Today, Clarkson Law Firm, the prominent California based public interest firm, filed a federal class action lawsuit in the Central District of California against Orbeez, manufacturer of the wildly popular water beads toy.
The lawsuit, brought on behalf of a group of parents, alleges that for years, children have been hospitalized and even killed as a result of ingesting these dangerous, small toys, yet the company has refused to include appropriate warnings on their products.
“Orbeez is fully aware of the life-threatening risks of their products, and the number of children who have been hospitalized as a result,” said Ryan Clarkson, Managing Partner at Clarkson Law Firm. “Still, they refuse to include adequate warnings against ingesting these beads, leaving parents, teachers, and guardians completely in the dark about the harms that could befall their children as a result of these dangerous toys.”
Orbeez manufactures and sells small, colorful, candy-like water beads that have become a staple in homes, schools, and daycares. However, they fail to properly warn consumers about the risk they pose to small children if they swallow the beads. Once ingested, the beads grow when they come into contact with water or stomach fluids, create blockages that require surgery, and since they are virtually undetectable in an x-ray, can result in late detection, delayed treatment, and death.
The lawsuit is asking first, that Orbeez be required to eliminate the risks by either taking the product as currently labeled off the market, or adding a warning label that clearly states the potential risks. Second, they ask for monetary compensation for all consumers who have bought the product without understanding the dangers involved.
“The bottom line is that no child should lose their life because of a toy,” said Timothy Giordano, Partner at Clarkson Law Firm. “At minimum, Orbeez has a responsibility to inform consumers about the life-threatening risk that these widely-available toys present to children. Everyone has a right to know when something they purchase could place children in danger.”
