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"Recall Alerts"


Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor


EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Consumer Product Safety Commission (CPSC) and Coldwater Creek and Cape Craftsman Announce Recall of Candleholders
  2. Consumer Product Safety Commission (CPSC) and Polaris Industries, Inc. Announce Recall of ATVs
  3. Consumer Product Safety Commission (CPSC) and Wal-Mart Announce Recall of Candles
  4. Consumer Product Safety Commission (CPSC) Offers Tips to Prevent Home Fires from Space Heaters


Manufacturer/Retailer: Cape Craftsman, Wilmington, N.C. and Coldwater Creek, Sandpoint, Idaho.

Hazard: Flames from the tealight candle can ignite the candleholder, posing a fire and burn hazard.

Description: The recalled copper and mica candleholders were sold in rectangular and square shapes. The 8.5-inch tall, square-shaped candleholder has a cut-out of an evergreen tree on each side. The 10-inch tall, rectangular-shaped candleholder has cut-outs of an evergreen tree, a star and moon on each side.

Remedy: Consumers should contact the company to receive information on returning the product for a full refund, including postage. The company also will provide consumers a $20 gift card upon return of the merchandise.

Consumer Contact: For more information, consumers should contact Customer Service toll-free at (800) 262-0040 between 6:00 a.m. and 3:00 a.m. Eastern Standard Time or visit the firmís Web site at

The CPSC release number is 04-048. The notice issued by the CPSC can be viewed at


Name of Product: Magnum, Trail Boss and ATP model all-terrain vehicles (ATVs).

Hazard: Damage to the fuel tank grommet can cause a fuel leak, posing a serious fire hazard to consumers.

Incidents/Injuries: Polaris has received 265 reports of fuel leaks, including one report of a fire that damaged an ATV. No injuries have been reported.

Description: The recall involves the Polaris model year 2003 and 2004 Magnum 330 4x4 and Magnum 330 Mossy Oak ATVs and model year 2004 Magnum 330 2x4, Trail Boss 330, ATP 330, and ATP 500 ATVs. The recalled ATVs have the following model numbers, which can be found on the certification decal located on the front center body panel: A03CD32(AA)(AC), A04CD32(AA)(AB)(AC), A04CB32(AA)(FC), A04CA32(AA)(AB), A04JD32AA, and A04JD50(AA)(AB)(CA). The name "Polaris" is prominently displayed on the right and left side of the seat and/or on the side body panels.

Remedy: Consumers should stop using these ATVs immediately. Polaris will notify all consumers with the recalled models and will arrange for a free repair from their dealership or an authorized service center.

Consumer Contact: Consumers can contact Polaris at (800) POLARIS between 8:00 a.m. and 12:00 midnight Eastern Standard Time Monday through Sunday or log on to their Web site at

The CPSC release number is 04-509. The notice issued by the CPSC can be viewed at


Consumer Product Safety Commission (CPSC) and Wal-Mart announce recall of Home Trends Ice Holiday Collection Candle gift set, Snow House Candle gift set, Snowman Candle gift set, and Snowflake Candle gift set

Manufacturer: Qingdao Kingking Applied Chemistry Co., Ltd., China.

Hazard: Paint on the exterior surface of the candles could potentially sustain flame posing a potential fire hazard.

Description: Each Home Trends Ice Holiday Collection Candle gift set contains three candles with one of these scenes painted on the exterior: Snow House Winter; Snowman; or Snowflake design.

Remedy: Consumers should immediately stop using the product and return the candle gift set to Wal-Mart for a full refund.

Consumer Contact: Call Wal-Mart at (800) 925-6278 between 7:00 a.m. and 9:00 p.m. Central Standard Time Monday through Friday. Media Contact: Melissa Berryhill at (479) 273-4314.

The CPSC release number is 04-049. The notice issued by the CPSC can be viewed at


Consumer Product Safety Commission (CPSC) reminds consumers to follow safety precautions when purchasing and using electric or fuel-fired space heaters. In a recent year, there were about 10,900 residential fires and about 190 deaths associated with portable or fixed local heaters.

Fuel-burning space heaters also can cause carbon monoxide poisoning and indoor air pollution because of improper venting or incomplete combustion.

"CPSC has worked with industry to improve safety standards for space heaters," said CPSC Chairman Hal Stratton, "but consumers must exercise care in how they use space heaters."

  • Choose a space heater that has been tested to the latest safety standards and certified by a nationally recognized testing laboratory. These heaters will have the most up-to-date safety features, while older space heaters may not meet the newer safety standards. CPSC worked to upgrade industry standards for electric, kerosene, and vented and unvented gas space heaters. An automatic cut-off device is now required to turn off electric or kerosene heaters if they tip over. More guarding around the heating coils of electric heaters and the burner of kerosene heaters also is required to prevent fires. CPSC worked to upgrade the industry standard for unvented gas heaters to provide an oxygen depletion sensor to shut off the heater if the oxygen level drops too low. CPSC and industry amended the vented heater standard to provide a spill switch to turn off the heater if the vent is blocked or disconnected.
  • Select a space heater with a guard around the flame area or heating element. Place the heater on a level, hard and nonflammable surface, not on rugs or carpets or near bedding or drapes. Keep the heater at least three feet from bedding, drapes, furniture, or other flammable materials.
  • Keep doors open to the rest of the house if you are using an unvented fuel-burning space heater. This helps prevent pollutant build-up and promotes proper combustion. Follow the manufacturer's instructions to provide sufficient combustion air to prevent CO production.
  • Never leave a space heater on when you go to sleep. Never place a space heater close to any sleeping person.
  • Turn the space heater off if you leave the area. Keep children and pets away from space heaters.
  • Have a smoke alarm with fresh batteries on each level of the house and inside every bedroom. In addition, have a carbon monoxide alarm outside the bedrooms in each separate sleeping area.
  • Be aware that mobile homes require specially designed heating equipment.
  • Have gas and kerosene space heaters inspected annually.
Consumers who would like more information can view our booklet, "What You Should Know about Space Heaters," on the CPSC web site, or receive a free copy by sending a postcard to "Space Heater Booklet," CPSC, Washington, DC 20207.

The CPSC release number is 04-054. The notice issued by the CPSC can be viewed at

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), (e-mail), Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at

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