Archive for the ‘Product Recalls’ Category

Magnet maker wins court ruling despite injuries to children

Posted Dec. 05, 2016, at 1:45 p.m.

In 2012, the Consumer Product Safety Commission issued a rule banning the sale of sets of small magnets. In November, the company that defied the agency won a federal appeals court victory; the firm’s website trumpeted, “Ban cleared. Game on.”

The Consumer Product Safety Commission’s action came after reports of injury to some children who swallowed the powerful neodymium (rare earth) magnet balls. If they ingested more than one, children were at risk of having the magnets attach and tear internal tissues or organs. Surgery sometimes was needed to remove the magnets.

Most distributors heeded the urgings of the group to stop selling the magnets, despite the warning labels stating that the toys were meant for adults and not children. One manufacturer — Zen Magnets of Boulder, Colorado — refused first the urgings and then orders to stop selling magnet sets. It did so with the backing of lots of consumers, who liked the variety of patterns they could form using the magnets.

The safety commission’s research in 2011 had found that some magnets sold in sets were 10 times more powerful than allowed in standards for children’s toys. Manufacturers insisted that the sets were for adults only, but the agency pointed to a rising number of emergency room visits involving children who had swallowed magnets.

A 2015 news release from the safety group blamed the death of a 19-month-old girl on magnet ingestion and estimated that 2,900 ER visits between 2009 and 2013 resulted from swallowed magnets. That news release focused on a federal judge’s order that Zen Magnets — at the time the only known seller of small magnet sets — to stop selling recalled magnets. The Justice Department had charged that Zen bought 917,000 magnets from another company, comingled them with other magnets and sold them after the other company issued a recall. Federal law bans the sale of recalled products.

In November of this year, a federal appeals court overturned the ban on magnet sales and sent the matter back to the Consumer Product Safety Commission. Two of the three judges wrote that they found the safety group’s emergency room statistics did not show that the agency rule “is reasonably necessary to eliminate or reduce an unreasonable risk of injury.” Those judges wrote that they had “no opinion” on the number of injuries that would support issuing a new safety standard.

The minority judge on the panel wrote, “In my view, the record sufficed for the Commission’s finding of an unreasonable risk of injury.” A commission spokesperson told us “the hazard from these small, powerful magnets has not changed” if more than one is swallowed. The agency is “assessing its options and takes the matter very seriously.”

While the safety commission assesses its options, magnet sales abound on the internet. After doing his victory dance, the founder of Zen Magnets called for education over regulation. Shihan Qu wrote on his company’s website that swimming pools and toy balloons are more dangerous than his magnets and that education is the key to the safe enjoyment of most products.

They may not be toys, but that’s how magnet sets may appear to little eyes. Qu agreed with many critics when he wrote, “… high powered magnets should be kept away from any mouths and young children who don’t know better.”

In the same article Qu wrote, “Instead of driving Zen out of business, and pushing production further from the CPSC’s field of view, I’d rather use our resources to fight alongside the CPSC for successful educational and awareness campaigns focused on consumers and medical professionals.”

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

Guard against buying recalled items that are sold as safe

CONSUMER FORUM

Posted Oct. 10, 2016, at 7:35 a.m.

The Consumer Product Safety Commission or CPSC came down hard last week on Best Buy. The retailer agreed to a $3.8 million civil penalty for distributing and selling products that had been recalled earlier.

Selling goods that are subject to “voluntary corrective action,” including a recall, is a violation of federal law. While agreeing to settle the case, a CPSC statement said “Best Buy’s settlement of this matter does not constitute an admission of CPSC staff’s charges.”

The commission said that between September 2010 and October 2015, Best Buy sold about 600 recalled items, including more than 400 Canon cameras. Other sales included recalled notebook computers, TVs, kitchen appliances and audio gear. Problems that prompted the recalls included overheating and skin irritation.

The CPSC statement said sales continued even after Best Buy told the agency that it had taken steps to reduce the risk that recalled products would be sold.

“While the number of items accidentally sold was small, even one was too many,” Best Buy’s senior director of external communications Jeff Shelman told Fortune.

Best Buy says it will set up a program to make sure that it complies with the Consumer Product Safety Act, including a system to appropriately dispose of recalled products.

You can find a list of the recalled products Best Buy sold at the CPSC website cpsc.gov/Recalls/2014/recalled-products-sold-by-best-buy-and-liquidators-after-recall-date.

The list includes contact information for the companies involved in the recalls; check with them regarding remedies.

Last November, CPSC and Home Depot issued an alert that 28 different products had been sold by the home improvement chain. A total of just more than 2,300 items may have ended up in consumers’ homes; about 1,300 were sold by Home Depot, and 1,000 were sent to salvagers or recyclers who could have sold them to consumers, according to CPSC.

See that list at consumerist.com/2015/11/19/home-depot-continued-to-sell-28-products-after-safety-recalls/.

Keeping up with recalls can be a challenge for businesses and consumers, but you can be notified about some of them. Six federal agencies list recall information at recalls.gov, where you can sign up to receive email notification of new recalls involving four of the agencies — CPSC, Food and Drug Administration, U.S. Department of Agriculture, National Highway Traffic Safety Administration.

Marden’s Surplus and Salvage is likely the major source of salvaged consumer goods in Maine. Harold “Ham” Marden is the primary buyer for many items. He said, “We don’t have a formal protocol [for tracking recalls] but we are constantly checking the lists.”

Marden said his co-workers are especially concerned about recalled baby clothes but that they do their best to check all stock against published recalls.

“Our people are watching as closely as they can,” he said.

Consumers who buy used goods from smaller dealers or at flea markets and yard sales need to do their own checking.

Another federal government website has links to agencies that track recalls involving food, medicines, medical devices, vehicles (including devices such as child car seats) and a wide range of other consumer products. Get started at usa.gov/recalls or call toll-free 1-844-USA-GOV1 (1-844-872-4681).

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

Have regulators become deadly slow with tainted food alerts?

CONSUMER FORUM

By Russ Van Arsdale, executive director Northeast CONTACT
Posted June 20, 2016, at 7:44 a.m.

Consumers are “at risk of injury or death.” That’s the kind of headline you’d expect to see in tabloids and on the talking head interview shows.

However, the above quote came from investigators for the Inspector General at the U.S. Department of Health and Human Services. They were referring not just to the commercially produced foods that made people sick but also to the slow pace of recalling tainted foods.

Those recalls are supposed to be handled by the Food and Drug Administration, or FDA. But the investigators found that, even after foods had been determined to pose health hazards, in some cases the agency was slow to force recalls.

Auditors had looked at 30 voluntary recalls from October 2012 to May 2015. They issued what’s termed a “rare alert” about two mandated recalls, saying “consumers remained at risk of illness or death for several weeks after FDA knew of potentially hazardous food.”

The Food Safety Modernization Act of 2011, or FSMA, gave the FDA the power to force companies to recall tainted products; it has used that power only twice, both times in 2013.

Recalls of salmonella-tainted pet food and adulterated dietary supplements came months after FDA learned of the problems.

Investigators also were troubled by two voluntary recalls. The first case occurred in 2014, when salmonella turned up in nut butter. The investigators say 165 days passed from the time the problem surfaced to the date the manufacturer issued a recall. There were 14 illnesses reported in 11 states.

Later that year, a listeria outbreak was traced to cheese products. The alert said it took 81 days to complete a series of recalls; at least nine people became ill.

George Nedder, who led the audit, was blunt. “I think the time that these recalls took were problematic, absolutely.”

The Center for Science in the Public Interest, or CSPI, has taken FDA to task over all voluntary recalls. Senior food safety attorney David Plunkett called on FDA to use the authority in FSMA to issue recalls, instead of letting manufacturers issue recalls voluntarily. Plunkett said,

“Unfortunately, based on the agency’s actions to date, the FDA hasn’t done much to implement those recall provisions and doesn’t appear to take informing consumers much more seriously [than some manufacturers] did,” he said.

The FDA fired off a news release following the rare alert. It stated that while lengthy delays happen in a minority of cases, such delays are still “unacceptable.” The release said the FDA is taking “concrete steps” to speed the pace of recalls.

“These steps include the establishment of a rapid-response team made up of agency leaders and the introduction of new technologies to make the process even swifter,” it stated.

The release did not indicate how those new technologies will operate.

In an agency blog, the FDA’s Dr. Stephen Ostroff and Howard Sklamberg wrote that deadlines are needed, but they won’t all necessarily be short. “The time needed to collect evidence can vary, but to request a recall without evidence risks recalling the wrong product and leaving consumers vulnerable to contaminated food that is still on the market,” they wrote.

Leaving contaminated food on store shelves is what concerned the auditors in the first place. We’re anxious to see FDA’s future recall record. See our blog for links to FDA recall information.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

Editor’s note: Consumer Forum will not be published the week of June 26. It will return the week of July 3.

What to do if you think your car qualifies for the massive air bag recall

Posted May 24, 2015, at 10:06 a.m.

Good news and bad news time: I’m average.

The average age of a vehicle on the road in the U.S. is 11.4 years, so my 2004 Ford Taurus station wagon is right on the median (or is that mean? I never got those two straight). That’s not good news in light of last week’s massive recall of automotive air bags.

Federal law says manufacturers do not have to report suspicious accidents in vehicles more than 10 years old. There’s a bill in Congress to change that, but for now, there may be a lot more cars needing recall work than anyone can imagine.

At last word, we were still looking for the full list of vehicles involved in the recall of those Takata air bags, which could deploy with excessive force, shatter the housing and send shrapnel into the people whom the bags were intended to save. The recall is expected to cover 34 million vehicles, about one of every seven cars in the country. That’s the largest recall ever involving motor vehicles and one of the biggest recalls on record.

Many consumers who have tried to check their recall status have found there are no easy answers. They are anxious, and with good reason; six deaths and more than 100 injuries have been linked to the faulty air bags, and owners will likely be impatient while regulators and manufacturers sort things out.

The National Highway Traffic Safety Administration has been fining Takata $14,000 per day for failing to cooperate with its investigation. Federal regulators and Takata agreed last week on the expanded recall, and some observers predict the fines will disappear as Takata absorbs the high costs of both the recall work and inevitable lawsuits.

For the moment, consumers need to be prepared. Consumer Affairs’ checklist goes as follows:

— Find your Vehicle Identification Number, or VIN, on the vehicle or registration.

— To see if you are eligible, go to www.safercar.gov/vin and type in your VIN.

— If your vehicle is among those recalled, go to any dealer of your vehicle right away and schedule a recall repair appointment.

— Ask your dealer (or the vehicle manufacturer) for a “loaner” vehicle while waiting for parts to become available.

Manufacturers are not required to give you a loaner, but some will. And if your vehicle is not on the recall list, it might be added in the future. It’s important to keep checking.

The National Highway Traffic Safety Administration website is another place to check (www.safercar.gov/rs/takata/index.html). Last week, that site was reporting very heavy usage, so be patient.

Experts are still looking for exact causes of the air bag problem, but excessive humidity is suspected to cause chemicals to deteriorate. Factor in climate when thinking of buying a car from Florida or other warm places.

You can check the safer car site to see if your vehicle has been recalled for other work as well. Carfax, which tracks all kinds of vehicle data, estimates 3.5 million cars for sale online in 2013 had undone, or “open” recalls. If a consumer sells a vehicle with an open recall privately, the buyer is unlikely to know about the needed recall work.

The National Highway Traffic Safety Administration offers an email notification system for vehicles, tires and child restraints. Before signing up, look at the sample email message on the National Highway Traffic Safety Administration ’s website (www-odi.nhtsa.dot.gov/subscriptions/index.cfm#) so you’ll know what the real thing looks like. Expect scammers to exploit the recall for their own purposes.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

Ignoring vehicle recall notices puts us all at risk

CONSUMER FORUM

Posted March 15, 2015, at 8:33 a.m.

Click image to sign up for email alert on your vehicle

If you’re one of the millions of vehicle owners who have received a recall notice and ignored it, this isn’t an attempt to shame you.

Think of it as a wake-up call. Up to one-fourth of us are riding in cars and trucks that may or may not be safe. What‘s unclear is why so many people take the risk.

By now, we’ve all heard of unintended acceleration, faulty air bags and quirky ignition switches. In fact, we’ve heard so much about so many recalls — a record number in 2014 — that we’re getting a little recall numb.

How could it be, we keep wondering, that these defects don’t get fixed? We ventured several reasons in this column back in April. Lack of awareness that a recall has been issued probably tops the list. Also, people move or sell vehicles privately, making delivery of recall notices challenging at best.

We should be past the point of mistaking a recall notice for just another hunk of junk mail. These days the envelopes must contain the words IMPORTANT SAFETY RECALL INFORMATION in bright red, capital letters.

The website of the National Highway Traffic Safety Administration ( nhtsa.gov) contains a search tool to determine if recall work has been done on a particular vehicle. Enter the Vehicle Identification Number (VIN), type the pictured numbers to prove you’re not a robot, and the database will reveal whether a vehicle involved in a recall has had the required work done.

It’s estimated that 60 million vehicles were covered by recalls last year. That was nearly double the record at the time. As many as 35 million had not been repaired as of Jan. 1, despite more robust efforts by regulators and automakers alike to get needed repairs done.

Some consumers are reluctant to take their cars or trucks to a dealer. They may have experienced or heard stories about mechanics’ finding “other necessary repairs” not covered by the recall, costing hundreds or thousands of dollars. These people may believe they’re better off to delay recall work or forgo it entirely and hope their luck doesn’t run out.

Some members of Congress have considered applying more pressure by barring re-registration of vehicles with outstanding recall work. Imposing new requirements on states from the federal level is bound to cause friction, even in the name of safety.

Earlier this month, Hyundai recalled some Elantras to fix power steering systems that reverted to manual. The company said loss of the power assist has not been considered a safety defect in the U.S. if manual steering was maintained. Hyundai said the industry has “increasingly handled similar issues through safety recalls” and it was following suit.

For government listings of all recalls, visit www.recalls.gov/nhtsa.html. That’s a page at safercar.gov, where you can also search by Vehicle Identification Number (VIN) to see if a particular vehicle has been involved in a recall.

The homepage of our blog ( https://necontact.wordpress.com) contains a section called “Product Safety and Recalls” with links to pertinent websites. The Safer Car entry contains a way to list your car for notification of future recalls.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visithttps://necontact.wordpress.com or email contacexdir@live.com.

Sunbeam Recalls Holmes Oil Filled Heaters Due to Scald Hazard | CPSC.gov

Recall Summary

Name of product: Oil-Filled Heater

Hazard: The oil-filled heaters can spray heated oil, posing a scald hazard.

Refund

 

Remedy

Consumers should immediately stop using the recalled heater, unplug it and contact Sunbeam for instructions on how to obtain a full refund.

Sold at

Target and small department stores nationwide from August 2014 through November 2014 for about $50.

Description

This recall involves Holmes brand oil-filled heaters that are black or white in color. The heaters included in the recall are about 23 inches tall, 6 inches deep and 12 inches wide and have model number HOH3000 or HOH3000B printed on a label on the bottom of the product. The “Holmes” logo is near the power switch and temperature control. Products affected have a code on the heater plug blade within the following range: G192 through G298.  No other codes are affected.

Incidents/Injuries

The firm has received approximately 40 reports of units that unexpectedly sprayed heated oil, resulting in reports of property damage involving damaged carpet and fabrics. No injuries reported.

Consumer Contact:

Sunbeam Products, Inc. at (800) 515-4715 anytime, or online at www.holmesproducts.com and click on “Oil Filled Heater Recall” for more information.

 

Consumer Advisory: Vehicle Owners with Defective Airbags Urged to Take Immediate Action

Monday, October 20, 2014
Contact: Karen Aldana, 202-366-9550, Public.Affairs@dot.gov

WASHINGTON, D.C. – The National Highway Traffic Safety Administration urges owners of certain Toyota, Honda, Mazda, BMW, Nissan, and General Motors vehicles to act immediately on recall notices to replace defective Takata airbags. The message comes with urgency, especially for owners of vehicles affected by the regional recalls in the following areas: Florida, Puerto Rico, Guam, Saipan, American Samoa, Virgin Islands and Hawaii.

Consumers that are uncertain whether their vehicle is impacted by the Takata recalls, or any other recall, can check on www.safercar.gov/vinlookup. On the site, consumers can search by their vehicle identification number (VIN) to confirm whether their individual vehicle has an open recall that needs to be addressed. In addition, consumers can sign-up for NHTSA recall alerts, which go out before recall letters are mailed by the manufacturers to the affected owners.

Affected Vehicles, by Manufacturer, Impacted by CY 2013 and 2014 Recalls Involving Takata Airbags

Toyota: 778,177 total number of potentially affected vehicles
2002 – 2004 Lexus SC
2003 – 2004 Toyota Corolla
2003 – 2004 Toyota Corolla Matrix
2002 – 2004 Toyota Sequoia
2003 – 2004 Toyota Tundra
2003 – 2004 Pontiac Vibe

Honda: 2,803,214 total number of potentially affected vehicles
2001 – 2007 Honda Accord (4 cyl)
2001 – 2002 Honda Accord (6 cyl)
2001 – 2005 Honda Civic
2002 – 2006 Honda CR-V
2003 – 2011 Honda Element
2002 – 2004 Honda Odyssey
2003 – 2007 Honda Pilot
2006 – Honda Ridgeline
2003 – 2006 Acura MDX
2002 – 2003 Acura TL/CL

Nissan: 437,712 total number of potentially affected vehicles
2001 – 2003 Nissan Maxima
2001 – 2003 Nissan Pathfinder
2002 – 2003 Nissan Sentra
2001 – 2003 Infiniti I30/I35
2002 – 2003 Infiniti QX4
2003 – Infiniti FX

Mazda: 18,050 total number of potentially affected vehicles
2003 – 2004 Mazda6
2004 – Mazda RX-8

BMW: 573,935 total number of potentially affected vehicles
2000 – 2005 3 Series Sedan
2000 – 2006 3 Series Coupe
2000 – 2005 3 Series Sports Wagon
2000 – 2006 3 Series Convertible
2001 – 2006 M3 Coupe
2001 – 2006 M3 Convertible

General Motors: 133,221 total number potentially affected vehicles
2002 – 2003 Buick LeSabre
2002 – 2003 Buick Rendezvous
2002 – 2003 Cadillac DeVille
2002 – 2003 Chevrolet Trailblazer
2002 – 2003 Chevrolet Impala
2002 – 2003 Chevrolet Monte Carlo
2002 – 2003 Chevrolet Venture
2002 – 2003 GMC Envoy
2002 – 2003 GMC Envoy XL
2002 – 2003 Oldsmobile Aurora
2002 – 2003 Oldsmobile Bravada
2002 – 2003 Oldsmobile Silhouette
2002 – 2003 Pontiac Bonneville
2002 – 2003 Pontiac Montana

 

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