Apple shirks resposibilty

I have a Nano 1st Generation which I gave to my 7 year old son - he absolutely loves it and sometimes falls asleep listening to his audiobooks. Recently the battery / charging has started playing up and when I looked on-line I saw that Apple had recalled many of these bought between end 2005 and 2006 (the same time I bought mine) due to the battery overheating and posing a safety risk.

Obviously this has made me nervous and I reached out via Twitter to find out whether mine was one of the affected units. To my surprise I received this curt response: "Thank you for contacting us for help. We understand your concern. Apple has discontinued all hardware service for this product with no exceptions. Service providers cannot order parts for this product."

So let me get this straight. Apple is refusing to tell me whether the product my son goes to sleep with every night is a safety hazard. The same product that was recalled by Apple a few years ago.

Is that Apple's final position on this?