March 2010: Product Recalls and Related News

Part Two of Two

Those who’ve already read Part One of this review know that an unusually high number of products posing choking, strangulation and fall risks are set forth in the March 2010 Consumer Product Safety Commission’s (CPSC’s) recall list. Other noted items can create shock, burn and poisoning hazards for members of the public.

These monthly government lists help protect consumers by urging them to avoid using or purchasing dangerous products. Our law firm recommends that you regularly review these lists before ever making a major purchase or buying anything for a child.

Part Two of our March 2010 review looks at products posing fire, shock, burn and laceration risks, as well as items that threaten the safety of infants and young children. This second half of our review also notes important CPSC news.

Products Posing Gas Leak, Shock, Laceration, Fire and Burn Hazards

• In response to both the CPSC and Health Canada, Telebrands Corp., of Fairfield, New Jersey, has agreed to voluntarily recall about 98,500 (United States) and 1,500 (Canada) Therma Scarf scarves. When these “scarves” are heated in a microwave, they can become too hot – creating a fire and burn risk to those using them.
• Lennox Hearth Products, of Nashville, Tennessee, has agreed to recall close to 5,700 Superior VFGL Vent-Free Gas Log Sets and VF Vent-Free Fireplaces. When the front burners of these two products fail to ignite, gas can escape, creating a fire or explosion hazard.
• Gerber Legendary Blades, of Portland, Oregon, a division of Fiskars Brands Inc., of Madison, Wisconsin, has agreed to recall about 149,000 Gator Machetes and 6,000 Gator Machetes Jr. If these saws get stuck in wood while being used (and consumers’ hands slide off the handles and move forward over the machete blade), a laceration injury can occur.
• American Electric Lighting, a division of Acuity Brands Lighting Inc., of Conyers, Georgia, is voluntarily recalling about 900 Outdoor Lighting Fixtures. Consumers are at risk of being shocked due to the poor wiring in these light fixtures.
• Tumi, of South Plainfield, New Jersey, has agreed to recall about 5,000 Mobile Power Packs. While charging, the lithium-ion cells in the Mobile Power Pack can catch fire or explode, posing burn and other risks to consumers. (Note: This hazard can only occur if the units have not been charged.)
• Fluke Corporation, of Everett, Washington, has agreed to recall about 33,000 Fluke VoltAlert® Voltage Detectors. When these testers fail to indicate when live voltage is present, users may incorrectly assume that the electrical power is off. Unfortunately, such errors can cause serious harm or even death due to burns or electrical shock.
• Lumetique Inc., of Los Angeles, California, is cooperating with both the CPSC and Health Canada in recalling about 6,000 DayNa Decker Botanika Candles. Unfortunately, the candles’ glass holders can crack when the flame suddenly flares up, possibly causing laceration, fire and burn injuries.

Product Posing A Special Danger to Infants

• Infantino LLC, of San Diego, California, at the request of both the CPSC and Health Canada, is now offering to replace “SlingRider” and “Wendy Bellissimo” infant slings (one million in the United States and 15,000 in Canada). Consumers are urged to “immediately stop” using these slings for any infants less than four months old to avoid serious suffocation problems.

Products That Can Cause Lead and Carbon Monoxide Poisoning

• Carolina Biological Supply Co., of Burlington, North Carolina, has agreed to voluntarily recall about 2,300 Carolina Function Generator Kits. Inspections have shown that there are excessive amounts of lead in the kits’ yellow lids. Young children can suffer serious health problems due to such excessive lead.
• S&S Worldwide Inc., of Colchester, Connecticut has agreed to recall about 1,000 bags of Wooden Flowers and Insect Painted Beads since the beads contain unacceptable levels of lead.
• Simpson Dura-Vent Company Inc., of Vacaville, California, has agreed to recall about 500 DuraTech Anchor Plates with Damper and DuraChimney II Anchor Plates with Damper. When a user tries to either open or shut these fireplace dampers, they can get stuck, posing a risk of carbon monoxide poisoning. Furthermore, some of these dampers pose threats simply because they were assembled backwards.
• Chandigarh Fashion Inc., of Flushing, New York, is voluntarily recalling close to 1,200 Children’s Bangles since the bracelets’ surface coating contains so much lead that it violates the federal lead paint standard.

Building and Construction Tool Poses Serious Injury Hazard

• Hitachi Koki U.S.A., Ltd., of Norcross, Georgia, in cooperation with both Health Canada and the CPSC, has agreed to recall about 50,000 (United States) and 15,000 (Canada) Coil Nailers because they have a malfunctioning feeder that may allow nails to be fired out sideways, creating serious injury risks for users or others in the immediate vicinity.

General Consumer Product Safety Commission News

I. New Rule Regarding Civil Penalty FactorsBy a 4-to-1 vote, the Consumer Product Safety Commission has approved a final rule addressing the proper factors to be reviewed when determining what civil penaltyamount should be assessed when a company or corporation knowingly violates CPSC laws.II. Warnings

A. The CPSC is warning all parents and other caregivers to be especially careful when using any baby or infant (carrying) slings when the babies are less than four months old. Research conducted over the past 20 years indicates that 14 infants have died due to such sling-style infant carriers, including three babies in 2009. Twelve of these tragedies involved infants who were not even four months old.

B. The commission is warning consumers about children’s winter and holiday- oriented bracelets. This jewelry, imported by Buy-Rite Designs, of Freehold, New Jersey (no longer in business), contains excessive amounts of cadmium which can be toxic when swallowed by young children.

III. Civil Penalty Imposed The CPSC has imposed a Two-Million Dollar Penalty on Daiso Holding USA Inc., Daiso Seattle LLC, of Seattle, Washington and Daiso California LLC, of Hayward, California. All of these Daiso companies have agreed to pay a 2.05 million dollar civil penalty and stop importing toys and products into the U. S. for children. Furthermore, Daiso must also “demonstrate to the Commission that it has sufficient knowledge of and is in compliance with” the CPSC’s testing requirements and standards because of its “alleged violations of federal safety laws.” (See: http://www.cpsc.gov/cpscpub/prerel/prerelmar10.html). Sylvia, I felt it was legally necessary to indicate where the quoted material just referenced above came from — so I added that hyperlink.

Our firm hopes that these monthly CPSC product recall reviews will help readers protect themselves, as well as their friends and families, from the many dangerous products that continue to find their way to the marketplace.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.