 

distributor of the Subject Products. 

7. As an importer and distributor of 

the Subject Products, Respondent is a 

‘‘manufacturer’’ and ‘‘distributor’’ of a 

‘‘consumer product’’ that is ‘‘distributed 

in commerce,’’ as those terms are 

defined in CPSA sections 3(a)(5),(7), (8), 

and (11) of the CPSA, 15 U.S.C. 

§§ 2052(a)(5),(7), (8), and (11). 

The Consumer Product 

8. Respondent imported and 

distributed the Subject Products in U.S. 

commerce and offered them for sale to 

consumers for their personal use in or 

around a permanent or temporary 

household or residence, a school, and in 

recreation or otherwise. 

9. Upon information and belief, the 

Subject Products consist of small, 

individual magnets that are packaged as 

aggregated masses in different sized 

containers holding 125, 216, 250, 343 or 

1,027 small magnets, ranging in size 

from approximately 5.0 mm to 6.0 mm, 

with a variety of coatings, and a flux 

index greater than 50. 

10. Upon information and belief, the 

flux index of the Magnicube Spheres 

ranges from 435.1 to 876.5 kg2mm.2

11. Upon information and belief, the 

flux index of the Magnicube Cubes 

ranges from 441.9 to 496.4 kg2mm.2

12. Upon information and belief, 

Magnicubes Spheres were introduced 

into U.S. commerce sometime after 

August 2010. 

13. Upon information and belief, 

Magnicubes Cubes were introduced into 

U.S. commerce sometime after August 

2010. 

14. Upon information and belief, the 

Subject Products are manufactured by 

Dongyang Huale Electronics, LTD, 

Hengdian Industrial Area, Dongyang 

Zheijiang, China. 

15. Upon information and belief, the 

Subject Products are sold in velvet-lined 

boxes or foam-lined tins. 

16. Upon information and belief, the 

Subject Products range in retail price 

from approximately $19.95 to $79.95. 

17. Upon information and belief, more 

than 21,000 sets of Magnicube Spheres 

have been sold to consumers in the 

United States. 

18. Upon information and belief, more 

than 480 sets of Magnicube Cubes have 

been sold to consumers in the United 

States. 

19. Upon information and belief, 

approximately 17 mixed sets of 125 

Magnicube Spheres and 125 Magnicube 

Cubes marketed as the Magnicube Duo 

Edition have been sold to consumers in 

the United States. 

COUNT I 

The Subject Products are Substantial 

Product Hazards Under Section 15(a)(2) 

of the CPSA, 15 U.S.C. § 2064(a)(2), 

Because They Contain Product Defects 

That Create a Substantial Risk of Injury 

to the Public 

The Subject Products are Defective 

Because Their Instructions, Packaging, 

and Warnings Are Inadequate 

20. Paragraphs 1 through 19 are 

hereby realleged and incorporated by 

reference as though fully set forth 

herein. 

21. A defect can occur in a product’s 

contents, construction, finish, 

packaging, warnings and/or 

instructions. 16 C.F.R. § 1115.4 

22. A defect can occur when 

reasonably foreseeable consumer use or 

misuse, based in part on lack of 

adequate instructions and safety 

warnings, could result in injury, even 

where there are no reports of injury. 16 

C.F.R. § 1115.4 

23. Upon information and belief, Star 

offered the Subject Products for sale 

sometime after August 2010 through 

December 2012 on its direct-sales Web 

site, www.magnicube.com. 

24. Upon information and belief, 

sometime after August 2010 through 

December 2012, Star’s U.S. Direct sales 

Web site contained the following 

warning regarding the Subject Products: 

‘‘Keep Away from All Children! This 

product is NOT intended to be inhaled 

or swallowed, magnets should not be 

put in those nose or mouth. Magnets 

that are inhaled or swallowed may stick 

to intestines, which may lead to serious 

injury or death. Immediate medical 

attention is required if magnets are 

inhaled or swallowed. Recommended 

age 14+.’’ 

25. Upon information and belief, from 

sometime after August 2010 through 

December 2012, the ‘‘Safety Notice’’ 

page of Star’s Direct sales Web site 

contained the following warning 

regarding the Subject Products: 

‘‘Magnicube products are NOT toys for 

children[.] Recommended age 14+. 

Magnicube Magnet Balls and Magnet 

Cubes are not manufactured, 

distributed, promoted, labeled, or 

intended for children. Ingestion 

Hazard—This product represents an 

ingestion Hazard, DO NOT ingest 

magnets. Magnets that are inhaled or 

swallowed may stick to intestines, 

which may lead to serious injury or 

death. Immediate medical attention is 

required if magnets are inhaled or 

swallowed.’’ 

26. Upon information and belief, Star 

offered the Subject Products for sale 

from November 2011 through July 2012, 

on Amazon.com, Inc.’s Web site 

www.amazon.com. 

27. Upon information and belief, from 

November 2011 through July 2012 Star’s 

product listing for the Subject Products 

on the Amazon.com, Inc.’s Web site 

contained the following warning: 

WARNING: CHOKING HAZARD— 

WARNING: KEEP AWAY FROM ALL 

CHILDREN. Do not put in mouth or 

nose. This product contains small 

magnets. Swallowed magnets can stick 

together across intestines causing 

serious infections and death. Seek 

immediate medical attention if magnets 

or swallowed or inhaled. CHOKING 

HAZARD—This toy is a marble. Not for 

children under 3 yrs. CHOKING 

HAZARD—This toy is a small ball. Not 

for children under 3 yrs. CHOKING 

HAZARD—Small parts. Not for children 

under 3 yrs. CHOKING HAZARD—Toy 

contains a small ball. Not for children 

under 3 yrs.’’ 

28. Upon information and belief, on 

or about June 14, 2012, Star authorized 

online discount retailer Groupon, Inc. to 

issue an internet offer for the sale of the 

Subject Products on Groupon, Inc.’s 

Web site, www.groupon.com. 

29. Upon information and belief, the 

Groupon internet offer contained the 

following warning: ‘‘Recommended for 

ages 14 and up. Keep out of reach of 

children.’’ 

30. Upon information and belief, sets 

of the Subject Products are currently 

sold in tins with the following warning 

printed on a sticker on the underside of 

the tin: 

WARNING: Keep Away From All 

Children! This product is NOT intended 

to be inhaled or swallowed, magnets 

[sic] should not be put in nose or mouth. 

Magnets that are inhaled or swallowed 

may stick to intestines, which may lead 

to serious injury or death. Immediate 

medical attention is required if magents 

are inhaled or swallowed. 

Recommended age 14+.’’ 

31. Upon information and belief, sets 

of the Subject Products are currently 

sold in boxes with following warning 

printed on the underside of a cardboard 

sleeve that wraps around the box: 


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76008 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices 

WARNING: Keep Away From All 

Children! This product is NOT intended 

to be inhaled or swallowed, magnets 

[sic] should not be put in nose or mouth. 

Magnets that are inhaled or swallowed 

may stick to intestines, which may lead 

to serious injury or death. Immediate 

medical attention is required if magents 

are inhaled or swallowed. 

Recommended age 14+.’’ 

32. Upon information and belief, the 

Subject Products are packaged without 

any instructions. 

33. Before and after the Subject 

Products were introduced into 

commerce sometime after August 2010, 

many children under the age of 14 have 

ingested products (the ‘‘Ingested 

Products’’) that are almost identical in 

form, substance, and content to the 

Subject Products. 

34. Upon information and belief, the 

Ingested Products are marketed and 

used in substantially similar ways to the 

Subject Products. 

35. Upon information and belief, on 

or about January 28, 2010, a 9-year-old 

boy used high-powered, small, 

spherically-shaped magnets almost 

identical in form, substance, and 

content to the Subject Products to 

mimic tongue and lip piercings, and 

accidentally ingested seven magnets. He 

was treated at an emergency room. 

36. Upon information and belief, on 

or about September 5, 2010, a 12-yearold girl accidentally swallowed two 

high-powered, small, sphericallyshaped magnets almost identical in 

form, substance, and content to the 

Subject Products. She sought medical 

treatment at a hospital, including x-rays 

and monitoring for infection and 

damage to her gastrointestinal tract. 

37. Upon information and belief, on 

or about December 23, 2010, a 3-yearold girl ingested eight high-powered, 

small, spherically-shaped magnets 

almost identical in form, substance, and 

content to the Subject Products that she 

found on a refrigerator in her home. She 

required surgery to remove the magnets. 

The magnets caused intestinal and 

stomach perforations, and had also 

become embedded in the girl’s trachea 

and esophagus. 

38. Upon information and belief, on 

or about January 6, 2011, a 4-year-old 

boy suffered intestinal perforations after 

ingesting three high-powered, small, 

spherically-shaped magnets almost 

identical in form, substance, and 

content to the Subject Products that he 

thought were chocolate candy because 

they looked like the decorations on his 

mother’s wedding cake. 

39. By November 2011, the 

Commission was aware of 

approximately 22 reports of ingestions 

of high-powered, small, sphericallyshaped magnets almost identical in 

form, substance, and content to the 

Subject Products. 

40. On November 11, 2011, the 

Commission issued a public safety alert 

warning the public of the dangers of the 

ingestion of rare earth magnets like the 

Subject Products. 

41. Ingestion incidents, however, 

continue to occur. 

42. Since the safety alert, the 

Commission has received dozens of 

reports of children ingesting highpowered, small, spherically-shaped 

magnets that are almost identical in 

form, substance, and content to the 

Subject Products, but may be 

manufactured and/or sold by firms other 

than the Respondent. 

43. Upon information and belief, on 

or about January 17, 2012, a 10-year-old 

girl accidentally ingested two highpowered, small, spherically-shaped 

magnets almost identical in form, 

substance, and content to the Subject 

Products after using them to mimic a 

tongue piercing. The magnets became 

embedded in her large intestine, and she 

underwent x-rays, CT scans, endoscopy, 

and an appendectomy to remove them. 

The girl’s father had purchased the 

magnets for her at the local mall. 

44. All warnings on the Subject 

Products and/or on the Web sites where 

the Subject Products are or were offered 

for sale are inadequate and defective 

because they do not and cannot 

effectively communicate to consumers, 

including parents and caregivers, the 

hazard associated with the Subject 

Products and magnet ingestions. 

45. Because the warnings on the 

Subject Products and/or on the Web 

sites where the Subject Products are or 

were offered for sale are inadequate and 

defective, parents will continue to give 

children the Subject Products or allow 

children to have access to the Subject 

Products. 

46. Parents and caregivers are 

unlikely to appreciate the hazard 

associated with the product because the 

product warnings refer to the product as 

a ‘‘marble’’ and as a ‘‘small ball.’’ This 

product description suggests that the 

potential health risk posed by the 

Subject Products is from choking, rather 

than intestinal perforations or other 

gastrointestinal injuries that can result if 

more than one magnet ball is 

swallowed. 

47. Children cannot and do not 

appreciate the hazard, and it is 

foreseeable that they will mouth the 

items, swallow them, or, in the case of 

adolescents and teens, use them to 

mimic body piercings. These uses can 

and do result in injury. 

48. All warnings on the packaging of 

the Subject Products are inadequate and 

defective because the font-size of the 

warnings hinders legibility and may 

discourage consumers from reading the 

warning message, making it less likely 

that consumers will review the 

warnings on the packaging prior to 

foreseeable uses of the Subject Products. 

These uses can and do result in injury. 

49. All warnings on the packaging 

and/or carrying cases of the Subject 

Products are inadequate and defective 

because the placement of the warnings 

only on the underside of the packaging 

and/or carrying case renders the 

warnings inconspicuous such that 

consumers likely will not review the 

warnings prior to foreseeable uses of the 

Subject Products. These uses can and do 

result in injury. 

50. All warnings on the Subject 

Products that are packaged in boxes are 

inadequate and defective because the 

cardboard sleeve on which the warnings 

are written is not necessary for use of 

the Subject Products and is often 

discarded. Because the cardboard sleeve 

is unnecessary and is often discarded, 

consumers likely will not review the 

warnings on the packaging prior to 

foreseeable uses of the Subject Products. 

These uses can and do result in injury. 

51. All warnings on the Subject 

Products are inadequate and defective 

because once the Subject Products are 

removed from the packaging and/or the 

carrying case prior to foreseeable uses of 

the Subject Products, the magnets 

themselves display no warnings, and 

the small size of the individual magnets 

precludes the addition of warnings. 

These uses can and do result in injury. 

52. All warnings on the Subject 

Products are inadequate and defective 

because the magnets are shared and 

used among various consumers, 

including children, after the packaging 

is discarded; thus, many consumers of 

the Subject Products will have no 

exposure to any warnings prior to using 

the Subject Products. These uses can 

and do result in injury. 

53. All warnings displayed on the 

carrying cases, if any, are inadequate 

and defective because consumers are 

unlikely to disassemble configurations 

made with the Subject Products after 

each use, many of which are elaborate 

and time-consuming to create, to return 

the Subject Products to the carrying case 

or to put the Subject Products out of the 

reach of children. 

54. The effectiveness of the warnings 

on the Subject Products is further 

diminished by the advertising and 

marketing of the Subject Products. 

55. Upon information and belief, as 

late as May 2012, Star was aware that 


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the Subject Products were displayed 

with other toys on the Amazon.com, 

Inc.’s Web site. 

56. Upon information and belief, as of 

November 2012, Respondent advertised 

the Subject Products on its direct sale 

Web site as a ‘‘toy,’’ encouraging 

consumers to ‘‘get out of your daze with 

your new toy.’’ 

57. Upon information and belief, the 

Subject Products are described on Star’s 

direct sales Web site as a magnetic 

puzzle, a 3d puzzle, and magnetic 

puzzle gift items that are typically 

considered playthings for children 

under the age of 14. 

58. The advertising and marketing of 

the Subject Products conflict with the 

claimed 14+ age grade label on the 

Subject Products. 

59. Because the advertising and 

marketing of the Subject Products 

conflict with the age label, the 

effectiveness of the age label is 

diminished. 

60. The advertising and marketing of 

Subject Products conflict with the stated 

warnings on the Subject Products. 

61. Because the advertising and 

marketing conflict with the stated 

warnings, the effectiveness of the 

warnings is diminished. 

62. No warnings or instructions could 

be devised that would effectively 

communicate the hazard in a way that 

would be understood and heeded by 

consumers and would reduce the 

incidences of magnet ingestions. 

63. Because of the lack of adequate 

instructions and safety warnings, a 

substantial risk of injury occurs as a 

result of the foreseeable use and misuse 

of the Subject Products. 

The Subject Products Are Defective 

Because the Risk of Injury Occurs as a 

Result of Its Operation and Use and the 

Failure of the Subject Products to 

Operate as Intended 

1. A design defect can be present if 

the risk of injury occurs as a result of 

the operation or use of the product or 

a failure of the product to operate as 

intended. 16 C.F.R. § 1115.4. 

2. The Subject Products contain a 

design defect because they present a risk 

of injury as a result of their operation 

and/or use. 

3. Upon information and belief, the 

Subject Products have been advertised 

and marketed by the Respondent to both 

children and adults. 

4. As a direct result of such marketing 

and promotion, the Subject Products 

have been, and are currently used by, 

both children and adults. 

5. The risk of injury occurs as a result 

of the use of the Subject Products by 

adults, who give the Subject Products to 

children or allow children to have 

access to the Subject Products. 

6. The risk of injury occurs as a result 

of the foreseeable use and/or misuse of 

the Subject Products by children. 

7. The Subject Products contain a 

design defect because they fail to 

operate as intended and present a 

substantial risk of injury to the public. 

8. Upon information and belief, 

Respondent contends that the Subject 

Products are manipulatives that provide 

stress relief and other benefits to adults 

only. 

9. The Subject Products are intensely 

appealing to children due to their tactile 

features, their small size, and their 

highly reflective, shiny metallic and 

colorful coatings. 

10. Certain sets of the Subject 

Products come in bright color 

combinations which are likely to add to 

the perception that the magnets are 

intended to appeal to children because 

they offer creative value as puzzles, 

models, or art by combining magnetism 

and color. 

11. The Subject Products are also 

appealing to children because they are 

smooth, unique, and make a soft 

snapping sound as they are 

manipulated. 

12. The Subject Products also move in 

unexpected, incongruous ways as the 

poles on the magnets move to align 

properly, which can evoke a degree of 

awe and amusement among children 

enticing them to play with the Subject 

Products. 

13. Despite the Respondent’s current 

age label and asserted use of the Subject 

Products, they do not operate as 

intended because they are intensely 

appealing to and are often played with 

by children. 

14. This defective design of the 

Subject Products poses a risk of injury 

because parents and caregivers buy the 

Subject Products for children and/or 

allow children to play with the Subject 

Products. 

The Type of the Risk of Injury Renders 

the Subject Products Defective 

15. The risk of injury associated with 

a product may render the product 

defective. 16 C.F.R. § 1115.4. 

16. Upon information and belief, the 

Subject Products have low utility to 

consumers. 

17. Upon information and belief, the 

Subject Products are not necessary to 

consumers. 

18. The nature of the risk of injury 

includes serious, life-threatening, and 

long-term health conditions that can 

result when magnets attract to each 

other through intestinal walls, causing 

harmful tissue compression that can 

lead to perforations, fistulas, and other 

gastrointestinal injuries. 

19. Children, a vulnerable population 

protected by the CPSA, are exposed to 

risk of injury by the Subject Products. 

20. The risk of injury associated with 

the ingestion of the Subject Products is 

neither obvious nor intuitive. 

21. Warnings and instructions cannot 

adequately mitigate the risk of injury 

associated with ingesting the Subject 

Products. 

22. Children mouthing and ingesting 

the Subject Products is foreseeable. 

23. Children using the Subject 

Products for body art, including 

mimicking tongue piercings, is 

foreseeable. 

24. The type of the risk of injury 

renders the Subject Products defective. 

The Subject Products Create a 

Substantial Risk of Injury to the Public 

25. The Subject Products pose a risk 

of magnet ingestion by children below 

the age of 14, who may, consistent with 

developmentally appropriate behavior, 

place a single magnet or numerous 

magnets in their mouth. 

26. The risk of ingestion also exists 

when adolescents and teens use the 

Subject Products to mimic piercings of 

the mouth, tongue, and cheek and 

accidentally swallow the magnets. 

27. If two or more of the magnets are 

ingested and the magnetic forces of the 

magnets pull them together, the magnets 

can pinch or trap the intestinal walls or 

other digestive tissue between them, 

resulting in acute and long-term health 

consequences. Magnets that attract 

through the walls of the intestines result 

in progressive tissue injury, beginning 

with local inflammation and ulceration, 

progressing to tissue death, then 

perforation or fistula formation. Such 

conditions can lead to infection, sepsis, 

and death. 

28. Ingestion of more than one magnet 

often requires medical intervention, 

including endoscopic or surgical 

procedures. 

29. Because the initial symptoms of 

injury from magnet ingestion are 

nonspecific and may include nausea, 

vomiting, and abdominal pain, 

caretakers, parents, and medical 

professionals may easily mistake these 

nonspecific symptoms for other 

common gastrointestinal upsets, and 

erroneously believe that medical 

treatment is not immediately required, 

thereby delaying potentially critical 

treatment. 

30. Medical professionals may not be 

aware of the dangers posed by ingestion 

of the Subject Products and the 

corresponding need for immediate 

evaluation and monitoring. A delay of 


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surgical intervention or other medical 

treatment due to the presentation of 

nonspecific symptoms and/or a lack of 

awareness by medical personnel of the 

dangers posed by multiple magnet 

ingestion can exacerbate life-threatening 

internal injuries. 

31. Magnets that become affixed 

through the gastrointestinal walls and 

are not surgically removed may result in 

intestinal perforations which can lead to 

necrosis, the formation of fistulas, or 

ultimately, perforation of the bowel and 

leakage of toxic bowel contents into the 

abdominal cavity. These conditions can 

lead to serious injury and possibly even 

death. 

32. Endoscopic and surgical 

procedures may also be complicated in 

cases of multiple magnet ingestion due 

to the attraction of the magnets to the 

metal equipment used to retrieve the 

magnets. 

33. Children who undergo surgery to 

remove multiple magnets from their 

gastrointestinal tract are also at risk for 

long-term health consequences, 

including intestinal scarring, nutritional 

deficiencies due to loss of portions of 

the bowel, and, in the case of girls, 

fertility problems. 

34. The Subject Products contain 

defects in packaging, warnings, and 

instructions, that create a substantial 

risk of injury to the public. 

35. The Subject Products contain 

defects in design that pose a substantial 

risk of injury. 

36. The type of the risk of injury 

posed by the Subject Products creates a 

substantial risk of injury. 

37. Therefore, because the Subject 

Products are defective and create a 

substantial risk of injury, the Subject 

Products present a substantial product 

hazard within the meaning of Section 

15(a)(2) of the CPSA, 15 U.S.C. 

§ 2064(a)(2). 

COUNT II 

The Subject Products Are Substantial 

Product Hazards Under Section 15(a)(1) 

of the CPSA, 15 U.S.C. § 2064(a)(1) 

38. Paragraphs 1 through 100 are 

hereby realleged and incorporated by 

reference as though fully set forth 

herein. 

39. Upon information and belief, each 

of the Subject Products is an object 

designed and/or manufactured as a 

plaything for children under 14 years of 

age, and, therefore, each of the Subject 

Products that was imported and/or 

otherwise distributed in commerce after 

August 16, 2009, is a ‘‘toy’’ as that term 

is defined in ASTM International 

Standard F963–08, Standard Consumer 

Safety Specification for Toy Safety, 

section 3.1.72 and its most recent 

version, ASTM 963–11 section 3.1.81 

(‘‘the Toy Standard’’). 

40. As toys, and as toys intended for 

use by children under 14 years of age as 

addressed in the Toy Standard, the 

Subject Products that were imported 

and/or otherwise distributed in 

commerce after August 16, 2009, were 

and are covered by the Toy Standard. 

41. Pursuant to the Toy Standard, a 

magnet that has a flux index greater 

than 50 and that is a small object as 

determined by the Toy Standard is a 

‘‘hazardous magnet.’’ 

42. The Toy Standard prohibits toys 

from containing a loose as-received 

hazardous magnet. 

43. The Subject Products that were 

imported and/or otherwise distributed 

in commerce after August 16, 2009 

consist of and contain loose as-received 

hazardous magnets. As a result, the 

Subject Products that were imported 

and/or otherwise distributed in 

commerce after August 16, 2009 fail to 

comply with the Toy Standard. 

44. The Subject Products that were 

imported and/or otherwise distributed 

in commerce after August 16, 2009 

create a substantial risk of injury to the 

public. 

45. Because the Subject Products that 

were imported and/or otherwise 

distributed in commerce after August 

16, 2009 fail to comply with the Toy 

Standard and create a substantial risk of 

injury to the public, they are substantial 

product hazards as the term ‘‘substantial 

product hazard’’ is defined in Section 

15(a)(1) of the CPSA, 15 U.S.C. 

§ 2064(a)(1). 

Relief Sought 

Wherefore, in the public interest, 

Complaint Counsel requests that the 

Commission: 

A. Determine that the Subject 

Products present a ‘‘substantial product 

hazard’’ within the meaning of Section 

15(a)(2) of the CPSA, 15 U.S.C. 

§ 2064(a)(2), and/or presents a 

‘‘substantial product hazard’’ within the 

meaning of Section 15(a)(1) of the 

CPSA, 15 U.S.C. § 2064(a)(1). 

B. Determine that extensive and 

effective public notification under 

Section 15(c) of the CPSA, 15 U.S.C. 

§ 2064(c), is required to adequately 

protect children from the substantial 

product hazard presented by the Subject 

Products, and order Respondents under 

Section 15(c) of the CPSA, 15 U.S.C. 

§ 2064(c) to: 

(1) Cease importation and distribution 

of the Subject Products; 

(2) Notify all persons that transport, 

store, distribute or otherwise handle the 

Subject Products, or to whom such 

product has been transported, sold, 

distributed or otherwise handled, to 

immediately cease distribution of the 

products; 

(3) Notify appropriate state and local 

public health officials; 

(4) Give prompt public notice of the 

defects in the Subject Products, 

including the incidents and injuries 

associated with ingestion including 

posting clear and conspicuous notice on 

Respondent’s Web site, and providing 

notice to any third party Web site on 

which Respondent has placed the 

Subject Products for sale, and provide 

further announcements in languages 

other than English and on radio and 

television; 

(5) Mail notice to each distributor or 

retailer of the Subject Products; and 

(6) Mail notice to every person to 

whom the Subject Products were 

delivered or sold; 

C. Determine that action under 

Section 15(d) of the CPSA, 15 U.S.C. 

§ 2064(d), is in the public interest and 

additionally order Respondent to: 

(1) Refund consumers the purchase 

price of the Subject Products; 

(2) Make no charge to consumers and 

to reimburse consumers for any 

reasonable and foreseeable expenses 

incurred in availing themselves of any 

remedy provided under any 

Commission Order issued in this matter, 

as provided by Section 15 U.S.C. 

§ 2064(e)(1); 

(3) Reimburse retailers for expenses in 

connection with carrying out any 

Commission Order issued in this matter, 

including the costs of returns, refunds 

and/or replacements, as provided by 

Section 15(e)(2) of the CPSA, 15 U.S.C. 

§ 2064(e)(2); 

(4) Submit a plan satisfactory to the 

Commission, within ten (10) days of 

service of the Final Order, directing that 

actions specified in Paragraphs B(1) 

through (6) and C(1) through (3) above 

be taken in a timely manner; 

(5) To submit monthly reports, in a 

format satisfactory to the Commission, 

documenting the progress of the 

corrective action program; 

(6) For a period of five (5) years after 

issuance of the Final Order in this 

matter, to keep records of its actions 

taken to comply with Paragraphs B(1) 

through (6) and C(1) through (4) above, 

and supply these records to the 

Commission for the purpose of 

monitoring compliance with the Final 

Order; 

(7) For a period of five (5) years after 

issuance of the Final Order in this 

matter, to notify the Commission at least 

sixty (60) days prior to any change in its 

business (such as incorporation, 

dissolution, assignment, sale, or petition 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices 76011 

for bankruptcy) that results in, or is 

intended to result in, the emergence of 

a successor corporation, going out of 

business, or any other change that might 

affect compliance obligations under a 

Final Order issued by the Commission 

in this matter; and 

D. Order that Respondent shall take 

other and further actions as the 

Commission deems necessary to protect 

the public health and safety and to 

comply with the CPSA. 

ISSUED BY ORDER OF THE 

COMMISSION: 

Dated this 17th day of December, 2012 

BY: Kenneth R. Hinson 

Executive Director 

U.S. Consumer Product Safety 

Commission 

Bethesda, MD 20814 

Tel: (301) 504–7854 

Mary B. Murphy, Assistant General 

Counsel 

Division of Compliance, Office of 

General Counsel 

U.S. Consumer Product Safety 

Commission 

Bethesda, MD 20814 

Tel: (301) 504–7809 

Jennifer Argabright, Trial Attorney 

Richa Shyam Dasgupta, Trial Attorney 

Leah Wade, Trial Attorney 

Complaint Counsel 

Division of Compliance 

Office of the General Counsel 

U.S. Consumer Product Safety 

Commission 

Bethesda, MD 20814 

Tel: (301) 504–7808 

CERTIFICATE OF SERVICE 

I hereby certify that on December 17, 

2012, I served the foregoing Complaint 

and List and Summary of Documentary 

Evidence upon all parties of record in 

these proceedings by mailing, certified 

mail, postage prepaid, a copy to each at 

their principal place of business, and 

emailing a courtesy copy, as follows: 

David C. Japha, Esquire 

Counsel to Respondent Star Networks 

USA, LLC 

The Law Offices of David C. Japha, P.C. 

950 S. Cherry Street, Ste. 912 

Denver, CO 80246 

Email: davidjapha@japhalaw.com. 

Complaint Counsel for U.S. Consumer 

Product Safety Commission 

[FR Doc. 2012–30828 Filed 12–21–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Legal Policy Board; Notice of 

Federal Advisory Committee Meeting 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, the Department of 

Defense announces the following federal 

advisory committee meeting of the 

Defense Legal Policy Board. 

ADDRESSES: Holiday Inn Ballston, 4610 

N. Fairfax Drive, Arlington, Virginia 

22203. 

DATES: A meeting of the Defense Legal 

Policy Board (hereafter referred to as 

‘‘the Board’’) will be held on Tuesday, 

January 22, 2013. The Public Session 

will begin at 9:00 a.m. and end at 4:00 

p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Gruber, Defense Legal Policy 

Board, P.O. Box 3656, Arlington, VA 

22203. Email: StaffDirectorDefenseLegal

PolicyBoard@osd.mil. Phone: (703) 696– 

5449. 

SUPPLEMENTARY INFORMATION: Purpose of 

the Meeting: At this meeting, the Board 

will deliberate on the July 30, 2012 

tasking from the Secretary of Defense to 

review certain military justice cases in 

combat zones. The Board is interested in 

written and oral comments from the 

public, including non-governmental 

organizations, relevant to this tasking. 

The mission of the Board is to advise 

the Secretary of Defense on legal and 

related legal policy matters within DoD, 

the achievement of DoD policy goals 

through legislation and regulations, and 

other assigned matters. 

Agenda: Prior to the Public Session, 

the Board will conduct an 

Administrative Session starting at 8:30 

a.m. and ending at 9:00 a.m. to address 

administrative matters. After the Public 

Session, the Board will conduct an 

Administrative Session starting at 4:00 

p.m. and ending at 4:30 p.m. to prepare 

for upcoming meetings. Pursuant to 41 

CFR 102–3.160, the public may not 

attend the Administrative Sessions. 

Tentative Agenda (updates available 

from the Board’s Staff Director at Staff

DirectorDefenseLegalPolicyBoard

@osd.mil). 

• Testimony from representatives of 

the Secretaries of the Military 

Departments. 

• Testimony from a representative of 

the Chairman of the Joint Chiefs of Staff. 

• Testimony from subject matter 

experts on law of armed conflict 

violations by U.S. Service members. 

• Receipt of public comments. 

Availability of Materials for the 

Meeting: A copy of the agenda for the 

January 22, 2013 meeting and the 

tasking for the Subcommittee may be 

obtained at the meeting or from the 

Board’s Staff Director at StaffDirector

DefenseLegalPolicyBoard@osd.mil. 

Public’s Accessibility to the Meeting: 

Pursuant to 5 U.S.C. 552b and 41 CFR 

102–3.140 through 102–3.165, and the 

availability of space, part of this meeting 

is open to the public. Seating is limited 

and is on a first-come basis. 

Special Accommodations: Individuals 

requiring special accommodations to 

access the public meeting should 

contact the Staff Director at Staff

DirectorDefenseLegalPolicyBoard@

osd.mil at least five (5) business days 

prior to the meeting so that appropriate 

arrangements can be made. 

Procedures for Providing Public 

Comments: Pursuant to 41 CFR 102– 

3.105(j) and 102–3.140, and section 

10(a)(3) of the Federal Advisory 

Committee Act of 1972, the public or 

interested organizations may submit 

written comments to the Board about its 

mission and topics pertaining to this 

public session. Written comments must 

be received by the Designated Federal 

Officer at least five (5) business days 

prior to the meeting date so that the 

comments may be made available to the 

Board for their consideration prior to 

the meeting. Written comments should 

be submitted via email to the address for 

the Designated Federal Officer given in 

this notice in the following formats: 

Adobe Acrobat, WordPerfect, or 

Microsoft Word. Please note that since 

the Board operates under the provisions 

of the Federal Advisory Committee Act, 

as amended, all written comments will 

be treated as public documents and will 

be made available for public inspection. 

If members of the public are interested 

in making an oral statement, a written 

statement must be submitted as above 

along with a request to provide an oral 

statement. After reviewing the written 

comments, the Chairperson and the 

Designated Federal Officer will 

determine who of the requesting 

persons will be able to make an oral 

presentation of their issue during the 

open portion of this meeting. 

Determination of who will be making an 

oral presentation is at the sole discretion 

of the Committee Chair and the 

Designated Federal Officer and will 

depend on time available and relevance 

to the Committee’s activities. Five 

minutes will be allotted to persons 

desiring to make an oral presentation. 

Oral presentations by members of the 

public will be permitted from 3:00 p.m. 

to 4:00 p.m. in front of the Board. The 

number of oral presentations to be made 

will depend on the number of requests 

received from members of the public. 


tkelley on DSK3SPTVN1PROD with