Archive for the ‘Consumer Product Safety Commission’ 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.

What happens when the feds issue a product recall order

CONSUMER FORUM

Posted Oct. 24, 2016, at 9:02 a.m.

A recent column dealt with the Consumer Product Safety Commission’s settlement with Best Buy after the retailer sold goods that had been recalled.

Northeast CONTACT asked attorney Regan A. Sweeney of Portland, a former trial attorney with CPSC, for some insights into the agency’s actions:

NEC: Does CPSC have a standard procedure when negotiating recalls, or is each case unique?

Sweeney: Your question raises a good point, which is that 99.9 percent of CPSC’s recalls are negotiated with the companies and are voluntary; they are not unilaterally decided by CPSC or forced on the companies. The procedure’s generally the same: the CPSC gets incident reports for a product, evaluates the hazard, opens an investigation, and where it finds a substantial hazard, it negotiates with the company for a recall. Because products are unique, recalls are tailored to the product, the hazard and the remedy being addressed.

NEC: In the Best Buy case, the sale of recalled products went on for some time. Why couldn’t CPSC act more quickly to stop those sales?

Sweeney: Because civil penalty cases are negotiated confidentially between the company and the CPSC, we’ll likely never know the details of the case. The settlement agreement tends to indicate that there were a very small number of recalled products that were similar to non-recalled products currently for sale, and a few were sold to consumers due to poor record-keeping and product tracking on Best Buy’s part. The settlement agreement is intentionally short on details, so we’ll never know what the CPSC knew when.

NEC: What about consumer products made overseas?

Sweeney: Federal laws require that a U.S.-based entity be responsible for imported products and for any recall, if necessary. Internet sales create a wrinkle in this, as they’re not considered sales in the U.S. Products purchased online directly from a foreign manufacturer or distributor wouldn’t be covered by CPSC’s laws, so consumers should always buy from a reputable, U.S. based distributor or retailer whenever possible.

NEC: How can consumers be sure they’re not buying recalled items at yard sales or flea markets?

Sweeney: CPSC maintains a database of all recalls announced, sortable by product type, brand, etc., but there’s currently no efficient way of checking that list short of running searches and looking through the listings. When shopping at places like that, use a smartphone to take a picture of the product and do an internet search for the product name and/or model number. Search CPSC’s site, www.saferproducts.gov, for the same things.

Even then, here’s a short list of products you should never buy used at a yard sale or flea market:

— Cribs. Federal crib standards and laws changed drastically in 2011, adding a lot of new safety requirements and making it illegal to resell any crib made before then. More importantly, a crib in a yard sale may not have been properly assembled, may have been subject to abuse that caused damage you can’t see, may have been fixed with unsafe homemade repairs, or have other potential problems. Using a replacement mattress in an old crib can create entrapment and asphyxiation hazards.

— Car Seats. It may be impossible to tell by sight if it’s already been in a car crash, thereby significantly reducing its ability to absorb another impact. Many are designed to work only with specific components and parts from that manufacturer; trying to pair it with other parts may render it unsafe.

— Soft Plastic Child Care Articles and Toys. CPSC’s rules over the years have evolved to prohibit certain plastic compounds — phthalates in particular — as they can migrate from the material to a child. These are relatively new rules and testing for these components is complex, not something recognizable by eye or touch, so steer clear of these items as they may not meet the new requirements.

Sweeney says companies that agree to a recall are required to have a website and a toll-free U.S. number for consumers to call to get the recall remedy and usually have to make the remedy available indefinitely. People who can’t get through on a toll-free number, don’t get a response from the website, or can’t readily get the remedy should visit CPSC online at www.cpsc.gov or call 800-638-2772.

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.

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.

Heating season increases carbon monoxide poisoning risk

CONSUMER FORUM

Posted Nov. 23, 2015, at 8:50 a.m.
During the past week, the Maine Emergency Management Agency issued two safety tips, each involving carbon monoxide detectors.

As colder weather sets in, Maine emergency management officials want consumers to be sure they have an early warning system in case of a buildup of carbon monoxide. Any heating appliance can release carbon monoxide. If it reaches dangerous levels, our human senses will not detect this colorless, odorless and tasteless gas.

Placement of the detectors is key. They should be in a central location outside each sleeping area of your home. If bedrooms are widely spaced, each area should have a carbon monoxide detector.

The agency also urges prompt action when the detectors sound an alarm. Maine Emergency Management Agency advises getting quickly to a place where there’s plenty of fresh air — probably outdoors — and staying there until emergency personnel say it’s safe to return.

Having emergency phone numbers near the phone also is critical, in case someone in your home is in trouble.

False alarms used to be common in older carbon monoxide detectors. As technology has improved, they’ve become less of a problem. It’s important to know what different sounds from a detector mean. Short beeps at regular intervals might indicate it’s time to replace the battery instead of a carbon monoxide problem. Periodic beeping might also indicate the detector is coming to the end of its useful life.

Many detectors contain an electrochemical cell that reacts when carbon monoxide is present. The chemical can degrade over time, making the detector less reliable. That’s why Underwriters Laboratories set a national standard that requires manufacturers to build in a system to alert consumers when a detector gets to the point where it can no longer detect harmful levels of carbon monoxide.

At the end of its useful life, the detector will chirp or make another sound to alert the consumer it’s time to buy a replacement. That also is a feature of smoke and heat detectors, which also are a must for staying safe.

Jake Johnson of the Bangor Fire Department says those types of detectors should also be replaced regularly; he says it’s good practice to buy new ones every 10 years.

Pushing the “test” button will sound an alarm showing that the detector has power and that the alarm works. Johnson says that sound does not necessarily mean the sensor is still reliable.

Some fire departments have smoke detectors available for people who cannot afford them. Jake Johnson says department members are more than willing to install them.

“We want to make sure if we’re giving these things out that they’re in the right place and that they work,” he said.

The Consumer Product Safety Commission has a lot of information about carbon monoxide at cpsc.gov/Safety-Education/Safety-Education-Centers/Carbon-Monoxide-Information-Center/Carbon-Monoxide-Questions-and-Answers-/.

If you have questions about either type of detector, call your local fire department.

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.

A few tips for safe, fun fireworks use

CONSUMER FORUM
Posted June 28, 2015, at 3:15 p.m.
Each Independence Day safety officials renew their advice regarding consumers who buy and use fireworks: Make sure everyone involved knows the items are not toys and are not to be used by children.

“I want to make sure people are aware that fireworks are for people 21 years of age and older,” Joseph Thomas, the state fire marshal, told me last week. Thomas noted young people suffer far too many hand and eye injuries because they are victims of fireworks-related accidents or because they have inappropriate access to fireworks.

Don’ let fun with fireworks turn tragic

 

The attraction is clear: They’re bright, colorful and noisy. Adults use them to celebrate, and children want to be part of the fun. The sad fact is that, in the month surrounding each Fourth of July, people make more trips to hospital emergency rooms because of fireworks mishaps. The Consumer Product Safety Commission estimated the total in 2013 at 11,400 injuries; the safety commission said one in four children hurt in fireworks-related incidents were bystanders at backyard fireworks displays.

The commission further states 240 people on average suffer fireworks-related injuries each day in the month surrounding July Fourth. Even sparklers — legal in most states where other fireworks can’t be sold — burn at 2,000 degrees and can cause serious burns.

Here is the Consumer Product Safety Commission’s top 10 list of what not to do when it comes to fireworks:

— Never allow young children to play with or light fireworks.

— Don’t buy fireworks wrapped in brown paper, which may be a sign of fireworks made for professional displays that could pose a danger to consumers.

— Always have an adult supervise fireworks in use.

— Don’t stand directly over a device when lighting the fuse; back up to a safe distance after igniting.

— Light fireworks one at a time, then move back quickly.

— Never re-light or pick up fireworks that haven’t gone off.

— Never point or throw fireworks at anyone.

— Keep a bucket of water handy in case of fire.

— Never carry fireworks in a pocket or shoot them off in glass or metal containers.

— Soak spent devices with plenty of water before discarding to prevent trash fires.

If your neighbor’s fireworks malfunction and burn down your house, your homeowner’s insurance likely will cover your loss — your insurer probably would try to recover the payout from your neighbor. If your fireworks burn down your neighbor’s house, you may be responsible for the property damage and suppression costs; however, your policy might only defend but not cover the loss. The Maine Bureau of Insurance can answer detailed questions at 207-624-8475. Types of coverage in typical homeowner’s policies are found on the Bureau’s website .

Check first to make sure fireworks are legal in your community. The state fire marshal’s office website has a map showing 39 Maine communities where fireworks are banned. If in doubt, call the fire marshal at 207-626-3870 or check with your local fire department.

In most Maine communities, fireworks use by consumers is a given. As Fire Marshal Joseph Thomas put it, “if it’s going to happen, let’s make it happen as safely as possible.”

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.

Kidde Recalls Disposable Plastic Fire Extinguishers Due to Failure to Discharge | CPSC.gov

Consumers should immediately contact Kidde for a replacement fire extinguisher.

Hazard:

A faulty valve component can cause the disposable fire extinguishers not to fully discharge when the lever is repeatedly pressed and released during a fire emergency, posing a risk of injury.

Consumer Contact:

Kidde toll-free at (855) 283-7991 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.kidde.com and click on Safety Notice for more information.

Incidents/Injuries:

Kidde has received 11 reports of the recalled fire extinguishers failing to discharge as expected. No injuries have been reported.

Remedy:

Consumers should immediately contact Kidde for a replacement fire extinguisher.

Sold at:

Home Depot, Menards, Walmart and other department, home and hardware stores nationwide, and online from August 2013 through November 2014 for between $18 and $65, and about $200 for model XL 5MR.

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.

 

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