LOS ANGELES (Legal Newsline) — Though not alleging her child choked on them, a woman is suing the maker of a toy she claims is dangerous.
Tesh Gamino, individually and on behalf of all others similarly situated, filed a complaint Oct. 31 in the U.S. District Court for the Central District of California against Spin Master Inc., and The Maya Group Inc., alleging violation of the Unfair Competition Law, fraudulent inducement and other claims.
Gamino claims in her class action that the defendants falsely and misleadingly market, label and package their water beads toy. She claims the toys, when ingested or inserted, can significantly expand beyond their original size and cause severe and life-threatening injuries.
Gamino also claims that the products are difficult to detect and diagnose because "they are practically invisible on x-rays." She alleges the defendants have failed to warn parents and consumers about the risks despite "several thousand reported" hospitalizations of children due to water beads injuries.
Gamino says the defendants' claim of "safe for kids" lulls consumers into a false sense of security.
Gamino and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Ryan Clarkson, Katherine Bruce and Kelsey Elling of The Clarkson Law Firm PC in Malibu.
U.S. District Court for the Central District of California case number 5:23-CV-02242-DMG-SP