My daughter has a set of those, I've known about the issues since day one of giving it to her and so we play with them only under adult supervision and clean up help so that her baby brother never finds one of the magnets on the floor to eat.
Anybody saying that it's only bad parents that would let the younger of 2 children get ahold of one accidently have never tried to keep track of all the small parts of a toy belonging to an older child with a lot of parts! Small parts, inevtiably get dropped and lost. A magnet can come out of those plastic parts without you even noticing while putting it away. And the smaller of your children will inevitably find it on the floor.
Luckily the danger is in swallowing more than one of them at a time, or within a day or so of each other, and not just getting ahold of one.
So being stellar parents it may be possible to play with your child and a set of these and count them going into the box at the end of the playtime. Like a surgeon counting sponges
This is what I do when we get them out. But no matter what you do, if this is kept in your house where your kids can play with them without you, the little pieces will get dropped and lost!
I think that some small design changes could be made to the plastics and glue used that would keep the magnets more securely attached. Much less chance that they will swallow the whole piece of plastic than the hearing aid battery sized magnet that can fall out of them. And they do fall out very easily. I have re-glued the magnets into 3 or 4 pieces now already and we dont use it very often.
Considering how easy the magnets fall out of these things it may be that they do need to be recalled. Perhaps only for households with children under 3 in them. The product does need a redesign to keep those magnets from falling out.
The fact that as a parent you might not be able to keep a lost, 8th inch diameter magnet from being found by a baby is not at issue here.