Russ Rader, spokesperson for the commission, stated the more the child breathes, the tighter the ball is held in place.

It is just the right size to cover the nose and the mouth, and owing to the plastic's pliability, a child may suck the air out, creating a vacuum effect and causing the ball to become stuck to the face. Īccording to the Consumer Product Safety Commission, the design and size of the container made it easier for people to suffocate than with a plastic egg or a cup. The toys found in the containers were not a part of the proposed recall. However, they did not want to end a promotion if there was no issue with it. Burger King spokesperson Kim Miller stated if it turned out the container was a choking hazard, they would pull them out. The autopsy results had not been completed and released. They stated they were afraid to create anxiety for parents, as it was too soon to confirm whether the ball was responsible for the child's death, wanting to wait for an independent confirmation of the cause of death. Two days later, the Consumer Product Safety Commission asked Burger King to recall the containers, which Burger King refused to do. This was the first time a Burger King toy was blamed for a death. Following her death, the Tuolumne County Sheriff's Department issued a warning about the containers. On December 11, 1999, a 13-month-old girl in Sonora, California suffocated on the container, and was found deceased in her playpen with half of the ball covering her nose and mouth. Ten days into the promotion, Burger King North America President Paul Clayton ran full-page newspaper ads apologizing for shortages. The container could be opened by pulling the two halves of it apart. The containers were made by Equity Marketing, Inc. The containers ranged in color from red and white to hot pink.

Burger King distributed the Poké balls inside big kids meals and regular kids meals, and it was to last for eight weeks from early November through December 1999. Burger King released a set of 57 Pokémon toys in a $22 million Pokémon: The First Movie promotion, which were contained within round Poké Ball containers measuring from 2.75 and 3 inches in diameter.

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