NEWS from CPSC
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Office of Communications,
FOR IMMEDIATE RELEASE
October 14, 2011
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens Bronx; Queens injury lawyer)
Comment: Interesting case of defective product recall and huge fine against seller. Product is a toy dart gun with soft darts. It seems safe enough, soft darts can’t take out a child’s eye, right? Apparently, however, the darts can be swallowed and children have choked to death.
So the toys, which cost $1.50, were recalled. So why is the seller fined over One Million Dollars? Because, according to the recall notice, it lied to the CPSC’s investigators. A big "no, no."
CPSC Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) announced today that Henry Gordy International, Inc. (Henry Gordy), of Plainfield, N.J., has agreed to pay a civil penalty of $1,100,000. The penalty agreement has been provisionally accepted by the Commission (5–0).
The settlement resolves CPSC staff’s allegations that Henry Gordy knowingly failed to report the safety defect and hazard with the "Auto Fire Target Set" immediately to CPSC, as required by federal law. CPSC staff also alleges that the firm made a material misrepresentation to CPSC staff in the course of staff’s investigation into the target sets.
CPSC staff alleges that Henry Gordy knew on or about May 2006 that the target set was defective and could cause harm but failed to report this to CPSC. CPSC staff alleges that the target set is defective because if a child places the soft, pliable, plastic toy dart into his or her mouth, the toy can be inhaled into the throat and can prevent the child from breathing.
CPSC staff also alleges that Henry Gordy made a material misrepresentation to the staff in the course of the staff’s investigation into the target sets in May 2009 by not reporting all of the information Henry Gordy was then aware of.
In May 2010, Family Dollar Stores, Inc. and CPSC announced the recall of about 1.8 million Auto Fire Target Sets because Henry Gordy refused to conduct the recall. By that time, there were three deaths associated with the target set. Auto Fire Target Sets were sold exclusively by Family Dollar between September 2005 and January 2009 for about $1.50 each. Each set came with a toy gun; soft, pliable, plastic toy darts and a small target.
Federal law requires manufacturers, distributors and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard or ban enforced by CPSC.
Companies also must specifically report to CPSC choking incidents involving small balls, latex balloons, marbles, or toys or games containing these items or other small parts. Companies that receive information about children choking on any of these items and, as a result, dying, suffering serious injury, ceasing breathing for any length of time or being treated by a medical professional must report this information to CPSC immediately.
In agreeing to the settlement, Henry Gordy denies CPSC staff allegations as to the existence of a defect or that it knowingly violated the law.
Pursuant to the Consumer Product Safety Act, CPSC must consider the appropriateness of the penalty to the size of the business of the person charged, including how to address undue adverse economic impacts on small businesses.
The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on www.saferproducts.gov
PSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 35 years.
Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.
To report a dangerous product or a product-related injury, go online to: www.saferproducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov.