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"Recall Alerts"

07-01-2002

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Consumer Product Safety Commission (CPSC) Announce Payment of Civil Penalty by Peg Perego USA, Inc.
  2. Consumer Product Safety Commission (CPSC) and Brinkmann Corporation Announce Recall of Propane Heaters
  3. Consumer Product Safety Commission (CPSC) and UL United, Inc. Announce Recall of Electrical Paintings


(1) CONSUMER PRODUCT SAFETY COMMISSION (CPSC) ANNOUNCE PAYMENT OF CIVIL PENALTY BY PEG PEREGO USA, INC.

The Consumer Product Safety Commission (CPSC) announces Peg Perego USA, Inc., of Fort Wayne, Indiana, has agreed to pay a $150,000 civil penalty to settle allegations that the company failed to report serious defects with its battery operated ride-on toys. Under the Consumer Product Safety Act, manufacturers, distributors, and retailers must immediately report product defects to the Commission. CPSC alleged that Peg Perego failed to report in a timely manner that certain models of ride-on toys presented a fire hazard and failed to stop, which posed serious risks of injury to children.

Peg Perego received reports of 197 incidents of the vehicles' electrical components overheating, causing smoking, melting or fire between April 1994 and March 1997. These incidents resulted in two burn injuries and approximately $55,000 in property damage to three houses and garages. Additionally, Peg Perego was aware of about 20 incidents involving the products' failure to stop, resulting in seven injuries, including one concussion and six reports of scratches, bumps and bruises when the products hit a tree, car, truck, pole or other stationary object.

In March 1999, Peg Perego recalled over 270,000 of the battery-powered riding vehicles, which were manufactured between 1990 and 1998. The recalled ride-on toys sold for between $100 and $500 and had the following model names: Corral 270, Diablo, Dragon, Gaucho, Gaucho Grande, Gaucho High Torque, Gaucho Sport, Magica, Magnum, Ranger GT, Thunderbolt, Thundercat, and Tornado.

Consumers who have not participated in this recall should contact Peg Perego at (800) 728-2108. In agreeing to settle this matter, Peg Perego denies that the products were defective and that they knowingly violated the reporting requirements of the CPSA.

The CPSC point of contact is Belinda V. Mitchell, release number 02-174, (301) 504-0580 Ext. 1338. The notice issued by the CPSC can be viewed at http://www.cpsc.gov/cpscpub/prerel/prhtml02/02174.html.


(2) CONSUMER PRODUCT SAFETY COMMISSION (CPSC) AND BRINKMANN CORPORATION ANNOUNCE RECALL OF PROPANE HEATERS

The Consumer Produce Safety Commission (CPSC) and Brinkmann Corporation, of Dallas, Texas is voluntarily recalling about 45,000 outdoor tabletop propane heaters. The heaters can emit high levels of carbon monoxide (CO), which poses a risk of CO poisoning to consumers.

PROPANE HEATER The recalled Outdoor Tabletop Heaters are about 33 inches tall and operate with a disposable 1 lb. propane tank, commonly sold in outdoor and camping stores. The base of the heater has a label that reads "BRINKMANN OUTDOOR TABLETOP HEATER" and has the model number 883-1000-0. The heater also has 'mood lighting' around the base that is battery operated. These heaters were manufactured in China.

Retailers, including Wal-Mart, Menards, and Galyan's, sold these heaters from September 2001 through May 2002 at a range of prices up to $100, depending on the retail location.

Consumers should stop using the heaters immediately and call Brinkmann at (800) 675-5301 between 8:30 a.m. and 5 p.m. CT Monday through Friday to receive a full refund.

The CPSC point of contact is Scott Wolfson, release number 02-189, (301) 504-0580 Ext. 1188. The notice issued by the CPSC can be viewed at http://www.cpsc.gov/cpscpub/prerel/prhtml02/02181.html.


(3) CONSUMER PRODUCT SAFETY COMMISSION (CPSC) AND UL UNITED, INC. ANNOUNCE RECALL OF ELECTRICAL PAINTINGS

The Consumer Product Safety Commission (CPSC) and UL United, Inc. is voluntarily recalling about 150 electrical paintings. The electrical paintings can short circuit, posing a shock or fire hazard.

ELECTRICAL PAINTINGS The recalled paintings show 13 scenes of waterfalls and other bodies of water, sold as "The Motion Picture" series. The images are painted on glass and are illuminated by a light bulb. The paintings give the impression of water spilling over a waterfall and have the sound of running water, birds and music. "MADE IN CHINA" appears on the packaging of the paintings.

Flea markets sold the paintings in Texas and Arkansas from December 2001 through April 2002 for between $18 and $50.

Consumers should immediately unplug and stop using these paintings and contact UL United for a full refund including shipping costs. UL United can be contacted at (866) 332-6643 between 9:00 a.m. and 5:00 p.m. Central Standard Time Monday through Friday.

The CPSC point of contact is Scott Wolfson, release number 02-184, (301) 504-0580 Ext. 1189. The notice issued by the CPSC can be viewed at http://www.cpsc.gov/cpscpub/prerel/prhtml02/02184.html

DISCLAIMER: This column is not intended to create an attorney-client relationship. The information contained in this update is general in nature. Individual situations of readers may not fit the general educational information described in the column. Readers are strongly encouraged to consult with an attorney to evaluate individual situations and provide legal advice. Any reliance on the information contained herein is taken at the reader's own risk and should not be considered legal advice.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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