Parker Waichman LLP

Ross Stores, Wagner Spray Tech and Techtronic Industries Reach Settlement Agreements with CPSC

The Consumer Products Safety Commission (CPSC) has reached an agreement with three firms over allegations that the companies failed to report defective products to the agency in a timely manner. Federal law requires manufacturers, distributors, and retailers to report to the CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a […]

The Consumer Products Safety Commission (CPSC) has reached an agreement with three firms over allegations that the companies failed to report <"https://www.yourlawyer.com/practice_areas/nursing_home_negligence">defective products to the agency in a timely manner.

Federal law requires manufacturers, distributors, and retailers to report to the CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by the CPSC.

In the first settlement, Ross Stores Inc., of Pleasanton, Calif. has agreed to pay a civil penalty of $500,000. The penalty settlement, which has been provisionally accepted by the Commission, resolves CPSC staff allegations that Ross knowingly failed to report to the CPSC immediately, as required by federal law, that children’s hooded sweatshirts it sold had drawstrings at the neck.

In February 1996, the CPSC issued drawstring guidelines to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, the CPSC’s Office of Compliance announced that children’s upper outerwear with drawstrings at the hood or neck would be regarded as defective and as creating a substantial risk of injury to young children.

In agreeing to the settlement, Ross Stores denies the CPSC’s allegations that it knowingly violated the law.

Wagner Spray Tech Corp., of Plymouth, Minn. and Techtronic Industries Co. LTD, of Hong Kong, including its wholly-owned subsidiary Techtronic Industries North America Inc., of Anderson, S.C., have agreed to pay an $800,000 civil penalty. The penalty settles a federal lawsuit filed in the U.S. District Court for the District of Minnesota alleging that Wagner and Techtronic failed to timely report to CPSC as required by federal law the overheating of certain defective cordless power drill battery chargers. These chargers were distributed under the Wagner brand name and manufactured by Techtronic. The products were reportedly involved in several incidents that resulted in property damage.

The lawsuit alleged that Wagner and Techtronic learned about charger overheating incidents starting in 1999 and 2000, respectively, but failed to immediately report this information to the CPSC, as required by law. In March 2004, 180,000 of these battery chargers were voluntarily recalled by Wagner. The Office of Consumer Litigation of the U.S. Department of Justice brought this case before the U.S. District Court for the District of Minnesota on behalf of the CPSC.

In resolving the lawsuit, Wagner and Techtronic denied the allegations that they violated federal law or failed to immediately report to the government.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
It was so easy working with PW, I was kept informed about everything. I was very please with the service.
Joseph Saberito
4 months ago
5 Star Reviews 150
Michele Josama an employee of Parker Waichman LLP provided excellent service. She is qualified, competent, and caring. Further, the attorney assigned to my case was available to provide updates and kept me informed. Without a doubt, I would highly recommend Parker and Waichman LLP.
Dr. R
3 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value My husband and I wants to thank Christina Morace for all the good work she has done for us. I will recommend this law firm to anyone that wants results with their claims. Thank you Parker Waichman LLP.
Christine Thorpe
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038