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.

We posted recently about the potential for a forthcoming recall of baby carrier slings because of the dangers that have been presented in regards to carrying them.  Two weeks have passed since that initial report, but now comes word that approximately one million of these units have been recalled in the wake of growing reports of infant deaths as a result of using these products.

According to The Examiner:

“After the tragic death of a 6-day-old infant in Salem, Oregon and two other reports of infant deaths, 1 million Infantino Slingrider and Wendy Bellissimo infants sling have been recalled in the United States.

According to the U.S. Consumer Product Safety Commission, all three infants died in 2009. Derrick Fowler was just six days old when he died on May 7, 2009 due to suffocation in the Infantino sling he was being carried in. His mother, Lisa Cochran, is suing the infant sling company for more than $4 million in damages.

Infantino is offering free replacements for Slingrider and Wendy Billissimo slings. The company has issued a statement which says in part, “At Infantino, our top priority is the safety of infants whose parents and caregivers use our products…”

The soft fabric of some infant slings that surrounds a small infant with little neck strength or control can be a dangerous combination. The CPSC reported that there have been 14 infant death related to sling type baby carriers. It is recommended that a baby’s face not be covered so it is visible while in the sling.”

If your child has been harmed by these or any other defective products, you need the help of Sacramento defective products lawyers who have years of experience in holding even large corporations accountable.  Contact Demas & Rosenthal today to schedule a free initial consultation.

Many of us have decided to save ourselves some time and purchase items from a grocery store deli that are already prepared.  Delis in supermarkets have become much more prevalent in recent years, and as a result of the increased demand from consumers there are many more choices available.  Unfortunately, one of those choices appears to be unsafe, as Safeway recalled potato salad due to concerns regarding salmonella.

According to the Associated Press:

“Safeway Inc. said Thursday it is voluntarily recalling potato salad products over concerns about possible salmonella contamination.

Safeway said the two red potato salad with dill products were sold in its deli department at Safeway, Vons, Pavilions and Carrs stores in 10 states in the West.

Customers who purchased the products are asked to discard them or return them for a refund.

Safeway said it is recalling the product after Reser’s Fine Foods, the source of the products, announced its own voluntary recall.

Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems.”

There are innumerable different types of recalls, but food recalls are perhaps the most risky for consumers because of how quickly they tend to be eaten after purchase, particularly if those items are from the deli and ready to serve.  If you or someone you love has been harmed by defective food, you need the help of Sacramento defective products lawyers who have a long track record of holding even large corporations accountable for the harm they’ve caused.  Contact Demas & Rosenthal today to schedule a free initial consultation.

It’s been a harrowing time recently for Toyota.  The company is under worldwide scrutiny on the heels of recalling more than 8 million vehicles mostly because of a defect that causes the accelerator pedal to stick.  The situation grew more intense for Toyota yesterday as two leading company officials appeared before Congress to explain the situation from the company’s standpoint.

According to CNN:

“Toyota has recalled more than 8 million vehicles in connection with possible unintended acceleration. Separately, the 2010 Toyota Prius was the subject of a recall due to complaints about its brakes. Even with Toyota’s long-time reputation for brand loyalty among consumers, dealers have seen sales plunge and continue to field phone calls from concerned drivers.

The first of three congressional hearings on Toyota’s recall problems began Tuesday in the House Oversight and Investigations subcommittee. Chairman Bart Stupak, D-Michigan, has said his panel’s preliminary review of 75,000 pages of Toyota’s internal company documents raised significant concerns. In particular, Toyota boasted of saving $100 million by dodging a more extensive recall of the Toyota Camry and Lexus.”

Saving costs is one of the central missions of any business.  In general, when a product is found to be defective, one of the points of analysis is a basic cost comparison.  If the potential for legal liability outweighs the cost of a recall, then the recall is usually the next step.  If the analysis concludes the opposite, companies will generally not take on the expense of a recall.

If you or someone you love has been harmed by a defective Toyota, you need the help of Sacramento defective products attorneys with a successful track record of taking on even the largest corporations.  Contact Demas & Rosenthal today to schedule a free initial consultation.

Earlier this year, Daniele, Inc. recalled 1.2 million pounds of its salami products due to concerns that the batches affected by that recall contained salmonella.  Unfortunately, it appears that the original recall did not reach far enough to prevent additional safety concerns.  Now comes word that the company is expanding its recall by another 115,000 pounds of product.

According to the Providence Journal:

“The recall of salami products from the Burrillville-based Daniele Inc. has expanded to include 115,000 pounds of “Hot Salame Panino” products, now also linked to a nationwide outbreak of salmonella.

With the panini, the culprit may be crushed red pepper instead of the ground black pepper implicated in the previous recalls.

In January, Daniele recalled 1.2 million pounds of black-pepper-coated salami.

The U.S. Department of Agriculture announced the recall Wednesday morning after it confirmed the presence of salmonella in an unopened package of Daniele panini. Further testing will determine whether the salmonella has the same genetic fingerprint as the bacteria involved in the outbreak, which has spread to 44 states.

The recalled panini were produced between Nov. 5 and Feb. 15 and have sell-by dates of Feb. 3 to May 26. They were distributed to stores nationwide. They come in the following labels and sizes:

•8-ounce packages of “Boar’s Head Salame Panino, Salame Rolled in Mozzarella Cheese.” UPC 042421160710

•8-ounce packages of “Daniele Italian Style Salame Panino, Hot Salame Rolled in Mozzarella Cheese.” UPC 736436809206

•Random-weight packages of “Daniele Italian Style Salame Panino, Hot Salame Rolled in Mozzarella Cheese.”

•8-ounce packages of “Dietz & Watson Artisan Collection Hot Salame Panino, Hot Salame Rolled in Mozzarella Cheese.” UPC 031506688041

•Daniele triple-pack Fresh Mozzarella Panino 24 oz. (1 Salame Hot — 1 Prosciutto Basil — 1 Capocollo Basil) UPC 736436709582

•Daniele triple pack Fresh Mozzarella Panino 24 oz. (2 Prosciutto — 1 Salame with basil) UPC 736436859324

Each package bears a label with establishment number “EST. 459” inside the USDA mark of inspection. The above products are sold individually packed, except as noted above.”

If you have any of these products in your home, do not use them and contact the company for a refund.  If you or someone you love has fallen ill as a result of using these or any other products, you need the help of Sacramento defective products attorneys who have years of experience in holding those accountable who release dangerous products onto the marketplace.  Contact Demas & Rosenthal today to schedule a free initial consultation.

Toyota is a brand of automobile that’s long been known by consumers for its quality, dependability and overall safety.  As a result, the manufacturer has enjoyed a growing market share for years.  However, it only takes one problem for that reputation to be damaged, and that appears to be what’s happening all over the world in the wake of Toyota’s announcement that it is recalling 2.3 million vehicles.

According to CNN:

“Toyota Motor Sales USA is recalling 2.3 million vehicles to correct a problem that could cause the vehicles’ gas pedals to stick.

This new recall is separate from an on-going recall of 4.2 million Toyota and Lexus vehicles to correct a problem in which the pedals could become stuck under a loose floor mat.

Drivers should not pump the brakes as this can deplete the brakes’ power assist. In the event the pedal becomes stuck, the vehicle can be brought under control with firm and steady application of the brakes, the automaker said.

The vehicle should then be driven to the nearest safe location, shut off, and a Toyota dealer should be called for assistance.

The vehicles covered under the recall are:

2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia.”

The situation continues to develop as Toyota searches for answers.  In the meantime, if you or someone you love has been injured by a defective Toyota or any other defective product, you need the help of Sacramento defective products lawyers who have the experience and track record necessary to hold large, multi-national corporations accountable for the harm they may have caused.  Contact Demas & Rosenthal today to schedule a free initial consultation.

We’ve posted several times recently regarding the new dangers being reported in conjunction with products intended for children and infants.  One of the most recent involved thousands of baby swings, but now comes word of a much larger recall that’s being initiated by one of the world’s leaders in children’s products.  Graco has announced the recall of 1.5 million cribs.

According to the Sun-Sentinel in Florida:

“About 1.5 million strollers sold at Wal-Mart, Target and other major retailers are being recalled after some children’s fingertips were amputated by hinges on the products.

The recall by Graco Children’s Products Inc. includes certain model numbers of its Passage, Alano and Spree Strollers and Travel Systems. The Exton, Pa., company received seven reports of children placing their in a stroller’s canopy hinge as the canopy was being opened or closed. Five children had their fingertips severed and two children received cuts on their fingertips.

The strollers were made in China by Graco and sold at AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Fred Meyer, Meijer, Navy Exchange, Sears, Target, Wal-Mart and other retailers nationwide from October 2004 to December 2009.

In announcing the recall Wednesday, the Consumer Product Safety Commission said the strollers pose an amputation and laceration hazard to children when opening or closing the canopy. The government advised consumers to stop using the strollers and contact Graco to receive a free repair kit.

The recall involves strollers made between October 2004 and February 2008. The model numbers and manufacture dates are on the lower inside portion of the rear frame, just above the rear wheels.”

If you are using one of these models, stop doing so immediately until you can be sure of your child’s safety.  If your child has been injured by one of these or any other children’s products, you need the help of Sacramento defective products lawyers who have a track record of successfully holding large corporations accountable for the injuries they caused.  Contact Demas & Rosenthal today to schedule a free initial consultation.

Medications are generally highly regulated due to the obvious dangers they’d present if anything was wrong with these products.  The FDA is charged with regulating this process, and the agency slammed the makers of Tylenol and other brands recently in the wake of revelations that the manufacturer was slow to react to consumer complaints regarding a strange odor that emanated from many of their medications.

According to CNN Money:

“The maker of several over-the-counter drugs, including Tylenol, Motrin and Benadryl, announced a broad-based recall of these and other drugs Friday after receiving complaints of an “unusual moldy, musty or mildew-like” odor.

The recall drew the FDA’s wrath on Johnson and Johnson for not reacting quickly to customer complaints and its failure to fix the problem. The company has struggled to resolve the issue since it was first reported in 2008.

The recalled products include junior strength Motrin, children’s Tylenol grape meltaway tablets, extra strength Tylenol, extra strength Tylenol rapid release gelcaps, extra strength Tylenol PM geltabs, Motrin caplets, extra strength Rolaids fresh mint tablets, St. Joseph Aspirin chewable orange tablets and Benedryl allergy ultratab tablets.”

While no tangible problem has been linked to the presence of this odor, the FDA made it clear that additional remedies would be applied if the manufacturer did not take action.  As a result, consumers are advised to stop using these products immediately.

If you or someone you love has been harmed as a result of using a defective medication, you need to take steps to assert your legal rights.  Contact the Sacramento products liability lawyers at Demas & Rosenthal today to schedule a free initial consultation, as the firm has years of experience in holding large corporations accountable.

For many years, the Chinese have been shipping consumer goods to the United States for many reasons.  On the consumer side, these products sold well because they did not cost as much as goods manufactured in the United States or in other countries.  However, that cost savings came with a risk – Chinese products were found to contain high amounts of lead that caused serious injuries.  One such product line that remains popular is children’s toys manufactured in China, and now comes word that in response to the lead concerns, Chinese manufacturers have allegedly replaced that toxin with another, that being cadmium.

According to an AP report published in the Sun-Sentinel in Florida:

“Federal and state watchdogs in the U.S. have opened a new front in the campaign to keep poisons out of Chinese imports, launching inquiries into high levels of cadmium in children’s jewelry while Walmart pulled many suspect items from its store shelves.

A day after The Associated Press documented the contamination in an investigative report, the top U.S. consumer safety regulator warned Asian manufacturers Monday not to substitute other toxins for lead in children’s charm bracelets and pendants.

Regulators and lawmakers reacted swiftly to the AP report, which found that some Chinese manufacturers have been using cadmium, sometimes at extraordinarily high levels. Congress clamped down on lead in those products in 2008, but cadmium is even more harmful.”

Direct exposure to cadmium can lead to cancer, kidney problems and brittle bones, and this could simply be the start of another drawn-out issue with China.  In the meantime, if you or someone you love has been harmed by exposure to this or any other toxic substance, you need the help of Sacramento defective products lawyers who understand how to handle the complicated nature of these sorts of claims.  Contact Demas & Rosenthal today to schedule a free initial consultation.

While coffee has been a veritable staple for millions of people for centuries, it’s only recently that the popularity of canned or bottled ‘energy drinks’ has exploded onto the market.  These drinks are taking the consumer market by storm, and they appear to be particularly popular with young people.  While the majority of those who use them do not encounter problems, there is growing concern among health officials that over-using these drinks can not only be harmful, but dangerous.

According to a report published by WPLG in Florida:

“Convenience stores are packed with products to give consumers a quick boost of caffeine.

The stimulant comes in all forms — from drinks to pills to sprays — and is available at almost all locations.But local health officials told KOCO-TV in Oklahoma City that having too much caffeine can be so serious that it requires a call to a poison-control line or a trip to the emergency room, especially for people younger than the age of 19.

Boston pediatrician Dr. John Cohen cautions parents and teenagers to know what they are putting in their bodies, because too much caffeine, he said, could get them into serious medical trouble.

“In my opinion,” Cohen said, “All this stuff should be pulled off the market.”

As would be expected, the American Beverage Association denied the risks involved with these drinks.  However, if you have been using these products, take some time to learn more about them so that you don’t encounter these problems.  If you have been harmed by any of these products, you need the help of Sacramento defective products attorneys who have years of experience in holding large corporations accountable.  Contact Demas & Rosenthal today to schedule a free initial consultation.