Toy Candy Identified As Choking Hazard

Attorney General Spitzer today announced a multi-state settlement with Nestle USA, Inc. for a toy-candy product that was identified as a choking hazard for young children.

Under the terms of the agreement, Nestle will pay costs of $1.5 million to 12 states, and refrain from marketing similar products.

In a joint action, the Attorneys General from the 12 states said a plastic ball embedded into the Nestle Magic chocolate ball could be a choking hazard. After being marketed and distributed for just three months in 1997, the Attorneys General demanded that Nestle remove the product from the market. Nestle voluntarily complied with this request.

The Department of Law claimed that Nestle, in advertising Nestle Magic in New York State, misrepresented that the offer and sale of Nestle Magic is absolutely safe for children of all ages. Various states’ food safety laws and the Federal Food, Drug and Cosmetic Act also prohibit the offer, sale or delivery of adulterated foods, including a confectionery with a partially or completely embedded object with no nutritional value.

"Maintaining the safety of our children is a priority for me as the Attorney General, and as a father," Spitzer said. "I am committed to actively promoting stringent toy safety standards throughout the State."

The other states participating in the agreement are Connecticut, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, Oregon, Texas, Vermont, Wisconsin and the Commonwealth of Massachusetts and Pennsylvania.

This case was handled by Shirley Stark, Assistant Attorney General, in the New York State Department of Law Consumer Frauds and Protection Bureau.