Yo-Yo Sparklers Recall Lawsuit

Yo-Yo Sparklers, manufactured by Jake’s Fireworks, have been recalled by the CPSC after dozens of reports of serious burns. Many of those affected by the “exploding fireworks” have begun to file lawsuits seeking accountability from the Pittsburg, Kansas based corporation.

After receiving dozens of reports of injuries at the hands of Yo-Yo Sparklers, the Consumer Products Safety Commission issued a formal recall of the dangerous product on July 9th 2015. However, this notice came as too little and too late for many men, women and children who were burned by, what they described as, “exploding fireworks”. Although fireworks are known to be dangerous, consumers are still entitled to the reasonable expectation that they will function as indicated; Yo-Yo Sparklers did not.

What Are Yo-Yo Sparklers?

Yo-Yo Sparklers

Dangerous & Defective Yo-Yo Sparklers

Yo-Yo Sparklers are a type of firework that is 13 1/2 inches long, metallic gray in color built around a wire stick. Once lit, the sparklers were designed to spew out sparks while burning downwards. Once the sparks hit the base of the sparkler, the flame was supposed to ignite a second layer of flammable material, sending the sparks back upward; like a yoyo. With hundreds of types of sparklers on the market, Jake’s Fireworks set out to distinguish its product from the competition by selling them in multicolored packages, which each contained four individual sparklers. The front of the packages had a logo with the American flag and the words “World Class Fireworks” across the top. The packaging also featured the words “YOYO Sparklers” and two pictures of burning sparklers at the bottom. Despite Jake’s Fireworks clever marketing techniques, defective and dangerous Yo-Yo Sparklers were actually made in China.

Injured by a Defective Sparkler?
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Dangerous Firework Manufacturing

Sparklers of all types, including Yo-Yo Sparklers, are widely (and wrongly) thought to be the safest form of firework by most families. However, The National Council on Fireworks Safety reports that more than 16 percent of legal firework-related injuries in the United States are due to sparklers. While U.S. Consumer Product Safety Commission statistics have shown that close to 57% of all firework injuries sustained by children 5 and under, were at the hands of sparklers. These statistics are due largely in part to user error, which can include mistakes such as dropping and picking up the hot end of a sparkler (the most common injury), holding a sparkler too loosely, or holding a sparkler too close to the face or body. These are all injuries that could have been prevented.

Such was not the case with Jake’s Fireworks brand Yo-Yo Sparklers. These dual burning fire sticks were manufactured in loosely regulated Chinese factories, resulting in a sparkler that burned inconsistently; causing serious injury to a number of people. Many consumers were not aware these fireworks were made outside of The USA, as the packaging featured prominent American Flags as well as “World Class Fireworks” on the packaging. This insinuation lead many to believe that Jake’s Fireworks were manufactured using the high quality and regulation known in American manufacturing.

Each year the CPSC issues hundreds of recalls for Chinese made products. Unfortunately Jake’s Fireworks brand Yo-Yo Sparklers had to injure a number of Americans, over a holiday celebrating our nation, for this recall to be enforced.

CPSC On Yo-Yo Sparklers

On July 9th 2015 The Consumer Product Safety Commission issued an announcement titled, “Jake’s Fireworks Recalls YoYo Sparklers Due to Burn Hazard”. This communication spoke on a mandatory recall of Yo-Yo Sparklers due to burn hazard. The specific information in the recall is as follows:

Name of product:
Sparklers

Hazard:
The sparklers burn faster and with a larger flame than normal and can burn down the stick towards users’ hands, posing a burn hazard.

Remedy:
Refund

Recall date:
July 9, 2015

Recall number:
15-180

Description:
This recall involves Yo Yo Sparklers. The sparklers are 13 1/2 inches long, metallic gray in color on a wire stick. They were sold in multicolored packages containing four individual sparklers. The front of the packages had a logo with the U.S. flag and the words World Class Fireworks at the top, the words YOYO Sparklers and two pictures of sparklers burning at the bottom.

Remedy:
Consumers should immediately stop using the recalled sparklers, take them away from young children and contact Jake’s Fireworks to receive a full refund.

Incidents/Injuries:
Jake’s has received 12 reports of incidents of the sparklers burning rapidly down the stick towards users’ hands resulting in second degree and third degree burns to consumers hands.

Sold At:
Small fireworks stands and pop-up stores nationwide from April 2015 to July 2015 for about $3 per package.

Distributor(s):
Jake’s Fireworks Inc., of Pittsburgh, Kan.

Manufactured In:
China

Units:
About 651,500

A major concern in the recall of Yo-Yo Sparklers is the storage and use of the fireworks at a later date. As fireworks age, the pyrotechnic composition they are comprised of begins to deteriorate, causing inconsistent burning patterns. This is thought to be an especially important issue with Yo-Yo Sparklers, as they are already composed of an unpredictable mixture. If you or a loved one has any Jake’s Fireworks brand Yo-Yo Sparklers in storage, contact the CPSC to receive further instructions on proper disposal.

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