The lawsuit, filed in Hennepin County, Minnesota, by the firm Feldman Shepherd, contends that Target was aware of the risks posed by the product. Although the retailer issued a stop-sale order in November 2022 following reports of serious injuries to other children, it allegedly made no effort to notify families who had already bought the kits. The Bethard family, who were active members of Target’s rewards program, argue that a simple communication could have alerted them to the danger and prevented the tragedy.
Esther ingested the bead in 2022, despite the family’s strict safety protocols involving high-shelf storage and adult supervision. The kits contain super-absorbent polymers that expand up to 1,500 times their size upon contact with moisture. Because these beads do not dissolve, they frequently cause catastrophic intestinal obstructions in toddlers. The U.S. Consumer Product Safety Commission eventually issued a formal recall for 52,000 units in September 2023. Attorney Daniel J. Mann criticized the retailer's response, stating that the company should prioritize child safety with the same intensity it applies to its marketing outreach.

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