Heard back from Health Canada. A simple yes/no would have been sufficient, but I've posted their full response. For those who don't want to read it.. I'll summarize: They probably asked Polar Pen to stop.
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Thank you for your correspondence of November 25, 2013 concerning the Polar Pen and Stylus.
The safety of consumer products in Canada is governed by the Canada Consumer Product Safety Act (CCPSA). Health Canada’s Consumer Product Safety Directorate works closely with partners and stakeholders in administering the CCPSA to help protect Canadians from product-related hazards and to promote the safe use of consumer products. The CCPSA does not allow the manufacture, advertisement, sale or import of consumer products that pose a danger to human health or safety; that are prohibited under the Act; or that do not comply with product-specific regulations that set out various safety and performance-based standards, test methods and labelling requirements. For more information, please visit
www.hc-sc.gc.ca/cps-spc/legislation/act ... ex-eng.php.
When a consumer product is found to be non-compliant with one or more of the requirements under the CCPSA, Health Canada Inspectors will take appropriate action with the establishment responsible for the product. Compliance and enforcement actions may range from a voluntary stop sale of a product to a consumer recall and/or prosecution, depending on the level of risk and other factors involved in a particular case. When appropriate, voluntary compliance is sought prior to escalating to mandatory actions, but the CCPSA provides the authority for Health Canada to issue an Order for a company to complete certain actions such as a consumer product recall.
In order to utilize the authority under the CCPSA to address products that are a danger to human health or safety, Health Canada requires strong evidence to understand the risks associated with the products. Departmental officials have gathered information on novelty magnet sets from a range of sources, including hospital data, incident reports and scientific literature. This information supported a risk assessment that was completed earlier this year, which informed the determination that magnet sets containing more than one small(1), powerful(2) magnet, regardless of the intended age of the user, where the set is intended for use as a toy or manipulative for general entertainment, such as puzzle working, sculpture building, mental stimulation or stress relief are a danger to human health or safety within the meaning of the CCPSA.
Background on the Danger
Powerful magnets that are very small can be easily swallowed or inhaled. Unlike other small objects that are more likely to pass normally through the digestive system if swallowed, when more than one powerful magnet is swallowed in a short period of time, the magnets can attract one another while moving through the intestines. When this happens, the magnets can twist the intestines and create a blockage or they can slowly tear through the intestinal walls.
The results of swallowing small, powerful magnets can be very serious and life-threatening. Swallowing incidents have often resulted in considerable damage to the gastrointestinal tissues and required emergency surgical treatment. For survivors there can be serious, lifelong health problems(3, 4). Health Canada is aware of two fatalities of children who swallowed small powerful magnets.
A further concern regarding this unique hazard is that swallowing small magnets may happen with no signs of physical distress or discomfort being shown for many days. The non-specific symptoms that a child eventually develops may include vomiting, diarrhea, and flu-like abdominal pain. Because of the similarity of these symptoms to the stomach flu, parents may not seek medical attention until severe trauma has developed.
Children and teens have unintentionally swallowed the magnets when playing with them in foreseeable ways, such as: using the magnets to mimic a tongue, lip or nose piercing; attaching them to braces; mistaking the magnets for candy; or simply in general exploratory play.
Specific characteristics of magnet sets and magnetic children’s toys have been identified as dangerous and Health Canada is taking action to remove products with these characteristics from the marketplace.
Recent Health Canada Actions for Magnet Sets
Health Canada continues to take action to have dangerous magnet sets removed from the Canadian market. On April 26, 2013, Health Canada issued a notice entitled Information for Manufacturers, Importers, Distributors and Retailers of Products Containing Small, Powerful Magnets to provide information on the characteristics of certain magnetic products that are considered to pose a danger to human health or safety. An advisory was then issued on May 22, 2013, to alert the public to the health and safety concern and to advise of the specific products that are considered to be a danger.
Health Canada is actively pursuing enforcement action on all dangerous magnet sets supplied or advertised in Canada. To date the following recalls have been completed:
§ Tradeopia Corp. Magnodots / Magnocubes magnet sets recall:
http://healthycanadians.gc.ca/recall-al ... 9r-eng.php, 2013-10-09;
§ Nano Magnetics Ltd. Nanodots magnet sets recall:
http://healthycanadians.gc.ca/recall-al ... 3r-eng.php, 2013-09-03;
§ Strong Force Inc. Neocube magnet sets recall:
http://healthycanadians.gc.ca/recall-al ... 9r-eng.php, 2013-08-22;
§ NeoMagnetic Gadgets Inc. NeoMagnetic Cube / Square magnet sets recall at:
http://healthycanadians.gc.ca/recall-al ... 3r-eng.php, 2013-06-20; and
§ Buckyballs magnet sets recall:
http://www.healthycanadians.gc.ca/recal ... 7r-eng.php, 2013-05-22.
Other countries, including the United States and Australia, have taken comparable action to prohibit or recall sets of small powerful magnets.
(1) Where "small" is defined as a magnet or magnetic component that can be entirely enclosed in the small parts cylinder as illustrated in Schedule 1 of the Toys Regulations under the CCPSA.
(2) Where "powerful" is defined as a magnet with a magnetic flux index of 50 kG2mm2 or more (when tested according to the method described in sections 8.24.1 to 8.24.3 of ASTM F963-11, Standard Consumer Safety Specification for Toy Safety).
(3) Consumer Product Safety Commission. Safety Standard for Magnet Sets A Proposed Rule by the Consumer Product Safety Commission, see Part C.3. Details Concerning Injuries, 2012-09-04, from
https://www.federalregister.gov/article ... sets#h-16.,
(4) North American Society for Pediatric Gastroenterology, Hepatology and Nutrition. NASPGHAN, Warning Labels Ineffective at Preventing High-Powered Magnet Ingestions, 2012-10-23, from
http://www.naspghan.org/user-assets/Doc ... elease.pdf.
I hope you find this information useful.
Regards,
Michael Tamkee BSc
Health Canada | Santé Canada
Consumer Product Safety | Sécurité des produits de consommation
Burnaby, Canada V5G 1J9
