NEWARK — The state is suing a Rhode Island company that allegedly sold yo-yo waterballs to New Jersey consumers despite a state law banning their sale.

Yo-yo waterballs are yo-yo toys with a rubber ball filled with liquid attached to a rubber cord. The cord has a finger loop on its end and can be stretched about three feet when swung. In some instances, the stretched cord has wrapped around the throats of children, causing choking and/or strangulation.

According to a release from the Attorney General’s Division of Consumer Affairs, Rhode Island Novelty, Inc. (RINCO) sold yo-yo waterballs through its web site and catalogues to New Jersey consumers – including schools and a library through September 2008, after the toy’s ban went into effect on April 1, 2008.

“New Jersey consumers had to provide their state location when buying yo-yo waterballs from this company,” said Consumer Affairs Director David Szuchman. “There is no excuse for allowing banned yo-yo waterballs to be sold in New Jersey.”

In July 2008, Consumer Affairs investigators found and confiscated more than 1,200 Yo-Yo Waterballs at boardwalk vendors in Atlantic City, Point Pleasant Beach, Seaside Heights and Wildwood. Around the same time, investigators found the toys for sale at a Five Below store.

In a 2008 release, Consumer Affairs said the U. S. Consumer Product Safety Commission (CPSC) had not banned the sale of Yo-Yo Waterballs. The CPSC, however, has reported that Yo-Yo Waterballs posed a potential strangulation risk.

Between December 1, 2002 and October 31, 2006, the CPSC received 416 reported incidents involving Yo-Yo Waterballs. Of these reported incidents, 290 involved the cord of the Yo-Yo Waterball becoming wrapped around the head or neck, with 16 reports stating that the person involved lost consciousness.

Those found selling or offering to sell yo-yo waterballs face an initial civil penalty of up to $10,000 and up to $20,000 for subsequent violations.

Anyone who sees yo-yo waterballs offered for sale in New Jersey can contact the state Division of Consumer Affairs online at www.nj.gov/oag/ca/ocp/ocpform.htm or by calling 1-800-242-5846 (toll-free within N.J.) or 973-504-6200.