Ledyard mother: Happy Meal toy endangered son

A promotional McDonald's Happy Meal toy that a 4-year-old boy in Ledyard allegedly put around his neck and nearly fainted from last month is now the subject of a federal investigation and an alert to parents from the Connecticut chief of consumer protection.

The plastic bracelet encircling the waist of the "Katara" female action figure and given out up until last week with Happy Meals is part of the promotion for "The Last Airbender," a fantasy/adventure film based on the animated television series "Avatar: The Last Airbender."

The bracelet allegedly pinched the arteries of the son of Ledyard mother Maze Stephan when the boy placed it on his neck on June 30, the mother said. Stephan said she yanked the toy off the child's neck as his eyes began to flutter and he nearly lost consciousness.

"It took a half minute for him to recover," Stephan said by phone. "I'm concerned that it was squeezing his neck on both sides. It was enough to knock the child out. I'm not going to rest until this (product) is recalled nationally."

So far, McDonald's and federal and state agencies say there have been no other reports of strangulation hazard for the toy. But McDonald's spokesperson Ashlee Yingling said in an e-mail late Monday that the promotion ended last week, as scheduled, and the toys are no longer available at McDonald's restaurants.

Earlier Monday, Consumer Protection Commissioner Jerry Farrell said the matter had come directly to his attention after Stephan reported it on July 1. Farrell said he wrote to U.S. Consumer Product Safety Commissioner Inez Tenenbaum to urge her to expedite the probe and take the potentially dangerous product permanently off the market.

Stephan had also reported the incident immediately to the Consumer Product Safety Commission and contacted McDonald's.

The state's consumer protection agency cannot do the type of testing of this particular toy that the federal consumer-protection commission can, Farrell said. He added that he has a 3-year-old of his own who has the toy, and as a parent, as well as a public official, he is concerned about its safety.

"It is rare for us to ask CPSC to give priority to a specific item, but I think the unique nature of this, assuming everything to be true, where the child could have died right there, demands that they look at this quickly," he said. "And the advice to consumers is, until this is all concluded, take the toy and put it aside, out of the reach of children."

CPSC contacted Stephan as part of its investigation about 10 days after the incident, the mother said, taking possession of the original toy and measuring the size of the child's neck.

CPSC spokesman Alex Filip said Monday scientists are testing the product for the amount of pressure it exerts.

"We want to make sure there is a hazard," Filip said. "We have people who have been doing this for years and years and they're in the best position to determine - quickly, we hope - what the level of hazard could be. On our end, we are giving it significant attention, simply because if it's perceived as a hazard, we'll move ahead as quickly as possible" to take action.

Under a CPSC recall, the agency would have McDonald's refund consumers, or replace or repair the item, Filip said. The rule for remedies is that they must be "reasonable," he said.

About two months ago, McDonald's recalled nearly 12 million cadmium-tainted "Shrek" promotional drinking glasses.

"There are no apparent standards that address this situation," he said. "That's why it's harder to come up with (a conclusion that) is, 'This, in fact, is a hazard.' "

In a statement issued Monday afternoon, Oak Brook, Ill.-based McDonald's said the toy had been evaluated by an independent third-party laboratory that is recognized by the CPSC. The laboratory, which it did not name, "determined (the toy) to be safe for children and in compliance with all applicable federal requirements," Yingling said via e-mail.

"McDonald's toy safety record far exceeds the record for the toy industry overall," wrote Yingling. "Our Happy Meal toy designs undergo extensive reviews and testing by a team of safety experts, including independent testing laboratories."

Stephan said she talked directly with McDonald's customer service representatives after the incident and was assured by the company that there would be immediate follow-up. But as of Monday, she said, she had yet to receive a call.

"It's really sad that it's taken this long, going on a month now, for anybody to look at this," Stephan said. "Tens of thousands of these (toys have been) given out. McDonald's just does not care that a four-year-old kid almost died, and I don't want this to happen to anyone else. They say it on their phones, but they don't with their actions."

McDonald's stated in response: "Rest assured, we take the safety and well-being of our customers, especially our youngest guests, extremely seriously. As with all claims, we thoroughly investigate to gather the facts."

Filip could not say how long the CPSC probe will take, but said the matter is being handled swiftly.

"McDonald's does a good job of taking care of its customers," Filip added. "We hope for the best here. The best is this may not be a problem, but if it is, hopefully (Stephan's) efforts will get a quick response from us."

p.daddona@theday.com