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CPSC Probing Safety Concern After Team 5 Report

Parents Blame Defect In Pool Toy For Sending Babies Underwater

POSTED: 7:37 am EDT March 13, 2009
UPDATED: 4:22 pm EDT March 13, 2009

Just hours after Team 5 Investigates uncovered a pattern of complaints about a water toy for babies, the Consumer Product Safety Commission confirmed it is actively working on the matter, looking into whether there may be reason to recall the Ticklish Turtle water toy, made by AquaLeisure Industries of Avon, Mass.

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At least four consumers complained to AquaLeisure last July that the seat of the toy, designed to hold babies in the water, suddenly ripped.

AquaLeisure told Team 5 Investigates Thursday it was considering a national recall.

"I just heard her little hand on the side of the raft going, 'errrrrrrrr,'" said Britny Burka, whose 6-month-old daughter Elizabeth was in the float when the seat gave way. "And I looked, and all I saw was her hat."

Her baby went under the water.

"There was no splash, nothing. If I didn't hear her little hand," Burka said with a pause. "I mean, thank goodness I was beside her."

The float is called the Ticklish Turtle. It's manufactured by Aqua-Leisure Industries of Avon. Team 5 Investigates obtained internal documents showing the company received four complaints last July.

They read: "10-month-old went right through the seat"... "Call regarding child going through the seat"... "Child almost drowned."

"That is a pattern of a problem," said Robert St. Jacques, a former Aqua-Leisure employee who was a supervisor in customer service when the complaints came in. "I brought it to their attention immediately. I am not shy to let them know if a product has a potential injury or serious drowning issue. That's my job."

St. Jacques notified management in writing: "This product could lead to injuries if not a child drowning."

But the product was not recalled. Aqua-Leisure's Chief Financial Officer Ken Meewes responded, "This is definitely not the environment for a toy manufacturer to be getting an action from the CPSC. We certainly do not want to make a recall, but we are in a tough spot because this item was recalled once before."

The Ticklish Turtle is nearly identical to Aqua-Leisure's SunSmart Float, which Team 5 Investigates discovered was recalled in 2001 after CPSC logged a dozen complaints about "seats tearing and causing children to fall into the water."

Company executives initially ignored our requests for an interview, but this afternoon, finally agreed.

"We look to provide safety to children," said Barry Fireman, a vice president at Aqua-Leisure. "That's what we've been doing for 40 years."

Fireman acknowledged receiving the complaints last July, but said four close calls in a million products sold didn't seem like a lot. And company tests found nothing.

"We thought that we didn't have an issue there because in our testing and our oversight on it, we couldn't replicate what was said."

When Team 5 Investigates' Susan Wornick asked what the company did next, Fireman paused.

Federal law requires company executives to immediately report safety complaints to the CPSC. Fireman wouldn't say if Aqua-Leisure complied.

Instead Fireman said the company strengthened the seat and changed the name of the product from Ticklish Turtle to Turtle Baby Boat. But he agreed that the old product is still in stores and homes.

"I am afraid something is going to happen to a kid and it's all because they won't pull this off the shelves," Burka said.


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