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Reporting Defective Power Wheels
Largest fine against a toy firm in CPSC's history

The U.S. Consumer Product Safety Commission (CPSC) announced today that Fisher-Price, of East Aurora, N.Y., has agreed to pay a civil penalty of $1.1 million to settle CPSC charges that it failed to report serious safety defects with Power Wheels toy vehicles. This is the largest fine against a toy firm in CPSC's history.

Under federal law, companies are required to report to CPSC if they obtain information that reasonably suggests that their products could present a substantial risk of injury to consumers, or creates an unreasonable risk of serious injury or death. CPSC charges Fisher-Price failed to report to CPSC in a timely manner, as required by the Consumer Product Safety Act, that its "Power Wheels" ride-on toy vehicles presented fire hazards and failed to stop.

Fisher-Price failed to report 116 fires involving the vehicles and reports of more than 1,800 incidents of the vehicles' electrical components overheating, short-circuiting, melting or failing. These incidents resulted in at least nine minor burn injuries to children, and up to $300,000 in property damage to 22 houses and garages. Additionally, Fisher-Price was aware of at least 71 incidents involving the products' failure to stop, resulting in six minor injuries when the vehicles hit a car, truck, pole, window or fence. Fisher-Price began marketing the Power Wheels in 1995. CPSC began an investigation after receiving consumer reports about Power Wheels incidents. The firm only fully reported after being requested to do so by the CPSC staff.

"Firms are required by law to report safety hazards to CPSC so products can be recalled to prevent serious injuries from occurring," said CPSC Chairman Ann Brown. "Fisher-Price knew about hundreds of problems with Power Wheels, yet did nothing for years. This fine is a loud-and-clear message to all firms that failing to report product defects will not be tolerated."

"Fisher-Price significantly strengthened its product integrity organization," Brown added. "I applaud this commitment to turning things around to ensure the safety of children's toys."

In agreeing to settle this matter, Fisher-Price denies CPSC allegations and denies it knowingly violated the Consumer Product Safety Act.

In cooperation with CPSC, Fisher-Price recalled up to 10 million Power Wheels ride-on vehicles on October 22, 1998. The recalled Power Wheels cars and trucks were sold under nearly 100 model names. Power Wheels cars and trucks are intended for children 2 to 7 years old. Toy and mass merchandise stores nationwide sold the recalled vehicles from 1984 through October 1998 for $70 to $300. For more information about the recall, consumers should call Fisher-Price at (800) 977-7800 anytime.

Wal-Mart and Exercise Equipment Manufacturer Sued for Not Reporting Product Defects
CPSC, Justice Department Seek $9 Million in Fines

The U.S. Consumer Product Safety Commission (CPSC) announced today that the CPSC and the Department of Justice (DOJ) are suing Wal-Mart Stores Inc., of Bentonville, Ark., two of its subsidiaries, and Icon Health & Fitness Inc., of Logan, Utah, for failing to report serious safety hazards associated with home exercise equipment. Many of the incidents occurred at Wal-Mart stores while customers were trying out the equipment. The lawsuit seeks fines of up to $9 million from the companies. This is the first time that the government has sued a retailer in federal court for failing to report product-related injuries.

CPSC and DOJ are charging that the companies failed to report a dangerous defect with Weider and Weslo exercise gliders manufactured by Icon and distributed by Wal-Mart and its subsidiaries between 1996 and 1999, even after the companies had been notified of dozens of injuries caused by the equipment. Icon manufactured 75,000 of the gliders, many of which were distributed by the Wal-Mart companies nationwide. Under the Consumer Product Safety Act, manufacturers, distributors and retailers are required to report to CPSC products that have a defect that could create a substantial risk of injury to the public or that present an unreasonable risk of serious injury or death. The Weider and Weslo exercise gliders had a defect that allowed the seat to collapse during use, causing the user to fall abruptly and suffer severe injuries.

Wal-Mart, the world's largest retailer, and Icon began to receive information about injuries in the summer of 1996. The lawsuit alleges that Wal-Mart, its subsidiaries, and Icon were aware of dozens of injuries, including fractured vertebrae and herniated discs, but did not report them to the CPSC. Some injuries resulted in partial disability, including a compression injury to a woman's spine that left her 50 percent permanently disabled. In April 1999, Icon recalled the gliders in cooperation with CPSC.

Among the charges:

  • Wal-Mart was the first to learn of a potential problem when an injury occurred at a Wal-Mart store in July 1996, but did not report to CPSC.

  • The Wal-Mart companies knew of 46 incidents and 41 injuries to consumers, but did not report to CPSC. Twenty-nine of the incidents occurred at Wal-Mart stores while consumers were trying out the equipment and the incidents were reported to store personnel. CPSC alleges that numerous Wal-Mart employees and managers were aware of incidents. The company that handled 36 claims involving glider incidents is owned by Wal-Mart.· Icon knew of 86 incidents and 68 injuries to consumers, but did not report to CPSC.

In November 1997, after receiving more than 76 incident reports, design changes were made to gliders in inventory, but CPSC was not informed about the hazards presented by those in homes or on store shelves. In the course of its investigation into Icon's failure to report, CPSC discovered that Wal-Mart had extensive knowledge of injuries, which it did not report to CPSC. Icon and the Wal-Mart companies deny they had any responsibility for informing CPSC about the known defects or injuries.

Crib Alerts for Caregivers to 
Hidden Hazard in Babies' Cribs

The U.S. Consumer Product Safety Commission (CPSC) is warning caregivers about the dangers of loose or oversized sheets in babies' cribs. Since 1984, CPSC has learned of the deaths of 17 babies, most under 12 months old, who suffocated or strangled when they became entangled in sheets in their cribs or beds. Two of these deaths were with fitted crib sheets.

CPSC has worked to strengthen safety requirements for fitted crib sheets. An industry standard requires crib sheets to have a warning label that says "Prevent suffocation or entanglement. Never use crib sheet unless it fits securely on crib mattress." CPSC also has pushed industry to improve the fit of crib sheets on mattresses.

CPSC has issued a safety alert on this hidden hazard and is working to distribute this information to pediatrician's offices through the American Academy of Pediatrics (AAP). 

CPSC offers the following tips on ensuring a safer sleeping environment for babies:

  • Make sure the crib sheet fits snugly on a crib mattress and overlaps the mattress so it cannot be dislodged by pulling on the corner of the sheet. 
  • Never use an adult sheet on a crib mattress; it can come loose and present an entanglement hazard to young children. 
  • Place a baby on his/her back on a firm, tight-fitting mattress in a crib meeting current safety standards. 
  • Remove pillows, quilts, comforters, and sheepskins from the crib. 

 

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Report Finds Soft Bedding a Factor in Playpen Deaths

The U.S. Consumer Product Safety Commission (CPSC) released a report today on deaths in playpens. Since 1988, CPSC has reports of more than 200 babies who died while in playpens. In almost 100 of these deaths, soft bedding or improper or extra mattresses were present in the playpen and the babies died of suffocation or Sudden Infant Death Syndrome (SIDS). More than 70 percent of these deaths were to babies less than 12 months old.  Twenty-six of the playpen deaths occurred in a daycare setting.

Over the years, playpens, portable cribs and play yards have evolved into virtually identical products. Parents use playpens today as places for babies to both sleep and play. To educate caregivers, CPSC and Mattel, Inc. are launching a "Sleep Safe, Play Safe " campaign to address the two greatest hazards revealed by the study: 1) adding soft bedding and 2) adding extra mattresses or cushions.

For years, CPSC has warned about the dangers of soft bedding such as quilts, comforters and pillows in cribs. Soft bedding can become molded around an infant's face and cause suffocation.  As many as one-third of baby deaths attributed to SIDS, in fact, may be suffocation in soft bedding.

 "Many parents and caregivers know the dangers of soft bedding in cribs," said CPSC Chairman Ann Brown.  "This study shows, for the first time, that the same dangers exist when using  pillows, quilts, and comforters in playpens."

 The findings emphasize the need for caregivers to be aware that the same safe sleeping guidelines that they follow for their babies' cribs should be followed in these playpens. That means placing baby on his back on a firm, flat mattress and not adding extra mattresses or any soft bedding, such as pillows, quilts, or comforters.

"At Mattel, the well being of children is an inherent part of the reason for our organization to exist and we reflect this in all that we do," said Jim Walter, vice president of corporate product integrity for Mattel.  "We are happy to be working with the CPSC on the 'Sleep Safe, Play Safe' campaign."

  Today, CPSC, in partnership with Mattel, is kicking off a "Sleep Safe, Play Safe" campaign to educate parents and caregivers about the dangers associated with soft bedding and extra mattresses or cushions in playpens.

The campaign includes a Public Service Announcement (PSA), featuring a lullaby by singer/songwriter Tom Paxton, that will be distributed to 3,400 radio stations nationwide.  CPSC will reach out to practicing pediatricians and organizations that are influential in educating parents about ways to keep their infants healthy and safe.  Mattel will send more than a million posters and brochures to practicing pediatricians across the country and to organizations who work with or serve parents and childcare providers.

Other hazards identified in the study were playpens that were in poor condition, had broken or protruding hardware or had side rails that collapsed creating an entrapment hazard.

To prevent deaths or injuries to children in playpens, parents and caregivers should take these precautions:

* Before using a playpen, make sure it has not been recalled. Contact CPSC at 1-800-638-2772 or check the recalls section of CPSC's web site. * Always put a baby down to sleep on his back in a playpen or crib with no soft bedding, such as quilts, comforters and pillows. This can help reduce the risk of SIDS and prevent suffocation.

  • Use only the mattress provided by the manufacturer. Do not add additional mattresses in playpens. Children can suffocate in the spaces formed between mattresses or from ill-fitting mattresses.

  • Check that the playpen is in good shape. Using a modified or improperly repaired unit can create hazards.

  • Make sure the top rails of the units lock into place automatically. More than 1 million older playpens with top rails that had to be manually rotated into a locked position have been recalled.

  • Do not use playpens with catch points, such as protruding hardware. More than 9 million older units with protruding hardware have been recalled.

  • If using a mesh-sided playpen, make sure the mesh is less than ¼ inch in size and that it is attached securely. This will help prevent strangulation.

Get a free copy of the Sleep Safe/Play Safe brochure or poster at the web site or by writing to CPSC, Washington, DC 20207.   Both the brochure and the poster are also available in Spanish.

 Replace Nets On Soft Playgrounds

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Burger King Corporation, of Miami, Fla., and its franchisees today announce a voluntary safety program to replace the nets on its enclosed indoor and outdoor play structures throughout the United States with no-climb nets. BURGER KING® restaurants will install "no-climb" nets from the floor up to 7 feet to prevent children climbing into areas not meant for play.

Burger King Corporation is taking this action following the death of a 4-year-old boy who was playing in a net-enclosed play structure in a St. Louis, Mo. Burger King® restaurant on April 29, 2001. The boy gained access to an area of the enclosed playground not intended for play, became entrapped between parts of the structure, and died.

The "no-climb" nets, which have holes that are about one-quarter inch, will be installed on the sides of the play structures that are accessible to children. "No-climb" nets will replace box-type nets, which have two-inch square holes. The smaller holes in the "no-climb" netting prevent children from climbing the nets.

Of the approximately 3200 Burger King® playgrounds, only those playgrounds that do not have "no-climb" netting around the entrance and exit tubes, and do not have ceiling nets or other barriers to prevent access into non-play areas, will be temporarily closed until "no-climb" netting is installed.

The Burger King® net-enclosed play structures keep children within the play area, and use nets, sliding and crawling tubes and other soft, flexible materials. The enclosed play structure at the Burger King® restaurant in St. Louis, Mo. was manufactured by Atrox Systems Inc. Atrox, which ceased operations in 1997, distributed products under the brand name of Tenderfun Soft Playgrounds.

Service Station Short Changes Consumers

With gasoline prices rising to new levels, the Suffolk County Office of Consumer Affairs has stepped up its testing of octane ratings at area stations.  Recently, after failing three consecutive tests on its “Plus” and “Premium” brands, a Wading River Jetco station was ordered to close those pumps.

“Consumers shouldn’t have to worry whether or not they are getting the product the vendor is advertising,” County Executive Robert Gaffney stated.

Inspectors found samples of the 89 octane Plus fuel to measure only 88.4, 88 and 88.2 octane.  Similarly the 93 octain “Premium measures 91.8, 90.1 and 88.8 octane when tested.  “Those figures are especially significant given the fact that the price increases by  10 to 12 cents per gallon from 87 octane regular to Plus to Premium,” said Charles Gardner, director of the Office for Consumer Affairs.

The station’s owner, Kemal Akkaya was warned in April that he would be subject to penalties but the condition remained until the pumps were closed May 16.  To re-open the pumps, Akkaya would need to remove the under-octane fuel and retest the new fuel, providing a certified test result to the County, according to Bruce Dragonette, who works in the Consumer Affairs office.  In the meantime, the station may continue to sell regular gasoline, which did not fail to meet standards, he said.

The county reports that there are more than 10,000 pumps at over 600 gasoline stations across the county.