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Recalled Winter Weather Items Compiled in List Form By CPSC

By Los Angeles Personal Injury Lawyer on January 10, 2013

Cold weather has descended upon the country, and by this point, just about everyone has hauled their winter seasonal items out and placed their summer ware back into storage until the spring.

The Consumer Product Safety Commission understands this, and they also realize that recalls often don’t catch the public eye because of the time of the year they’re issued.  You yourself may have heard about a recall of a winter item but paid it little attention because it was issued in July.

The good news is that consumers can consult a new CPSC announcement regarding recalled items for the winter that could have gotten glossed over in the summer.  For outdoorsy types, it’s important to pay attention to recalls of Snowpulse Avalanche Airbags and ECHO Bear Cat log splitters.  The former was recalled because an air leak could lead it to fail when it’s needed most, while the latter could have an end cap that suddenly dislodges and impacts anyone in the vicinity.

The other two recalls you may have missed pertain to heaters, and each was recalled because of an overheating risk.  Harbor Breeze Bath Fans with Heater and Light were recalled because a failure of the attached blades could lead to the hazard, while the Portable Ceramic Space Heaters from Big Lots were recalled because the overheating scenario could lead a user to sustain a shock or burn.

Baby Matters Disputes CPSC’s Nap Nanny Hazard Assertions

By Los Angeles Personal Injury Lawyer on January 3, 2013

Recently, the Consumer Product Safety Commission sought to halt the sale of Nap Nanny infant recliners by filing an administrative complaint that would make a recall of such items mandatory.  Baby Matters, the company behind the product, is going head to head with the agency in a bid to get that complaint rescinded.  They argue that the product is safe so long as the user follows the necessary usage procedures.  Baby Matters also takes issue with a statement near the end of a CPSC press release saying that the sale of recalled products is illegal, as it implies that a recall had already been issued.  The CPSC took their action following five deaths allegedly tied to the product, and a few major retailers have already agreed to stop selling the infant recliners.

Click here to learn more about the dispute.

Bed Rails Might Pose a Safety Hazard to Elderly Patients

By Los Angeles Personal Injury Lawyer on November 26, 2012

Bed rails in nursing homes have reportedly led to 150 fatalities between 2003 and May of this year, according to the Consumer Product Safety Commission.  Most of these result from older patients, many of whom might suffer from dementia or Alzheimer’s, apparently becoming confused and getting trapped between the rail and the mattress.  36,000 incidents required a patient to go to an emergency room for treatment in the above mentioned time period.

These types of deaths have caused grave concern among safety advocates and officials with the Food and Drug Administration, who figure that the number of deaths is actually much greater due to bed rails often not being listed as a cause of death.  Yet there are currently not any federal regulations pertaining to bed rails.

Part of the reason has to do with the argument over whether the rails should be classified as a medical device or not.  If they are, then they would fall under the purview of the FDA, but if not, the CPSC would hold sway over the devices.  In 1995, the FDA warned hospitals and care facilities of certain dangers associated with the bed rails, but a lack of support in Congress and among manufacturers led to no rules being developed.  Voluntary guidelines came out in 2006.

If you or an elderly loved one are in a care facility, make sure to speak with an administrator or case worker about the danger of bed rails.  Doing so can prevent a potential calamity.

Change CO and Fire Alarm Batteries When Rolling Back Clocks

By Los Angeles Personal Injury Lawyer on November 2, 2012

Many people across the country are excited about the prospect of getting an extra hour of sleep this weekend when Daylight Saving Time comes to a close early on Sunday.  But perhaps you could be using that extra hour to do something that could end up protecting your family:  changing the batteries in your carbon monoxide and smoke alarms.

The Consumer Product Safety Commission is attempting to get consumers to do exactly that, and they have numerous data to back up their emphasis on the importance of these devices.  For one thing, homes that did not have a smoke alarm comprised a full two thirds of the 2,300 fatalities that took place every year because of a residential fire between 2008 and 2010, with fires costing a total of $7 billion in damage and 12,500  people incurring an injury every year as well.  Unintentional carbon monoxide fatalities added up to a total of 183 deaths each year in the time between 2006 and 2008.

Don’t put yourself and your family at risk.  Swap out the batteries this weekend, and use the extra time to also test fire alarms throughout your home.  For carbon monoxide detectors, make sure you have enough alarms on hand to cover every level of your home.  Have a professional come by every year to verify that appliances like furnaces don’t pose an additional carbon monoxide threat, and do whatever else you can to protect yourself until Daylight Saving Time begins again.

Lawsuit Against CPSC Could Have Far-Reaching Implications

By Los Angeles Personal Injury Lawyer on October 24, 2012

A lawsuit being brought against the Consumer Product Safety Commission could have far-reaching implications for the consumer safety world.

It all started back in October of last year.  A business known only as Company Doe filed a lawsuit against the CPSC in a bid to prevent that latter organization from publishing a report about an alleged harmful incident involving one of the company’s products.  A local government somewhere in the United States provided the information to the CPSC’s database SaferProducts.gov, which lets medical professionals, firefighters, and regular consumers make reports on items they believe have led to dangerous incidents.

Company Doe took issue with the report filed in conjunction with their company’s product, saying that not only was the report without substance, but that both its revenue and its reputation would be hindered by the report becoming public knowledge.

A judge apparently agreed, and ruled in favor of Company Doe.  However, the Consumer Federation of America, Public Citizen, and Consumer Reports have partnered to appeal the decision to not make available the company’s name and the case as a whole.  A lawyer for the coalition said that this is a matter of First Amendment freedoms and that members of the general public have the right to know why, of all cases, this one was allowed to not be published by the CPSC.

Stay tuned as court proceedings continue in the United States Court of Appeal.

Four Citizens Honored With CPSC Chairman’s Commendation Awards

By PSBLawAdm1n on September 18, 2012

The U.S. Consumer Product Safety Commission awarded their Chairman’s Commendation Awards last week. These awards, which are in their second year, are given to people who advance consumer safety. The four winners were an individual who gave out safe cribs to families in need, the director of university level product safety classes at St. Louis University, a professor in the Department of Health Policy and Management at the Johns Hopkins Bloomberg School, and a member of the Consumer Federation of America who worked with Congress on new consumer safety laws.

Click here for more about the award winners.

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CPSC Files Complaint to Stop Sale of Buckyballs and Buckycubes

By Los Angeles Personal Injury Lawyer on July 27, 2012

Most of the time, when a company is alerted to a defect within one of the products they’ve marketed, said firm simply complies with recall directives as set forth by the Consumer Product Safety Commission.  The CPSC has only filed one administrative complaint against a company in the past 11 years.

That track record changed a couple days ago, however, when the CPSC voted 3 to 1 to sue Maxfield & Oberton Holdings LLC, a company based out of New York City.  Recently, the CPSC and the company met to discuss steps that could be taken to implement a successful recall plan in regards to Buckycubes and Buckyballs.  Those talks did not lead to the two sides reaching an agreement.

It all began in 2009, when the CPSC began fielding complaints relating to the ingestion of rare earth magnets.  These magnets, in addition to being contained within Buckycube and Buckyball toy sets, are often used by teenagers to make it look like they’ve had their tongue pierced when they really haven’t.  Unfortunately, this has led to accidental ingestion of the magnets.  Young children have also swallowed the items.  There exists a serious danger that if two or more magnets are swallowed, they can attract to each other, regardless of whether stomach lining or intestines are in the way.  This could cause serious health issues.

A dozen complaints arose in conjunction with Buckyballs, which contain 216 magnets.  Two years ago, the company issued a cooperative recall in order to change a label from reading “Ages 13+” to one saying the items should only be sold to persons older than 14.  Federal law prohibited the magnets from being sold to anyone younger than that.

After that cooperative recall was launched, reports of surgery involving magnets from the Buckyball sets continued to reach the CPSC.  In November of last year, Maxfield & Oberton and the CPSC attempted to raise awareness of the fact that the magnet sets should only be used by adults, but incident reports continued to flood in.

Because of all this, and because reports of toddlers finding the magnets continued to be filed, the CPSC seeks an immediate recall of the aforementioned products.  They want Maxfield & Oberton to warn the public of the defect, stop selling the items, and give refunds to anyone who has purchased the products.

The CPSC has reached out to various retailers to get them to cease selling not only these products, but other products contain similar magnets.  Many retailers have agreed.  The online platform eBay has also agreed to bar sellers from listing the hazardous magnet products as being for sale on their website.

There is as of yet no word from Maxfield & Oberton as to their response to the CPSC’s administrative complaint.  If you have one of these products, it’s best to be safe and cease use until the problem can be sorted out.

CPSC Blocks Entry of 360,000 Imported Products in Second Quarter 2012

By Los Angeles Personal Injury Lawyer on July 25, 2012

In 2012′s second quarter, the U.S. Consumer Product Safety Commission has prevented more than 360,000 units of hazardous imports from entering the United States and being dispersed to consumers. These units included children’s toys that contained dangerous amounts of lead and other chemicals. Other items included sleepwear that did not pass safety standards and articles that pose choking hazards to children under three years of age.

To learn more about the CPSC’s efforts, click here.

Pool Safety Tips, Statistics Offered by CPSC’s Pool Safely Campaign

By Los Angeles Personal Injury Lawyer on July 19, 2012

Citing statistics which show that 90 kids 15 years of age and younger (with 72% younger than 5) perished as the result of drowning in a swimming pool from Memorial Day until now, the Consumer Product Safety Commission is attempting to spread the word about the importance of pool safety.

Starting Sunday and lasting over the course of a week, organizations from across the country are taking part in activities for Pool Safely Day.  70-plus facilities, from water parks to swimming pools to various other outdoor and indoor swimming facilities across 30 states, have pledged their support by registering for a host of activities.

Activities will include CPR training, free swimming lessons, and the distribution of educational materials that aim to provide parents and guardians with critical insight into the easy steps that can be taken to prevent disaster.  The first thing that adults can do around the pool area is just to remain alert.  Children should always be supervised, even if they’re just hanging around the edge of a body of water.

Sometimes, though, being alert isn’t enough.  Families should stress to their children the importance of pool safety, emphasizing tips that could be the difference between life and death.  Along with that, both parents and their children should learn the skills necessary to have a fun, safe time out on the water.  CPR and swimming lessons can go a long way.  And if your residence has a pool, the necessary equipment, such as drain covers, fences, and life rings, should always be on-hand.

The statistics offered by the CPSC can be eye-opening.  In addition to the aforementioned fatalities, 106 children had to be treated for near-drowning incidents in the timeframe described.  13 drowning deaths took place in Texas, enough to give them the dubious distinction of being the leader in child drowning fatalities among the states.  California, Ohio, Pennsylvania, New York, and North Carolina followed, with each of those states reporting 5 drowning deaths.  An average of 5,200 submersion injuries occur on a yearly basis.

Pool Safely began in 2010 as the result of the Virginia Graeme Baker Pool and Safety Act, which called for new standards to be set in regards to spa and pool safety.  As of late, the initiative has turned its focus to African American and Hispanic demographics, as research from USA Swimming shows that 70% and 62% of children in those categories, respectively, cannot swim.  Children younger than five are also getting particular attention placed upon them.

If you’re heading out to the pool this summer, learn more about pool safety and Pool Safely before you head out.

Play Yard Safety The Target of New CPSC Ruling

By PSBLawAdm1n on July 5, 2012

The U.S. Consumer Product Safety Commission approved new safety standards for play yards on June 29, 2012. The new standards include stability and floor strength tests, the mandating of mechanisms to prevent head and neck entrapments, and new minimum side height requirements. The Commission approved the new standards with a 4 to 0 vote after consulting reports detailing 60 play yard fatalities from November 2007 to December 2011.

To find out more about this important safety mandate, visit the CPSC’s site.

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