If you or a loved one experienced lead poisoning or other health issues following the use of a recalled Nerf Super Soaker water blaster, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective products containing harmful substances.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Table Of Contents
- Super Soaker Recall Lawsuit Overview
- Latest Super Soaker Recall Lawsuit Updates
- CPSC Reports and Statistics
- What’s the Problem?
- Lead Poisoning Injuries & Side Effects
- Do You Qualify for a Super Soaker Recall Lawsuit?
- Talk to Your Healthcare Provider if You Think Your Child has been Exposed to Lead
- Super Soaker Recall Information
- Statute of Limitations for Super Soaker Recall Lawsuits
- FAQs
- 1. What steps should I take if I receive a recall notice for my Super Soaker?
- 2. How does a recall affect the resale value of my Super Soaker?
- 3. Can I still use my Super Soaker if it is part of a recall?
- 4. How do I know if my child has been exposed to lead from a Super Soaker?
- 5. What compensation can I expect from a Super Soaker recall lawsuit?
- 6. How long will a Super Soaker recall lawsuit take to resolve?
- 7. Can I join a class action lawsuit for the Super Soaker recall?
- Take Action Now: Time-Sensitive Legal Claims
- References
Super Soaker Recall Lawsuit Overview
The Super Soaker Recall lawsuit centers on Hasbro’s Nerf Super Soaker XP20 and XP30 water blasters that were found to contain illegal levels of lead in their decorative stickers.
These legal claims allege that the manufacturer failed to properly test and ensure the safety of their products before selling them to consumers.
According to the Consumer Product Safety Commission (CPSC), the decorative labels on these water guns violated the federal lead content ban [1]. The recall affected approximately 52,900 units sold exclusively at Target stores from March 2020 through July 2020.
Latest Super Soaker Recall Lawsuit Updates
August 2023 – Multiple families have filed lawsuits against Hasbro after their children showed elevated blood lead levels following prolonged handling of the recalled Super Soaker water guns. These cases are currently moving through federal courts with plaintiffs seeking compensation for medical monitoring and treatment costs.
March 2022 – The first class action settlement related to the Super Soaker recall was approved, providing refunds to purchasers and reimbursement for lead testing for children who may have been exposed. The settlement also established a medical monitoring fund for affected consumers.
August 19, 2020 – Hasbro officially recalled approximately 52,900 Nerf Super Soaker XP20 and XP30 water blasters due to violation of the federal lead content ban in their decorative stickers, according to the Consumer Product Safety Commission [2].
CPSC Reports and Statistics
The Consumer Product Safety Commission (CPSC) has provided key data regarding the Super Soaker recall and lead exposure concerns:
- The Super Soaker recall affected approximately 52,900 units sold nationwide [3]
- According to the CDC, there is no safe level of lead exposure for children, and even low levels of lead can cause decreased IQ, learning disabilities, and behavioral problems [4]
- The CPSC reported that the decorative stickers on the recalled water blasters contained lead levels that exceeded the federal limit of 90 parts per million (ppm)
- Approximately 500,000 U.S. children ages 1-5 have blood lead levels above 5 micrograms per deciliter (μg/dL), the reference level at which CDC recommends public health actions be initiated [5]
- The economic burden of childhood lead exposure in the United States is estimated at $50 billion annually, according to research published in the journal Health Affairs
What’s the Problem?
This CPSC Recall affects the Nerf Super Soaker XP20 (E6286) which is a green and orange hand-held water blaster, and the XP 30 (E6289) which is an orange and blue hand-held water blaster.
“Nerf Super Soaker” and the model number are printed on the sticker on the side of the water blaster, CPSC said.
The recalled water guns were sold exclusively at Target stores nationwide from March 2020 to July 2020 for about $8 (XP 20) and $13 (XP 30).
If you purchased a water gun that is affected by this recall, you should take it away from children and contact Hasbro for information about how to obtain a refund.
This recall began on August 19, 2020.
Lead Poisoning Injuries & Side Effects
Lead exposure from recalled Super Soaker water blasters can cause serious health problems, particularly in children whose developing bodies absorb lead more readily than adults [6].
- Neurological Damage: Lead exposure can cause permanent brain damage resulting in learning disabilities, decreased IQ, attention deficit disorders, and behavioral problems that may not be reversible even after treatment
- Developmental Delays: Children exposed to lead may experience slowed growth, delayed development, and hearing problems that can affect their academic performance and social interactions
- Digestive System Complications: Lead poisoning can cause severe abdominal pain, vomiting, constipation, and appetite loss that may lead to nutritional deficiencies and weight loss
- Cardiovascular Effects: Even low levels of lead exposure have been linked to increased blood pressure and higher risk of hypertension later in life, particularly with prolonged exposure during childhood
Do You Qualify for a Super Soaker Recall Lawsuit?
You may qualify for a Super Soaker Recall lawsuit if:
- You purchased a Nerf Super Soaker XP20 or XP30 water blaster between March 2020 and July 2020
- Your child played with or handled the recalled water gun
- Your child has been diagnosed with elevated blood lead levels or exhibited symptoms of lead poisoning after exposure to the product
- You have medical documentation of lead-related health issues
- You retained the recalled product or have proof of purchase
- You file your claim within your state’s statute of limitations period
Evidence Required for a Super Soaker Recall Lawsuit
Building a strong case requires proper documentation:
- Proof of purchase for the recalled Super Soaker (receipts, credit card statements, photos of the product)
- Medical records documenting blood lead levels and related health issues
- Documentation of medical treatments and their costs
- Evidence connecting your child’s lead exposure to the recalled product
- Records of communication with Hasbro regarding the recall
- Documentation of any developmental or behavioral changes in your child following exposure
Damages You Can Recover
In a successful Super Soaker recall lawsuit, you may be entitled to compensation for:
- Medical expenses for lead testing, treatment, and ongoing monitoring
- Specialized education costs for children affected by lead-related developmental issues
- Pain and suffering associated with lead poisoning
- Lost wages for parents who missed work to care for affected children
- Punitive damages in cases where manufacturer negligence can be proven
Talk to Your Healthcare Provider if You Think Your Child has been Exposed to Lead
If you think your child or another loved one has developed lead poisoning, you should contact your healthcare provider immediately. He or she can help you decide whether to undergo testing.
A blood lead test is the only way to determine whether your child has been exposed to lead. Most children with lead poisoning have no immediate symptoms.
If your child has been exposed to lead, a healthcare provider can recommend needed services.
For more information on sources of lead exposure and prevention tips, visit the U.S. Centers for Disease Control and Prevention’s Childhood Lead Poisoning Prevention Program webpage or call CDC-INFO at 1-800-CDC-INFO (232-4636).
Super Soaker Recall Information
The Nerf Super Soaker recall information includes:
- Recall Date: August 19, 2020
- Products Affected: Nerf Super Soaker XP20 (model number E6286) and Nerf Super Soaker XP30 (model number E6289)
- Units: Approximately 52,900 water blasters
- Hazard: Decorative stickers on the water blasters contain levels of lead that exceed the federal lead content ban
- Where Sold: Exclusively at Target stores nationwide
- Sale Period: March 2020 through July 2020
- Price: About $8 (XP20) and $13 (XP30)
- Manufacturer: Hasbro Inc., of Pawtucket, Rhode Island
- Remedy: Consumers should immediately take the recalled water blasters away from children, stop using them, and contact Hasbro for instructions on how to return the product and receive a full refund
Statute of Limitations for Super Soaker Recall Lawsuits
The time limit for filing a Super Soaker recall lawsuit varies by state, typically ranging from 1-6 years from the date of injury or discovery.
Key considerations include:
- Product liability claims typically have a 2-3 year statute of limitations in most states
- The “discovery rule” may apply, meaning the clock starts when you discovered or reasonably should have discovered the injury was caused by the recalled product
- For children, the statute of limitations may be “tolled” (paused) until they reach the age of majority in many states
- Claims against manufacturers may have different deadlines than those against retailers
Given the complexity of product liability law and varying state regulations, it’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the applicable timeframe.
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FAQs
1. What steps should I take if I receive a recall notice for my Super Soaker?
If you receive a recall notice, follow the instructions provided, which typically include stopping use of the product and returning it to the manufacturer for a refund or replacement.
2. How does a recall affect the resale value of my Super Soaker?
A recall can negatively affect the resale value of your Super Soaker, especially if the defect poses significant safety risks. Completing recall repairs or replacements can help mitigate this impact.
3. Can I still use my Super Soaker if it is part of a recall?
It is generally not recommended to use a recalled product due to potential safety risks. Follow the recall instructions and return the product for a refund or replacement.
4. How do I know if my child has been exposed to lead from a Super Soaker?
The only reliable way to determine lead exposure is through a blood test ordered by a healthcare provider. Many children with elevated blood lead levels show no immediate symptoms, making testing crucial if exposure is suspected.
5. What compensation can I expect from a Super Soaker recall lawsuit?
Compensation varies based on factors like severity of injuries, medical expenses, and long-term health impacts. Cases involving confirmed lead poisoning with documentable health effects typically result in higher settlements than cases involving only potential exposure.
6. How long will a Super Soaker recall lawsuit take to resolve?
Most product liability cases take 1-3 years to resolve, though individual timeframes vary based on case complexity, evidence availability, and whether the case settles or goes to trial. Your attorney can provide a more specific timeline based on your circumstances.
7. Can I join a class action lawsuit for the Super Soaker recall?
Yes, class action lawsuits may be available for consumers who purchased recalled Super Soakers. However, if your child suffered significant health impacts from lead exposure, an individual lawsuit may better address your specific damages and medical needs.
See all related product liability lawsuits our lawyers covered so far.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action related to the Super Soaker recall. Most states impose a statute of limitations of only 2-3 years from the date of injury or discovery, after which you may permanently lose your right to seek compensation.
Lead poisoning cases are particularly time-sensitive because symptoms may develop gradually, and the connection between exposure and health problems might not be immediately apparent. Waiting too long could jeopardize your legal rights and your child’s ability to receive compensation for ongoing medical needs.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your potential case
- No upfront costs or fees for our services
- Payment only if we win your case and secure compensation for you
- Attorneys with specific experience in defective children’s product litigation
References
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- https://www.cpsc.gov/Recalls/2020/Hasbro-Recalls-Super-Soaker-XP-20-and-XP-30-Water-Blasters-Due-to-Violation-of-Federal-Lead-Content-Ban-Sold-Exclusively-at-Target
- https://www.cpsc.gov/Recalls/2020/Hasbro-Recalls-Super-Soaker-XP-20-and-XP-30-Water-Blasters-Due-to-Violation-of-Federal-Lead-Content-Ban-Sold-Exclusively-at-Target
- https://www.cpsc.gov/Recalls/2020/Hasbro-Recalls-Super-Soaker-XP-20-and-XP-30-Water-Blasters-Due-to-Violation-of-Federal-Lead-Content-Ban-Sold-Exclusively-at-Target
- https://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm
- https://www.cdc.gov/nceh/lead/data/national.htm
- https://www.mayoclinic.org/diseases-conditions/lead-poisoning/symptoms-causes/syc-20354717