http://www.yourlawyer.com/practice_area/product_liability Fri, 16 May 2008 10:04:21 -0700 pixel-app en http://www.yourlawyer.com/articles/read/14366 Fri, 09 May 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14366
ATVs can be very dangerous vehicles, even in the best of circumstances. According to data collected by the Consumer Products Safety Commission (CPSC), ATVs killed more than 500 people in 2006 and of those victims nearly 1 on in 5 was a child.  In addition to ATV deaths, accidents involving these vehicles sent 146,600 people to hospital emergency rooms that same year.   .  Some 75% of the ATV accidents result in serious damage to the head or spinal cord of the accident victim. Head injuries are a major cause of serious life threatening or lifelong physical problems and ailments. Injury to the spinal cord can result in paralysis of the entire body for life. In its annual report released in February, the CPSC said Pennsylvania has had the highest number of reported ATV deaths since 1982, followed by California, West Virginia, Texas and Kentucky. Every state had at least one death attributed to ATVs.

ATV recalls are also not unusual.  In March, Yamaha Motor Corp. recalled some of its popular Rhino models for a brake defect, and in February, Polaris doubled a previous recall of its Sportsman and Scrambler ATVs because of a fire hazard.  According to the CPSC, this latest recall involves Model Year 2008 Honda TRX500 ATVs equipped with electric power steering, also known as the Honda FourTrax Foreman 4X4 with electric power steering. The adult-size ATVs are designed for use by riders age 16 and older. The ATVs are available in red, black, olive, white, and camouflage. “Honda” and wing logo are printed on the fuel tank and “TRX500” is printed on the side panel just below the seat.  The recalled Honda ATVs were sold at Honda ATV dealers nationwide from October 2007 through March 2008 for between $6,850 and $7,400.

The CPSC says the electric power steering shaft of the recalled ATVs could break unexpectedly, resulting in the rider’s losing steering control. This poses a risk of injury or death to riders. Consumers should stop using these recalled ATVs immediately and contact any Honda ATV dealer to make an appointment for a free repair. Honda has sent direct notices of the ATV recall to registered owners.  For additional information, consumers can contact Honda toll-free at (866) 784-1870 between 8:30 a.m. and 5 p.m. PT Monday through Friday, or visit the company’s website at www.powersports.honda.com


]]> http://www.yourlawyer.com/articles/read/14352 Wed, 07 May 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14352 defective gas boilers due to carbon monoxide hazards.  Although no incidents or injuries have been reported, if there is a leak in the vent piping, the recalled boilers can leak carbon monoxide (CO) into the buildings in which they are installed, posing a risk of CO poisoning.  Both recalls involve cast iron, gas-fired boilers, manufactured in the United States and used for space heating.

In the first recall, Weil-McLain of Michigan City, Indiana—in collaboration with the CPSC—is voluntarily recalling about 1,800 Williamson-Thermoflo GWS and GWI Gas Boilers.  Williamson-Thermoflo GWS and GWI Gas Boilers recalled with the following model names and serial numbers:  Model Names: GWS-127 and GWS-158; Serial Numbers: From CP 5160092 through CP 5663040 and Model Name: GWI-063, GWI-095, GWI-127, and GWI-158; Serial Numbers: From CP 4363986 through CP 5699844.  The model name and serial number can be found on separate labels on the outside of the left panel of Williamson-Thermoflo GWS and GWI Gas Boilers.

Williamson-Thermoflo GWS and GWI Gas Boilers were sold by plumbing and heating wholesale distributors to plumbers and contractors nationwide from October 2001 through December 2007 and retailed for between $1,500 and $2,700.

Consumers who have not already been contacted by Williamson-Thermoflo should contact their installer for a free safety inspection and repair, if necessary.  For additional information, contact Williamson-Thermoflo toll-free at (866) 783-9516 between 8:00 a.m. and 4:00 p.m. CT Monday through Friday or visit the firm’s Web site at www.williamson-thermoflo.com

The second recall was also voluntary and conducted in collaboration with the CPSC and Weil-McLain.  Approximately 32,000 Weil-McLain CGs and CGi Gas Boilers, manufactured by Weil-McLain, of Michigan City, Indiana are being recalled.  The following model names and serial numbers are included in the recall:  Model Names: CGs-3, CGs-4, CGs-5, and CGs-6; Serial Numbers: From CP 5071501 through CP 5694976 and Model Names: CGi-3, CGi-5, and CGi-6 Series 2; Serial Numbers: From CP 4134351 through CP 5698635.  The model name and serial can be found on separate labels on the outside of the left panel of the Weil-McLain CGs and CGi Gas Boilers.

The Weil-McLain CGs and CGi Gas Boilers were sold by plumbing and heating wholesale distributors to plumbers and contractors nationwide from October 2001 through December 2007.  The Weil-McLain CGs and CGi Gas Boilers retailed for between $1,700 and $2,700.

Consumers who have not already been contacted, should contact their installer for a free safety inspection and repair, if necessary.  For more information, contact Weil-McLain toll-free at (866) 783-9276 between 8:00 a.m. and 4:00 p.m. CT Monday through Friday, or visit the firm’s Web site at www.weil-mclain.com.

]]> http://www.yourlawyer.com/articles/read/14330 Mon, 05 May 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14330 defective safety belts that can interfere with the proper operation of rear facing child safety seats.  This is the latest quality issue to beset Toyota, which faces at least one lawsuit involving another type of seatbelt, as well as a whistleblower lawsuit charging the company covered up safety issues.

According the National Highway Traffic Safety Administration (NHTSA), this latest recall involves 90,000 model year 2008 Highlander and Highlander hybrid sport utility vehicles.  The NHTSA discovered during compliance testing that the locking mechanism on the Highlander seat belts cannot secure properly when certain rear-facing child safety seats are used, which could cause the child seats to move.  However, the NHTSA said the belt would still lock securely during an accident.

Toyota said it will notify owners of the vehicles by letter of the recall in early June, he said. The component will be replaced without charge.

This is not the first time a Toyota vehicle has been cited for a defective seatbelt.  Last November, a civil trial opened in California in the case of a man who was killed when the seatbelt of his 2002 Toyota Corolla jammed, leaving him trapped in a burning car.  Raminder Singh, a 60-year-old security guard, and his 19-year-old son were driving to a shoe shop when their Toyota Corolla was struck by another vehicle and veered off the road and smashed into a tree.  The son was able to free himself from his seatbelt, but the elder Singh’s seatbelt jammed.  By the time the son crawled out of the car to seek help, the car’s engine had caught fire, and he could do nothing but watch as his father burned to death inside the wreckage.

The Toyota Corolla involved in Singh’s death was manufactured at the New United Motor Manufacturing, Inc. (NUMMI) facility in California.   Toyota and General Motors embarked on the NUMMI joint venture in 1984, and the California plant produces the Corolla subcompact, Tacoma pickup truck and the Pontiac vibe wagon.  

The NUMMI plant is at the center of a second California lawsuit, in which a certified auditor at the plant accuses her superiors of deleting or downgrading defect reports from her vehicle reports.   Those problems included defective parts like broken seat belts and bad headlights, as well as poor braking systems and steering wheel alignment problems.  The Toyota and General Motors whistleblower lawsuit also claims that managers retaliated against the employee when she objected. According to the complaint against General Motors and Toyota, the plaintiff has been receiving medical treatment for stress, depression, fatigue, insomnia and panic attacks as a result of the poor treatment she was subjected to at NUMMI.

]]> http://www.yourlawyer.com/articles/read/14305 Wed, 30 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14305 defective products:  Rio Brands’ High-Boy Beach Chairs and Hammocks Sold by LivingXL.

Approximately 800 Rio Beach® High-Boy Folding Beach Chairs have been recalled for a fall hazard:  The rear leg of the chair can break.  Rio Brands, of Philadelphia, Pennsylvania is the manufacturer and the Rio Beach® High-Boy Folding Beach Chairs were made in China.  To date, Rio Brands received one report of an incident that involved minor bruises.

The Rio Beach® High-Boy folding beach chairs have aluminum tubing frames, striped or solid color fabric slings, and wooden arms with an attached storage pouch that has a cell phone pocket.  “Rio Beach® High-Boy,” the UPC number, and the model number all can be found on the hand tag and on a sticker on the rear leg; the recalled chairs sold in retail stores nationwide from January 2008 through March 2008, retailing for between $40 and $50.  The recalled Rio Beach® High-Boy folding beach chairs contain the following UPC and model numbers:

• UPC #:  SC640-702; Model #:  0-80958-26396-2
• UPC #:  SC640-812; Model #:  0-80958-26465-5
• UPC #:  SC640-818; Model #:  0-80958-26466-2
• UPC #:  SC640-8182; Model #:  0-80958-27165-3
• UPC #:  SC641-084-BB; Model #:  0-80958-27015-1

Consumers should immediately stop using the chairs and return them to the location where purchased for a full refund.  For additional information, call Rio Brands at (800) 866-8520 between 8:30 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s Web site at www.riobrands.com.

Approximately 400 LivingXL hammocks sold by LivingXL have been recalled.  This recall is also for a fall hazard to consumers.   Both the Multi Texteline Hammocks and Striped Quilted Hammocks were sold by the retailer Think Big Products LLC—doing business as:  LivingXL—of Canton, Massachusetts and were imported by CMRG Apparel, LLC, of Canton, Massachusetts.  The LivingXL hammocks were manufactured in India and sold by LivingXL’s catalog or at www.LivingXL.com from May 2007 through October 2007.  The LivingXL hammocks retailed for between $170 and $200.

The Living XL hammocks’ metal frame can crack and break, causing a consumer to fall to the ground; LivingXL has received three reports of injuries, including lower back pain and broken ribs, following a hammock collapse wherein the frame broke or cracked.

The recalled hammocks are Model X1010 Multi Texteline Hammock and Model X1011 Striped Quilted Hammock.  Both Living XL hammocks consist of a metal frame and cloth hammock.  The metal frame is made of steel, is beige in color, and has five pieces, including two foot brackets.  The model number is located on the hammock’s packaging and/or instruction sheet.

Consumers should immediately stop using the hammocks and contact LivingXL for instructions on returning the hammock to receive a full refund.  LivingXL is directly notifying consumers who purchased the hammock about the recall.  For additional information, contact LivingXL at (800) 535-7639 extension 7777 anytime, or visit the company’s Web site at www.LivingXL.com.

]]> http://www.yourlawyer.com/articles/read/14306 Wed, 30 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14306 faulty cruise control switches is nearly complete, but at least one consumer website says the switches are still a danger.

The Ford Super Duty truck pickup recall covers 65,000 2008 F-250 and F-350 trucks, Ford said in a letter posted on the Web site of the National Highway Traffic Safety Administration (NHTSA)  Ford dealers will add a bracket to help secure the fuel tank, at no charge to motorists. Owners will be notified beginning in late May when the parts are  available.  Ford said the affected trucks are F-250 and F-350 4x4 models with a single set of rear wheels and a 156-inch wheel base.

Meanwhile, Ford is trying to declare an end to a much larger recall involving faulty cruise control switches.  Over the past ten years, Ford has issued six recalls of cars and trucks with control switches that can  develop a short circuit and spark a raging fire, usually when the car is parked and unattended. About 12 million Ford vehicles have been recalled since 1999, including 1993-2004 Ford F150 trucks, 1994-2002 F250 through F550 Super Duty trucks with gasoline engines, and 1998-2001 Ford Explorer and Mercury Mountaineer SUVs, all of which were among the best-selling vehicles in the nation during those years.  A complete list is available at http://www.nhtsa.dot.gov/.

A variety of problems have plagued and delayed the Ford cruise control switch recalls.  In February, Ford recalled about 225,000 vehicles that had already been repaired because some wiring harnesses appeared to be defective.  A shortage of parts also delayed repairs of the defective switches.  

Ford is now preparing to send "final repair notices" to 3.5 million Ford vehicle owners next month. According to Consumer Affairs.com, the final repair notice is theoretically the last time the automaker will attempt to warn owners of the affected models.  The automaker says it will send multiple final notices to customers who do not take their vehicles in for the repair.

Ford reported to the NHTSA earlier this year that just more than 4 million of the recalled vehicles have been repaired to date. Ford also reported 834,000 of the recalled vehicles were not delivered, exported, stolen or scrapped.  That leaves more than 7 million Ford cars and trucks in the U.S. that could potentially catch fire - significantly more vehicles than the company plans to include in its final repair notices.

Meanwhile, Consumer Affairs.com says it continues to receive reports of Ford cruise control switch fires.  A Ford truck owner in Hitchcock, Texas saw his 2000 F-150 pick up erupt into flames April 1. “I was coming back from the grocery store and I stopped to grab my trash cans when I smelled something burning under the hood,” according to an email the owner wrote to the website. “All of the sudden flames started coming out from underneath the hood against the windshield before I could even shut the door,” he said.  The owner, whose truck was totaled, said he had had all recalls fixed by a Ford dealer.  

The faulty cruise control switch is also suspected as the cause of several house fires. At least three wrongful death suits have been filed as a result of Ford cruise control fires.

]]> http://www.yourlawyer.com/articles/read/14286 Fri, 25 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14286 defective products were distributed by Avon Products Inc., of New York, New York and sold in Puerto Rico and the U.S. Virgin Islands

In the first incident, Avon is recalling approximately 17,000 Infant Santa Outfits due to a choking hazard.  The Infant Santa Outfits were manufactured in China and imported by MacSwed, Inc., of New York, New York.  Although no injuries or incidents have been reported, to date, the pom poms on the 2006 and 2007 Infant Santa Outfit and the snaps on the 2007 Infant Santa Outfit can detach, posing a choking hazard to young children.

This recall involves the 2006 and 2007 Infant Santa Outfits with RN# 120273.  The 2006 Santa Outfit has a red hat decorated with a white pom pom and a red one-piece suit with white collar and white cuffs and stitched black belt and black boots.  The 2007 Infant Santa Outfits include a red hat decorated with a white pom pom, a red and white-striped bodysuit with a Santa Claus face on the chest, red overall pants with suspenders, and a red bib with a Santa Claus face on top.  Two snaps fasten the bodysuit at the shoulder and three snaps fasten the suit between the legs.  The outfits were sold in sizes three-to-18 months and “RN# 120273” is printed on the Infant Santa Outfit’s care label.

The recalled Infant Santa Outfits Sold through Avon Independent Sales Representatives in Puerto Rico and the U.S. Virgin Islands from August 2006 through November 2007 and retailed for about $15 for the 2006 Infant Santa Outfits and about $20 for the 2007 Infant Santa Outfits.  Consumers should immediately take the 2007 Infant Santa Outfit away from children and contact Avon for a refund.  Consumers with the 2006 Infant Santa Outfit should immediately remove the pom-pom from the hat.

In the second incident, Avon—in collaboration with the CPCS—is recalling approximately 1,000 Basketball and Flower Tables due to violation of the lead paint standard.  The Avon Basketball Tables and Avon Flower Tables were made in Peru and imported by Sencillamaente Art Corp., of Dorado, Puerto Rico from June 2007 through August 2007.  The Avon Basketball Table retailed for about $32 and the Avon Flower Table retailed for about $37.  Although no injuries or incidents were reported, the surface paint on the Avon Basketball and Avon Flower Tables contains excessive levels of lead, violating the federal lead paint standard.

The Basketball Table is about 16 inches tall with white legs and a 19-inch diameter top; the Flower Table is about 30 inches tall with a green petal stand and a 15-inch diameter purple and yellow top.  Consumers should take the tables away from children immediately and contact Avon for a full refund.  Known purchasers are being directly notified of this recall.

For additional information, contact Avon at (888) 993-9903 between 9:00 a.m. and 6:00 p.m. ET Monday through Friday or visit Avon’s Website at www.avon.com.

]]> http://www.yourlawyer.com/articles/read/14269 Wed, 23 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14269 recalls on two bicycle resistance trainers today.  Both items are folding stands that lift and apply resistance to the rear wheel of a standard bike, converting it into a stationary trainer.  In both cases, the recall is due to a hazard in which the springs in the trainers can unhook and become a projectile, posing a puncture risk to users or bystanders.

The CPSC—in collaboration with Performance Inc.—issued a voluntary product safety recall of approximately 3,000 of the 2007 and 2008 Performance Travel Trac Trainers imported by Performance Inc., of Chapel Hill, North Carolina.  Performance received three reports of springs releasing from the trainers; no injuries have been reported.

The recalled 2007 and 2008 Performance Travel Trac trainers were manufactured in Italy and sold at Performance stores nationwide and via Performance’s Web site and catalogs from October 2006 through March 2008 and retailed for between $330 and $400.  The recall includes the TT Inertial, TT I-Force Wireless, and TT Millennium I-Force models.  The Inertial and I-Force Wireless use the same stand with a looping black base and two red bike support arms.  The Millennium I-Force has a collapsible black stand.  Item numbers are printed on the bottom of the last page of the owner’s manual:

• Inertial:  Catalog # 40-3834—UPC 400014548343 and I-Force Wireless:  Catalog #40-3833—UPC 400014548268. “Travel Trac” printed in white along the right arm, “Millennium” printed along the left stand arm on a vertical white decal; there are also black horizontal decals.
• Millennium I-Force:  Catalog # 40-3656—UPC 400013501073.  “Travel Trac” and “I-Force” vertical white decals and “Inertial” in small red letters.

Consumers should immediately stop using these Performance trainers and return them to a Performance store for a refund, repair, or credit.  Performance can be reached at (800) 727-2433 between 9:00 a.m. and 5:00 p.m. ET Monday through Friday, at the company’s Web site at www.performanceinc.com, or by e-mail at recall@performanceinc.com.

The CPSC, in collaboration with Nashbar Direct Inc., is recalling approximately 200 of the 2008 Travel Trac Gravity Inertial Trainers, which were made in Italy and imported by Nashbar Direct Inc., of Canfield, Ohio.  While no injuries have been reported, Nashbar received three reports of springs releasing from the trainers.

The recall includes Travel Trac Gravity Inertial Trainers Catalog # NB-TTMIF, with a looping black base and two red support arms. “Travel Trac” is printed in white on the right support arm, “Millennium” is printed in white on the left arm, and “Inertial” is printed on the top of the right arm in black with a white border.  The resistance unit has a rounded black plastic cover with a soft red elastomer roller.  The item number is printed on the bottom of the last page of the owner’s manual.

Travel Trac Gravity Inertial Trainers were sold via Nashbar’s Web site and catalogs from January 2008 through February 2008 and retailed for about $330.  Consumers should immediately stop using these trainers and contact Nashbar to receive a free repair or refund and can reach Nashbar at (877) 688-8600 between 9:00 a.m. and 5:00 p.m. ET Monday through Friday, or at the Website at www.nashbar.com, or by e-mail at recall@nashbar.com.

]]> http://www.yourlawyer.com/articles/read/14271 Wed, 23 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14271 strangulation hazard have agreed to pay  a total of $320,000 in fines, the Consumer Products Safety Commission (CPSC) announced today.  According to the announcement, the firms failed  to report to the CPSC, as required by federal law, that their children’s hooded sweatshirts or jackets were sold with drawstrings at the hood and neck.

Since April 1, 2007, there have been 17 recalls of more than 190,000 units of children's clothing because they had drawstrings in the hood or neck.  This despite the existence of an 11-year old voluntary industry standard that instructs manufacturers not to use drawstrings in the neck area of children's outerwear and to make sure drawstrings at the waist are of a certain length, have no toggles or knots, and are sewn in the back so they can't move.  The CPSC has similar guidelines on the books, and both New York and Wisconsin have made the standard mandatory.

Still the guidelines are routinely ignored by the clothing industry, and that attitude has had deadly consequences for some children.  From January 1985 through January 1999, the CPSC received reports of 22 deaths and 48 non-fatal entanglement incidents involving drawstrings on children's clothing

The CPSC can take action if it sees voluntary standards being flouted, which includes levying fines.  That is what it has done in the case of eight firms that did not report hazardous drawstring clothing to the agency.  Federal law requires manufacturers, distributors, and retailers to report dangerous products to the CPSC within 24 hours after learning that a product contains a defect which could create a substantial risk of injury to the public, presents an unreasonable risk of serious injury or death, or violates a federal safety standards. The eight companies that have agreed to the fine are:

• Life is Good Inc.
• True Religion Apparel Inc.
• The Cayre Group Ltd.
• DollarDays International, LLC
• Kohl's Department Stores Inc.
• Seena International Inc.
• Neiman Marcus Group Inc
• Gildan Activewear SRL

Despite the fine, the CPSC said that none of the eight firms have admitted any wrongdoing.  It is doubtful that such a small fine split among eight companies will inspire many firms to follow drawstring guidelines.  To keep children safe, parents and caregivers need to take steps to keep this type of clothing away from kids. The CPSC recommends that consumers remove any drawstrings in the hood or neck area of your children's jackets, sweaters and sweatshirts. Consumers who spot clothing they think may be a hazard should be sure to notify the retailer and the CPSC.

]]> http://www.yourlawyer.com/articles/read/14220 Tue, 15 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14220 fire hazard.

According to the CPSC, about 3,200 of the lithium-polymer battery chargers and lithium-polymer batteries, which were distributed by Hobby-Lobby International Inc., of Brentwood, Tennessee and manufactured by Art-Tech R/C Hobby Company, Ltd. of Shenzhen, China, have been recalled.  The lithium-polymer batteries can ignite while charging, posing a fire hazard to consumers.  The recall also includes any spare battery (Model AT600B) or spare charger (Model ATS6046) purchased for this kit.  Hobby-Lobby has received three reports of incidents, including a consumer who received serious burns to his hand when a battery ignited.

The Falcon Helicopter kit lithium-polymer battery chargers and lithium-polymer batteries were sold through Hobby-Lobby.com from April 2006 through July 2007 and retailed for about $300 per kit.  Spare chargers sold for about $15 and spare batteries sold for about $45.

Consumers are advised to stop using the recalled chargers and batteries immediately and can receive new batteries and a “smart” charger that will shut down when the charging process is completed by contacting sales@hobby-lobby.com.  Hobby-Lobby International has directly contacted consumers who purchased the products from them.  Consumers should not return the batteries and chargers to the firm, but follow instructions for disposal and registration on their Web site.  For more information, contact Hobby-Lobby at (866) 933-5972 between 9:00 a.m. and 5:00 p.m. Central Time Monday through Saturday, or visit the firm’s web site at www.hobby-lobby.com

In February, about 30,000 of the Remote-Controlled Helicopter Toys-Fun2Fly Microcopter were recalled because the internal battery could catch fire during charging, igniting the helicopter and any combustible materials nearby.  The toys were manufactured in China and imported by Soft Air USA Inc., of Grapevine, Texas.

The CPSC is concerned about fire hazards from the lithium battery technology used with these toys and urges consumers to follow manufacturer's instructions when charging toys with these batteries.   Since November 2007, the CPSC received 26 reports of remote-controlled helicopters igniting while being charged and one incident of a helicopter igniting during flight; reports involve minor burns and property damage.  Soft Air received six reports of its Remote-Controlled Helicopter Toys-Fun2Fly Microcopter igniting with one reported injury.  Rechargeable lithium batteries (lithium-ion or lithium polymer) are increasingly used in toys as the technology is lighter.  The CPSC suggest the following”

•    Never leave the toy unattended while charging; adults should handle battery charging.
•    Charge the toy on a non-flammable surface away from flammable items.
•    Turn the charger off when the toy's battery is charged, always unplug the charger from the toy, and disconnect AC wall chargers from outlets while not in use.
•    If damaged, immediately stop using the toy, unplug it, and safely move it away from flammable materials.
•    Follow the manufacturer's instructions for charging the toy.  Do NOT charge the toy longer than recommended.

]]> http://www.yourlawyer.com/articles/read/14209 Mon, 14 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14209 dangerous toys from the market late last year; however, it maintains that multiple tests did not reveal asbestos.

The lawsuit, filed in Los Angeles Superior Court, said tests showed the kits’ fingerprint powder contained “substantial quantities of tremolite asbestos,” which it described as “one of the most lethal forms of asbestos.”  On its Web site, Planet Toys indicated it issued a “stop sale” on all “’CSI Fingerprint Kits’ until further information can be ascertained as to the discrepancy between our respective test findings.”  The asbestos group wants to stop sales of the kits unless they carry a hazardous material warning and is seeking full refund for return of the kits.

In early December, the Department of Consumer Protection stopped the sale of the CSI Fingerprint Examination Kit in Connecticut.  “With the success of crime shows like CSI, it's no surprise that kids want to get in on the excitement by pretending to be crime scene investigators, but our own investigation of the CSI Fingerprint Examination Kit identified a real-life culprit that must be promptly eliminated,” said Consumer Protection Commissioner Jerry Farrell, Jr.  “We are immediately embargoing and recalling this item in Connecticut.”  The Department purchased the toys and Farrell Jr. contacted the Department of Public Health to request testing.

Meanwhile, the asbestos awareness advocacy group conducted a study with three independent labs and revealed in very early December that the CSI Fingerprint Examination Kit contained two types of asbestos; however, kits remained on the shelves for weeks in Connecticut and continued to be sold elsewhere.  According to the study, the CSI Fingerprint Examination Kit contained high levels—five percent were found in the powder—of two asbestos types.  Department inspectors embargoed the product statewide and contacted the US Consumer Product Safety Commission (CPSC).  In late December, Planet Toys finally asked stores to pull its product from their shelves.

According to Farrell, “Lab results indicate that the composition and crystalline structure of the fibers is most consistent with tremolite, a form of asbestos and a toxic hazardous substance.  Given the potential health hazards associated with any asbestos contact, we are removing the item from sale immediately and are asking consumers to take swift measures to make sure their children aren’t exposed to the product.  There is no ‘safe’ level of asbestos.”

Asbestos has been classified as a known human carcinogen by the federal Department of Health and Human Services.  Breathing high levels of asbestos fibers is linked to increased risks of lung cancer, mesothelioma—a cancer of the lining of the chest and abdominal cavity—and asbestosis—in which lungs become scarred with fibrous tissue.  Many feel using asbestos-containing products may explain—in part—why some non-smokers and persons with no occupational exposures develop these diseases.

]]> http://www.yourlawyer.com/articles/read/14203 Fri, 11 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14203 Consumer Product Safety Commission (CPSC) in cooperation with two toy firms announced voluntary recalls of two children’s toys due to excessive lead paint levels.  Consumers should stop using these recalled products immediately, ensuring they are taken away from children.

The first product, Hillbilly Teeth, was imported by FUNTASTIC, of Houston, Texas and is being recalled because the gray surface paint on the teeth contains excessive levels of lead, violating the federal lead paint standard.  Approximately 26,000 of the FUNTASTIC Hillbilly Teeth toys were sold in two-pack packages with item # 2657 printed on the packaging.  The toy’s gums are brown and the teeth are yellow.  The FUNTASTIC Hillbilly Teeth were manufactured in China and sold at grocery, drug, convenience, and mass retailers nationwide from March 2005 through March 2008 for about $2.  Consumers should immediately take the recalled toy away from children and contact FUNTASTIC for information on receiving a refund at (800) 434-5207 between 9:00 a.m. and 5:00 p.m. Central Time, Monday through Friday or visit the company’s Web site at www.funtastictoy.com

Michaels Stores has also issued a recall for its Seasonal Writing Pens in cooperation with the CPSC.  The Flower Writers, Christmas Writers, Easter Writers, and Spooky Writers Seasonal Writing Pens were distributed by Michaels Stores Inc., of Irving, Texas and were sold individually as one of four in a series of Seasonal Writing Pens.  Each pen has decorations that include flowers and Christmas-, Easter-, and Halloween-themed ornamentation.  Approximately 310,000 of the Seasonal Writing Pens were sold exclusively at Michaels retail stores nationwide from August 2007 through March 2008.  Each Seasonal Writing Pen retailed for about $1.  The Seasonal Writing Pens were manufactured in China and the pens' surface coating contains high levels of lead, violating the federal lead paint standard.  Consumers are advised to stop using the recalled pens immediately and return them to any Michaels store to receive a refund and can contact Michaels’ customer service at (800) 642-4235/(800) MICHAELS between 8:00 a.m. and 5:00 p.m. Central Time Monday through Friday, or visit the firm’s Web site at www.michaels.com

Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Last year, over six million toys were recalled because of lead; the highest number ever due to product defects; Mattel Inc. alone recalled twenty-one million toys.  Lawsuits over lead in toys include cases with Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.  Potentially dangerous toys remained on store shelves several times last year and by the time last year’s holiday season hit—the busiest time of year for toy companies—the CPSC had recalled 75 brands of toys; 39 due to lead exposure.

]]> http://www.yourlawyer.com/articles/read/14204 Fri, 11 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14204 faulty power-window systems in some of their top-selling vehicles, resulting in a North American recall that involves over 662,000 cars.  Toyota is recalling 539,500 2003-04 model Corolla compact cars and Matrix crossover vehicles due to defective bolts in the window systems.  Toyota said the faulty bolts originated from a supplier and have now been redesigned. As part of the efforts in North America to resolve the problem, Toyota said it will notify about 50,000 Canadian customers that they will require free repairs offered by Toyota.  The cars involved in the recall were assembled in Canada at a Cambridge, Ontario plant.

GM also announced a recall for the same problem involving approximately 123,000 Pontiac Vibe hatchbacks.  The Pontiac Vibes share the same platform as Toyota's Matrix and are built by GM as part of a joint venture with Toyota.  In those vehicles with power windows, the glass bolts in the front windows may loosen which causes the glass to separate from the window regulator, Toyota reported.  Cars with manual windows are not subject to the recalls.

Toyota will notify vehicle owners by mail, starting in late April, and advised owners to contact their local Toyota dealer for inspection and repairs.  Replacement of the driver and front passenger door glass bolts will be done at no charge, Toyota said.

Last year, Toyota and GM were named in a lawsuit alleging managers at a California auto plant ignored serious problems, including defective seatbelts and breaking systems, found in cars rolling off the facility’s assembly line.  The plaintiff, a certified auditor at the plant, accuses her superiors of deleting or downgrading defects from her vehicle reports.  The Toyota and General Motors whistleblower lawsuit also claims managers retaliated against her.  The plaintiff, a trained expert in spotting vehicle defects, claims that since 2005, her superiors at the Toyota and GM NUMMI plant regularly altered her vehicle reports to eliminate or downgrade instances of defects which included broken seat belts, bad headlights, poor braking systems, and steering wheel alignment problems.  Toyota and GM jointly operate New United Motor Manufacturing, Inc. (NUMMI) in California and embarked on the joint venture in 1984.

The plaintiff claims she was demoted twice, accused of being “crazy and violent,” and was forced to undergo a mental fitness test.  The lawsuit also says a NUMMI manager threatened to fire her and attempted to get the plant’s personnel department to do so.  According to the lawsuit, this was done in an attempt to “break” the plaintiff so she would quit her job at NUMMI.

Toyota, once thought of as a paragon of reliability, has been plagued by quality problems.  Consumer Reports said Toyota “is showing cracks in its armor” and will no longer get automatic recommendations from the magazine for new or redesigned vehicles.  It also removed several Toyota vehicles from its recommended list because of quality issues.  Toyota recalled 766,000 vehicles in the US last year, up from 210,000 in 2003.


]]> http://www.yourlawyer.com/articles/read/14190 Thu, 10 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14190 Toy robots sold at dollar stores nationwide are being recalled by OKK Trading Inc. of Commerce, Calif. because surface paint on the toys violates federal lead standards.  According to the Consumer Products Safety Commission (CPSC), about 2000 of the lead tainted robots are involved in this recall.  

Many consider lead poisoning to be one of the most important chronic environmental illnesses affecting children today.  Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Despite efforts to control lead and the success in decreasing lead poisoning, serious cases still occur.  Once poisoned, no organ system is immune.  Of particular concern is the developing brain because negative influences can have long-lasting effects and can continue well into puberty and beyond.

In the past year, dozens of toys have been recalled for violations of federal lead paint standards.  Most of the 61 million toys recalled for lead violations were made in China, where manufacturers may purposely  ignore US lead standards as a way to reduce costs.  Congress is considering new federal lead limits and other toy-safety standards but sponsors of bills in 29 state legislatures do not want to wait; Illinois and Michigan enacted new lead laws and a phthalates ban is due to take effect in California next year.  The Toy Industry Association is fighting these efforts, however, and has hired lobbyists to battle legislative proposals in 10 states, including Connecticut, Maine, Maryland, Massachusetts, Minnesota, Vermont, and Wisconsin.

This latest lead recall involves robot toys were sold as a four piece set with various colored robots each carrying a gun in one hand and a shield in the other. “Interchange Robot” is printed on the outside packaging of the product.  The robot toys were sold at various dollar stores nationwide from October 2007 through December 2007 for about $1.  

The CPSC says consumers should immediately take these robot toys away from children and return the toys to the store where purchased for a refund. For additional information, consumers can contact OKK Trading toll-free at (877) 655-8697/OKK-TOYS between 8:30 a.m. and 5:30 p.m. PT Monday through Friday or visit the firm’s Web site at www.okktrading.com

]]> http://www.yourlawyer.com/articles/read/14179 Wed, 09 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14179 magnetic toy, this time a magnetic dart board, has been recalled because there is a danger the magnets could come loose, and could cause severe intestinal injuries if they are swallowed by children.  According to the Consumer Products Safety Commission (CPSC) about 870,000 Fun 'n Games Magnetic Dartboards distributed by Henry Gordy International Inc., of Plainfield, N.J. are involved in this recall.

Magnet toy sets are considered by many consumer advocates to be among the most dangerous toys on the market.  The magnets in these toys are usually high-energy neodymium iron boron magnets. If a child swallows more than one of these powerful magnets, they can be attracted to each other while in the intestinal tract. As a result, the magnets clump together, causing the intestines to twist. This can cause intestinal blockages, bowel perforations and even death.

Magnetix Building Sets were the first magnetic toy sets subject to a large scale recall in 2006, following the death of a toddler who swallowed a magnet that had come loose from its casing.   By the time the CPSC issued its first Magnetix recall in 2006, it had received 34 reports of injuries related to the toy, including the fatality. In April 2007, the CPSC expanded the recall to include all Magnetix sets sold before March 2006. By then, injury reports had reached 1,500. Since then, many other companies, including Mattel, have recalled magnetic toy sets. Just last month, more than 2 million other Magnetix toys were recalled, but so far the CPSC has not had received any injury reports related to those products.

The Toy Industry Association  addressed the problem last May by drafting a set of voluntary standards for magnetic play sets.  Under the new rules, magnets must either be “reliably contained” within a product or the toys must carry a warning label explaining the dangers of ingestion.  Unfortunately, some of the magnetic play sets in stores right now were apparently made before those standards took effect.

According to the CPSC, the magnetic dartboards involved in this recall are black, green, blue, and white checkered design, with a red bulls eye. The magnetic dartboards measure about 5 ½ inches wide and were sold with two 2 ¾-inch long magnetic darts. The darts magnetically attract to the dart board.  The Fun 'n Games Magnetic Dartboards were sold at Family Dollar stores nationwide from September 2002 through March 2008 for about $1.

The CPSC recall notice says small magnets at the ends of the darts can detach.  So far, there have been no injuries reported as a result of the defective Fun 'n Games magnetic dartboards, but consumers have been advised to take the toy away children immediately.  The dartboards can be returned  first class mail to: Henry Gordy International Inc., 809A Market Street, Hermann, MO 65041 for a full refund including tax and shipping costs. For additional information, consumers should contact Henry Gordy International Inc., at (888) 790-2700 between 8 a.m. and 4 p.m. CT Monday through Friday.


]]> http://www.yourlawyer.com/articles/read/14173 Tue, 08 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14173 plush children’s toys that pose a choking hazard. Consumers should stop using these recalled toys immediately unless otherwise instructed.

About 300,000 Cuddly Cousins Plush Insect Toys that were sold through the Dollar Tree Stores Inc., of Chesapeake, Virginia are being recalled because they contain small parts that could present a choking hazard to small children.  The toys sold at Dollar Tree, Dollar Bill$, Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide from March 2007 through December 2007 and for about $1.00 each.  Greenbrier International Inc., of Chesapeake, Virginia is the importer of the toys being recalled.  No incidents or injuries have yet been reported.  The toys were manufactured in China.

The recalled plush insect toys come in six designs:  A Lady Bug, a Bumble Bee, a Caterpillar, a Snail, and two Butterflies. The toys all measure nine inches to 10 ½ inches in length.  The Cuddly Cousins Lady bug is black with six legs, a red back with four black dots, and orange eyelids. The Cuddly Cousins Bumble Bee is black and yellow with six legs, sheer white wings, and red eyelids.  The Cuddly Cousins Caterpillar has four sections that are yellow, pink, green, and orange with seven legs connected on each side and purple eyelids. The snail is yellow and has dark pink eyelids and a two-tone brown shell.  One Cuddly Cousins Butterfly is blue and yellow with sheer purple wings with four orange dots and light pink eyelids.  The other Cuddly Cousins Butterfly is a two-tone pink toy with blue eyelids and sheer green wings with four yellow dots.  The product number is 903995 and UPC is 6 39277 03995 8 with a date code of 71.

Consumers are advised to immediately take the recalled Cuddly Cousins Plush Insect Toys away from children and return the recalled toys to the store where they were purchased for a full refund.  Dollar Tree Stores Inc. can be reached at (800) 876-8077 between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, or at the firm’s Web site at www.dollartree.com.

The American Academy of Pediatrics (AAP) suggests, among other things:  Show children how to use toys.  Avoid toys with loose parts, sharp pieces, choking or strangulation hazards, or loud noises that can damage a child’s hearing.  Read labels and buy age-appropriate items.  Buy non-toxic products—crayons and markers have found their way on the hazardous items list.  Ensure toys and parts are larger than a child's mouth, nose, and ears.  Soft toys should be washable, have secure seams and edges—small pellets can cause choking or suffocation.  No metal parts for a baby or toddler.  Small batteries are toxic and can cause choking.  Electric toys should be "UL Approved.”  Crib gyms and mobiles are not suitable for children who can push up.  Toy chests should have smooth, finished, nontoxic edges; sturdy lids that remain open in any position and with locking supports; safe hinges that do not pinch skin; and ventilation holes.

]]> http://www.yourlawyer.com/articles/read/14159 Fri, 04 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14159 ” sunglasses and warned consumers to stop using recalled products immediately unless otherwise instructed.

According tho the CPSC, approximately 144,000 of the children’s sunglasses were recalled due to the surface paint—located in the orange lettering on the temples of the sunglasses—containing excessive levels of lead, violating the federal lead paint standard.  No injuries have been reported, to date.  The recalled children’s sunglasses have Main Street Drag characters on the bottom of one lens.  The sunglass frames have either dark metallic blue or dark metallic red fronts and gray checkered sides.  The words, “Main Street Drag” are printed, in orange, at the temples.  Also, Style number DI25K7116 is printed on the left temple.  No other styles are included in this recall.  The children’s “Main Street Drag” sunglasses retailed for around $6.00 to $9.00 and were sold through Payless, Walgreen’s, Academy Sports, and CVS stores nationwide from October 2007 through March 2008 and were manufactured in China.

Consumers should immediately take the recalled sunglasses away from children and contact StyleMark for instructions on returning the sunglasses for a free replacement pair.  For additional information, contact StyleMark toll-free at (866) 928-1913 between 8:00 a.m. and 5:00 p.m. ET Monday through Friday, or visit the firm’s Web site at www.stylemark.net.

Many consider lead poisoning to be one of the most important chronic environmental illnesses affecting children today.  Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Despite efforts to control lead and the success in decreasing lead poisoning, serious cases still occur.  Once poisoned, no organ system is immune.  Of particular concern is the developing brain because negative influences can have long-lasting effects and can continue well into puberty and beyond.

A major challenge with lead poisoning is the difficulty in recognizing its subtle symptoms and that no pathognomonic—or definitive—indicators exist or point to contamination.  When faced with peculiar symptoms that do not match any one particular disease, lead poisoning should be considered.  Children with lead poisoning may experience irritability, sleeplessness or excess lethargy, poor appetite, headaches, abdominal pain with or without vomiting—and generally without diarrhea—constipation, and changes in activity level.  A child with lead toxicity be iron deficient and pale because of anemia and can be either hyperactive or lethargic.  There may also be dental pointers, for instance, lead lines on gingival tissue.  In adults there may be motor problems and an increase in depressive disorders, aggressive behavior, and other maladaptive affective disorders as well as problems with sexual performance, impotence and infertility, as well as increased fetal wastage and sleep disorders, either.  They may be over sleeping or have difficulty falling asleep.

]]> http://www.yourlawyer.com/articles/read/14160 Fri, 04 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14160 defective drawstrings that pose a strangulation hazard in children.  The recall was important for a number of reasons.  The drawstring violation has become routine in recall alerts, even though there is an 11-year old voluntary standard that instructs manufacturers not to use drawstrings in the neck area of children's outerwear and to ensure waist drawstrings are of a certain length, have no toggles or knots, and are sewn in the back so they are secure to the garment and can not move.  The Consumer Product Safety Commission (CPSC) has guidelines along these same lines for manufacturers and at least two states, Wisconsin and New York, have made the standard mandatory.

Manufacturers and retailers are not complying and since April 1 of last year, there have been 17 recalls of more than 190,000 units of children's clothing because of hood or waist drawstring issues. The manufacturers and retailers involved include major name brands such as The Gap, Old Navy, Nordstrom's, Sears, and K-Mart.  Although no injuries were reported in these 17 cases, there have been significant injuries because of this issue in the past.  From January 1985 through January 1999, the CPSC received reports of 22 deaths and 48 non-fatal entanglement incidents involving drawstrings on children's clothing.

Gap, Inc. owns Gap and Old Navy and Sears Holding owns Sears and K-Mart.  When asked why these merchants have been unable to meet the safety mandates for these children’s clothing items, Gap spokesman Bill Chandler said as a policy, the company requires suppliers to test all apparel in independent labs that are chosen by Gap to ensure their products meet all safety standards, including the drawstring safety standard. The two cases involving Old Navy and Gap Outlet were the result of human error, he said.  Sears spokeswoman, Kimberly Freely, declined to comment.  Nordstrom spokesman, Michael Boyd, said his company does require manufacturers to meet safety standards, including the voluntary drawstring standard.  Nordstrom is reviewing how the items that were later recalled reached the marketplace. "We do take the issue of product safety very seriously," he added.

The CPSC can act if it sees voluntary standards being ignored; however, the beleaguered agency currently faces certain limitations, especially giving that they do not, and have not had, a complete quorum for some time now.  This situation will likely not change until Congress completes work on product safety reform legislation and the president signs it into law.  The commission, however, delegated enforcement powers to the compliance staff prior to when the quorum expired this February.   In the meantime, the CPSC recommends removing drawstrings in the hood or neck area of children's jackets, sweaters, and sweatshirts.

If you spot clothing you think may be a hazard, be sure to notify the retailer and the CPSC.  In 2006, a lawyer for Consumers Union spotted children's sweatshirts with drawstrings while on vacation.  Her tip to the CPSC led to a recall.

]]> http://www.yourlawyer.com/articles/read/14132 Tue, 01 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14132 cell phone studies have linked frequent use of the devices to cancer and male infertility, raising concerns that the rising use of cell phones could have a negative impact on public health.

A new study suggests men’s fertility may be decreased with cell phone usage; however, the study’s lead author—Ashok Agarwal—says data are "quite preliminary."  Cell phones emit radiofrequency electromagnetic waves and scientists have reported potential adverse effects on brain waves, the heart and endocrine system, and DNA, says Agarwal—director of the andrology lab at the Cleveland Clinic Foundation—and his co-authors in the journal Fertility and Sterility.

Agarwal's team studied 361 men under age 40 being evaluated for infertility; men whose personal or family history might explain a low count or other sperm abnormalities were excluded.  The scientists further divided the patients into four groups based on how long they said they talked on a cell phone daily. Researchers then analyzed the men's semen and found a strong link between length of time spent on a cell phone and sperm count and quality.  Men who talked over four hours daily had lower counts, more poor "swimmers," and abnormally formed sperm.  Agarwal said one reason for these effects could be the heat generated by the phones; sperm production is sensitive to temperature.  Researchers did not ask about other sources of electromagnetic wave exposure, like laptop computers, or where the men usually kept the phone when they talked.  According to Agarwal, "There are hundreds of variables that can affect our conclusions."

British infertility specialist Iwan Lewis-Jones, who, like Agarwal, is conducting studies of cell phones' impact on sperm specimens said location of the phone is important and, "To get an effect, I think you've got to have the phone very close to the sperm."  In ongoing research Agarwal says, he found sperm quality decreases in specimens left sitting next to a phone in talk mode for as little as an hour.  Lewis-Jones says he isn't ready to report results from his research, in which phones in talk mode are left next to specimens.  "We are not saying that mobile phones affect fertility," he says. "All we're trying to do is see what effect they have on the sperm cell."  He said that changes seen in experiments might not occur in real life and the only way to know for certain is to randomly assign men to use a cell phone or not adding that since, “I don't know anybody who hasn't got a mobile phone now," few men would volunteer to go without one.

Meanwhile, another new study suggests that frequent cell phone use may increase the risk of cancer.  "The areas of greatest concern for us are the areas that are closet to the antenna and the antenna in most cell phones are in the handset and in the older days we had bag phones and that was down in the car and it was further removed from the body but with handhelds we always hold it up to our ear." said Doctor John Lynch of St. Bernard's Hospital.  "There are one or two studies out there that have some potential injury to humans due to radio frequency but there are several studies out there that says there's no damages so I think its really to early to say," added Lynch.

]]> http://www.yourlawyer.com/articles/read/14133 Tue, 01 Apr 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14133 fireworks company’s display at the popular and top-rated World Wrestling Entertainment show in Orlando, Florida resulted in singes and burns to dozens of people who were in attendance during WrestleMania XXIV at the Florida Citrus Bowl.  The fireworks company—Zenith Pyrotechnology—is based in Deer Park, New York and is known for providing exciting fireworks shows for the likes of Aretha Franklin, Boyz II Men, and Brandy.  Zenith Pyrotechnology has also provided fireworks for WWE in the past, enhancing WWE's dramatic and theatrical events by creating spectacular displays.

On Sunday, dozens of spectators were scorched when rockets attacked the crowd.  Fire department officials said that somewhere between 30 and 35 people were burned and three of the injured were treated at the Orlando Regional Medical Center; their conditions are unknown.

Officials said that the fireworks accident occurred toward the end of the event and seemed to occur when a cable that supported the fireworks on the southwest end of the stadium snapped, shooting rockets into the stands.  Fire Assistant Chief Greg Hoggatt said the guide wire supporting the fireworks "was stretched to the stage at the north end zone.  The cable was to supply a route for fireworks to travel down.  Somewhere in that period the cable failed."  In February 1999, Zenith did the fireworks shows for Chinese New Year in New York City and, in 1998, the famous New Year's Eve celebration in Times Square.

In June 2007, the company helped stage an explosion meant to depict the death of WWE Chairman Vince McMahon as he entered a limousine in Wilkes-Barre, Pennsylvania, during a "WWE Raw" event.

Wrestling officials said almost 75,000 people attended Sunday’s event and the WWE spent about $300,000 on the event.  The WWE issued the following statement on its Web site that states, "We're investigating the incident and doing everything we can to find out why it happened and to make sure it never happens again.  While we apologize to anyone who was injured and/or alarmed by this occurrence, we take solace in the fact that the reported injuries were minor."

Orlando Fire officials say the investigation into what went wrong is left up to WWE and its fireworks New York-based contractor, Zenith Pyrotechnology.  "It's so preliminary. I hate to make a comment," said Zenith general manager, Marie Kun. "We are going to find out what happened. . . .  That effect was tested in February and on Friday." It's a common effect that is used in several of the WWE shows, she said.

Fire Marshal Tammy Hughes, who awarded Zenith with the city's permit, was at the Citrus Bowl all day Sunday.  She and her nine-member staff continued to inspect the pyrotechnics throughout the day, said Hoggatt adding, “They found nothing wrong at that point.  If they had, they would have stopped (the fireworks)."

Rescue crews that were fighting against the crowds leaving the stadium responded to the various areas to assess the injuries.  According to Hoggatt, people with non-critical and non-life-threatening injuries were asked to go to first aid for treatment.

]]> http://www.yourlawyer.com/articles/read/14092 Tue, 25 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14092 defective tires for the second time in eight months and the third time in recent years.  This time, Cooper Tire is voluntarily recalling 48,037 tires due to a sidewall separation problem and is filing the recall with the National Highway Traffic Safety Administration (NHTSA). The recall, which was initiated on March 14, covers over 20 different Cooper Tire brands including Cooper Discoverer, Wildcat, and Wild Country. The recalled tires were built at the company's Albany, Georgia, plant.

Last July, Cooper Tire recalled 91,000 and, in another recall in 2006, a total of 296,500 other tires.  Meanwhile, at the time of this recall, Cooper Tire was in the midst of a plan to build and sell more high-end products as part of a strategy being implemented by its Chief Executive—Roy Armes—who is working to market Cooper Tire as a maker of high-end tires geared to owners of sport-utility vehicles and luxury cars.

In 2007, Cooper reached an annual profit of $119.5 million and, last month, in Cooper’s quarterly conference call, Armes promised that the company would follow quality programs to increase revenue and operational improvement in North America.  The cost of this recall will be taken in the first quarter, 2008, and will be immaterial to the company's quarterly earnings, according to Cooper Tire spokeswoman Pat Brown, who did not provide any other details. In its filing, Cooper said it will pay its dealers the $ 17.50 per tire cost for mounting and balancing.  The $17.50 cost alone is expected to generate $840,000 in expenses.  Cooper Tire shares were up 3.6% at $17.67 in late trading Monday, in line with gains for the broader US equities market.

In July, Cooper Tire recalled 91,747 Dominator Sport A/T tires.  A Cooper spokesman said the tires experienced a higher-than-normal adjustment rate, which led the NHTSA to begin a preliminary evaluation of the tire the prior year when its Office of Defects Investigation received a vehicle owner questionnaire (VOQ) concerning two size LT265/75R16 Dominator Sport A/T tires mounted on the rear axle of a pickup truck. The questionnaire said that the tires failed, resulting in vehicle damage.  Cooper also submitted to NHTSA data under early warning reporting requirements confirming situations similar to that identified in the VOQ.  Although Cooper’s analysis and testing found "no manufacturing or design defect" in the tires, Cooper voluntarily recalled the tires in the spirit of "customer safety and satisfaction."  The Dominator Sport A/Ts were manufactured at the company's Findlay, Ohio, plant.

The 2006 Cooper Tire recall involved the Cooper Lifeliner Touring SLE H-Rated and T-rated tires.  Cooper Tire determined that some tires might have been manufactured with non-conforming belt wire coat stock and that, if used, the tires could develop a belt separation due to a reduced ability to prevent corrosion of the steel wires in those cases where moisture reached the steel belt.  That defect could have possibly resulted in a vehicle crash; the recall was listed as “hazardous.”

]]> http://www.yourlawyer.com/articles/read/14094 Tue, 25 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14094 Yamaha Rhino ATV, which some consider to be the most dangerous ATV on the market.

According to the Consumer Product Safety Commission (CPSC), the brake caliper on the left front wheel of the recalled Yamaha Rhino ATVs could have been made incorrectly, resulting in brake fluid leaking. This can cause a loss of braking and control of the vehicle, posing a serious safety risk to the driver and passenger.  The recall covers Model Year 2008 Rhino YXR450 and YXR700 Side-by-Side Vehicles sold at Yamaha dealers nationwide from October 2007 through March 2008 for between $8,300 and $12,000.  Consumers with a recalled Rhino ATV should stop using them immediately and contact any authorized Yamaha Rhino dealer to schedule a free repair. The CPSC said registered owners were sent direct mail notification of this recall.  

So far, no injuries have been reported in relation to the Rhino brake defect.  However, that has not been the case with another Rhino safety issue - rollover accidents.  While many ATVs are prone to accidents, the Yamaha Rhino ATV is even more likely to be involved in rollover accidents. What’s more, these accidents are also more likely to result in serious injuries and deaths. Critics say the Yamaha Rhino is top heavy, and it has tires that are extremely narrow. These design defects make it far more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface. Furthermore, the Yamaha Rhino is designed in such a way that passengers’ legs are unprotected in the event of a rollover accident. Victims of Yamaha Rhino rollover accidents usually experience broken or crushed legs, ankles or feet. In some cases, victims have been permanently disabled, and have had limbs amputated following a Yamaha Rhino rollover accident. When Yamaha Rhino rollover accidents involve children, the results are often fatal.

Unlike the brake issue that sparked today's recall, Yamaha has been slow to acknowledge the Rhino ATVs rollover issues. In September 2006, Yamaha Motor Corp. sent a letter to the owners of Rhino ATVs warning that the Rhino was prone to tip while going through sharp turns. However, the wording of the Yamaha letter seemed to place much of the blame for Rhino rollover accident injuries on the victims themselves. Yamaha warned passengers of the Rhino ATVs to use seatbelts, and to keep their hands, arms and legs inside the vehicle at all times. The letter also included information on handling the Rhino if it should start to tip over. But since Yamaha sent the 2006 letter, it has become increasingly apparent that the actions recommended by Yamaha do little to protect passengers involved in Rhino rollover accidents.

It wasn’t until 2007 that Yamaha appeared to finally take the Rhino’s safety issues seriously. At that time, the company offered free modifications to the owners of new and used Rhinos. These modifications included the addition of doors to the ATV, as well as additional handholds. However, the company still has not recalled or offered refunds to the owners of the dangerous Rhino ATVs. It is not yet known if the modifications to the Yamaha Rhino ATVs will in fact make the vehicles safer.

]]> http://www.yourlawyer.com/articles/read/14096 Tue, 25 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14096 toy safety bill setting the toughest restrictions in the nation on the lead content of children's products.  If passed, the bill would reduce the allowable level of lead in toys and other goods to 90 parts per million—possibly as low as 40 parts per million, the recommended limit of the American Academy of Pediatrics—far below the current federal standard of 600 parts per million. The new restrictions would take effect July 2009.  The bill also sets tough limits on cadmium, a metal used in paints and plastics and on plastic-softening chemicals called phthalates linked to childhood developmental problems.  The state accounts for about 2% of total US toy sales, which last year equaled $23.5 billion in revenues.

The move has some in the toy industry concerned and some small toy makers are planning to stop selling in the state if, as they expect, Democratic Governor Chris Gregoire signs the bill saying the cost of certifying their products as safe under the law would be prohibitive.  Representatives of Mattel Inc. and Hasbro Inc., met with Gregoire March 17 over Mattel’s concerns that half of the products made by its Fisher-Price unit would be barred from the state if the law is adopted.  Hasbro confirmed a meeting with the governor.  The Toy Industry Association (TIA) represents over 75 companies and said it wouldn't make economical sense for toy makers to ship products to the state if the bill becomes law.

Millions of toys were recalled last year with 61 recalls.  Of those, over six million toys were recalled due to lead; the highest number ever due to product defects.  The dangers were generally attributed to Chinese manufacturers hired by the U.S. companies.  Also, last week, the Reebok unit of Adidas paid a $1 million penalty as part of a settlement with the U.S. Consumer Product Safety Commission (CPSC) for distributing a lead-tainted charm bracelet swallowed by a four-year-old boy who died of lead poisoning.

Congress is considering new federal lead limits and other toy-safety standards but sponsors of bills in 29 state legislatures do not want to wait; Illinois and Michigan enacted new lead laws and a phthalates ban is due to take effect in California next year.  The TIA says it hired lobbyists to battle legislative proposals in 10 states, including Connecticut, Maine, Maryland, Massachusetts, Minnesota, Vermont, and Wisconsin.

Of the laws under consideration at the state level, 24 regulate lead; 18, phthalates; 10, mercury, and 17, a variety of other toxins.  Toy makers have been reluctant to reveal how many of their products would fail to meet the Washington bill's standards, but according to lab tests sponsored by over two dozen consumer groups, 24.8% of the 1,200 randomly selected toys sold in the US contained lead quantities exceeding the limit in the Washington bill, and 2.9% had cadmium above the limits.  Last month, the Washington Toxics Coalition, an environmental advocacy group in Seattle, said it commissioned a test of 20 toys for phthalates and found that nine contained levels exceeding the Washington limit, which has been in effect in the European Union since 2005.

]]> http://www.yourlawyer.com/articles/read/14074 Fri, 21 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14074 Toy Puzzle Vehicle Sets which were sold exclusively by QVC.  Merchant Media Corporation sold about 198,000 of the Toy Puzzle Vehicle Sets through QVC’s televised shopping program, Web page, toll-free shopping line, and Studio Store from September 2002 through December 2007.  The Toy Puzzle Vehicle Sets—which were manufactured in China—retailed for about $20.

Although no injuries have been reported to date, according to the CPSC the surface paints on the puzzle pieces and components contain excessive levels of lead, violating the federal lead paint standard.

The Toy Puzzle Vehicle Sets recall includes the 16-piece Puzzle Track Play sets, also known as Battery-Operated Puzzle Vehicle sets.  QVC item number T16876 is printed on the exterior of the brown box packaging.  The sets have plastic puzzle pieces that, when put together, form a track with a battery-operated train, fire engine, or school bus vehicle designed to run on the track.  Miniature street signs, traffic cones, and a battery for the vehicle are also included in the Toy Puzzle Vehicle/Battery-Operated Puzzle Vehicle Sets.

Consumers should immediately take the recalled Toy Puzzle Vehicle Sets away from children and return them to QVC for a full refund including shipping and handling.  Consumers who purchased the recalled set from QVC’s television program or at QVC.com were sent a package by mail containing return information.  Consumers who purchased the recalled set at the QVC Studio store should return the product to the store where purchased for a full refund.  For additional information, contact QVC at (800) 367-9444 between 7:00 a.m. and 1:00 a.m. ET or visit the firm’s Web site at www.qvc.com

Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Last year, over six million toys were recalled because of lead; the highest number ever due to product defects; Mattel Inc. alone recalled twenty-one million toys.  Lawsuits over lead in toys include cases with Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.  Potentially dangerous toys remained on store shelves several times last year and by the time last year’s holiday season hit—the busiest time of year for toy companies—the CPSC had recalled 75 brands of toys; 39 due to lead exposure.  

The furor over lead in toys also prompted California Attorney General Jerry Brown to sue 20 companies for selling toys with unlawful quantities of lead and failing to warn the public of health dangers.  Los Angeles City Attorney Rocky Delgadillo joined the suit and additional suits were filed by the Center for Environmental Health, the Environmental Law Foundation, and As You Sow.

By late last year, the Chinese government signed agreements to help prevent lead-painted toys from reaching the US.

]]> http://www.yourlawyer.com/articles/read/14057 Tue, 18 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14057 lead-laced charm bracelets.  The bracelets killed one child, according to the Consumer Product Safety Commission (CPSC).  "The penalty settles allegations that Reebok International Limited imported and distributed charm bracelets that contained toxic levels of lead," the CPSC said.  The bracelets were given to shoppers for free with the purchase of children's shoes.

In March 2006, a worldwide recall was announced for more than 500,000 of the bracelets, including 300,000 in the United States, when a four-year-old American boy died after swallowing the pendant on the jewelry.  The bracelets were made in China.

The fine represents the largest that can be levied for a violation of the Federal Hazardous Substances Act (FHSA).  The FHSA bans toxic levels of lead in toys and other children's products.  "This civil penalty sends a clear message that the CPSC will not allow companies to put children's safety at risk," CPSC chair Nancy Nord said in a statement.  "Preventing dangerous metal jewelry from reaching the hands of children is a priority for our agency," Nord said.  Reebok said in a statement that it has introduced tough, mandatory product-checks since the recall.  "Reebok has implemented strict, mandatory policies and procedures which ensure all gift-with-purchase and promotional items and premium products associated with our brand meet or exceed the highest quality and safety standards," chief executive Paul Harrington said.

Nord lashed out at the toy industry and cited a lack of safety controls that led to last year’s unprecedented and highly publicized recalls when she recently spoke at the annual American International Toy Fair.  Warning that the industry has the obligation to regulate itself Nord said, "I will not tolerate this industry...not complying with our regulations.”  Nord added that the CPSC—which has been harshly criticized for not acting quickly enough to eliminate hazardous products from store shelves and for being influenced by the companies it regulates—is adding staff and working more closely with customs. "We all need to take responsibility" to make toys safer, she said, adding that she was "very angry" about recalls involving lead paint, as this was indicative quality control breakdown.

While the agency is now working with the Toy Industry Association to develop mandatory testing standards, millions of toys were recalled last year with 61 recalls, up over 20 from the prior year.  Of those, over six million toys were recalled due to lead; the highest number ever due to product defects.  Also, other potentially dangerous toys remained in stores and were sold without warning labels of possible choking hazards several times last year.

The Toy Industry Association released plans for a certification program mandating uniform testing, factory auditing, and risk assessment analysis of each product.  The proposal specifies toy makers must have an accredited laboratory test a random toy selection with frequency dependent on the factory’s quality control rates.  Pending federal legislation will authorize the CPSC to create such a program or designate a body to do so.

]]> http://www.yourlawyer.com/articles/read/14042 Mon, 17 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14042 magnetic toys amid fears that small magnets in the toys could come loose, placing children who swallow them at risk for serious intestinal injuries.  Today's Mega Brands magnetic toy recalls are not the first for the company, which has issued recalls of its popular Magnetix Building Sets on two other occasions.

Magnet toy sets are considered by many consumer advocates to be among the most dangerous toys on the market. Mega Brands' own Magnetix Building Sets were the first magnetic toy sets subject to a large scale recall in 2006, following the death of a toddler who swallowed a magnet that had come loose from its casing. The magnets in Magnetix, like those involved in the latest Mega Brands recalls, are high-energy neodymium iron boron magnets. If a child swallows more than one of these powerful magnets, they can be attracted to each other while in the intestinal tract. As a result, the magnets clump together, causing the intestines to twist. This can cause intestinal blockages, bowel perforations and even death. By the time the Consumer Products Safety Commission (CPSC) issued its first Magnetix recall in 2006, it had received 34 reports of injuries related to the toy, including the fatality. In April 2007, the CPSC expanded the recall to include all Magnetix sets sold before March 2006. By then, injury reports had reached 1,500.

Today's Mega Brands recalls include about 1.1 million Magtastik and Magnetix Jr. Pre-school Magnetic Toys, and 1.3 million  MagnaMan Magnetic Toy Figures.  The Magtastik and Magnetix Jr. Pre-school Magnetic Toys include small flexible parts embedded with magnets that allow the parts to connect to large, colored metal balls. Mega Brands and CPSC have received 19 reports of magnets coming loose, including one report of a 3-year-old boy receiving medical treatment to remove a magnet from his nasal cavity and one report of an 18-month-old boy with a magnet in his mouth, which was not swallowed. The Magtastik and Magnetix Jr. Pre-school products were sold at Wal-Mart, Target, Toys R Us, K-Mart and other toy stores nationwide from January 2005 through December 2007 for between $10 and $40.

The second Mega Brands magnetic toy recall involves 1.3 million MagnaMan magnetic toys.   MagnaMan toys are figures that have body parts that attach with magnets. They come in either a “Futuristic Warrior” or “Ancient Warrior” theme. Each figure comes with three accessories.   The Mega Brands and CPSC have received 25 reports of magnets coming loose from the figures. No injuries have been reported.  The MagnaMan magnetic toys were also sold at Wal-Mart, Target, Toys R Us, K-Mart and other toy stores nationwide from January 2005 through December 2007 for about $10.

Consumers who purchased either the MagnaMan, Magtastik or Magnetix Jr. Preschool toys involved in the Mega Brands recall should stop using the recalled toys immediately and return them to MEGA Brands for a free replacement toy.  Consumers who need more information about these recalls should call Mega Brands at (800) 779-7122 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit the firm’s Web site at www.megabrands.com.
 

]]> http://www.yourlawyer.com/articles/read/14044 Mon, 17 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14044 Evenflo Discovery Car Seat recall was issued despite the absence of a federal standard that specifies how well child safety seats must protect children in a side impact crash.  Potentially catastrophic problems with the Evenflo Discovery Car Seat were discovered only because federal regulators had been working on developing side-impact regulations and had conducted some child seat tests as part of that research.

In early February, Evenflo recalled 1 million of the company’s popular Discovery Infant Car Seats after tests conducted by the National Highway Traffic Safety Administration (NHTSA) revealed that the Discovery Infant Seat could potentially become separated from its base in high impact side collisions.  Seats affected by the Evenflo Discovery Infant Car Seat recall include models 390, 391, 534 and 552 made between April 2005 and January 29, 2008. The serial number and date of manufacture can be found on a white label on the underside of the safety seat.

The Evenflo Discovery Seat Recall was unusual because the NHTSA has yet to adopt standards for car seats in side impact crashes.  According to The New York Times, the agency said the problem with the Evenflo Discovery was so serious that, even in the absence of standards, the NHTSA felt a recall was necessary.  The agency discovered the problem with the Evenflo seats last year as part of its research into creating a side-impact regulation. The agency was already conducting side-impact crashes in its regular testing of new cars, but decided to include rear-facing child seats in those tests to gather information on how they would perform in different vehicles.

According to The New York Times, the NHTSA only began researching a side-impact standard for child seats in 2000 when Congress ordered the agency to research ways to make the seats safer. But in 2004 the agency told Congress that a side-impact standard was impractical because, among other things, there was no good test method. Then, early last year, the NHTSA began working on side-impact standards more actively after the Takata Corporation of Tokyo, which makes occupant restraints like air bags, told the agency that the company had developed a test for child restraints in side-impact crashes. It was while evaluating the Takata system that the NHTSA discovered the problems with the Evenflo Discovery.

According to The New York Times, the defects with the Evenflo where "catastrophic".  During the tests, in which a ram struck the vehicle’s side at 38.5 miles an hour, the portion of the seat in which an infant would be strapped broke free of the base that anchored it to the car and was thrown around the interior.  “Even in a severe crash we shouldn’t be seeing that kind of structural separation, and we didn’t see it in other seats,” Ron Medford, senior associate administrator for the NHTSA told the Times.

Yet, despite the fact that it agreed to recall the Evenflo Discovery and even quit making it, the company maintains the seats are safe.  Evenflo is basing that assertion, in part, on the fact that the seat met all federal standards in place at the time.  And Evenflo is not offering refunds for the defective Discovery seats.  Rather, the company will supply users with a "dual hook" fastener that will prevent the Discovery from separating from its base in the case of a side impact crash.  The NHTSA told The New York Times that the fastener had been tested and does work.

What the Evenflo Discovery recall does illustrate is the need for the NHTSA to adopt side impact crash standards for all child safety seats as soon as possible.  Medford told the Times that the Takata system “holds more promise than anything we have seen yet.” He said a final decision on whether to pursue a side-impact standard should be made by the end of the year.

]]> http://www.yourlawyer.com/articles/read/14031 Fri, 14 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14031 magnetic toy sets sold by Battat Inc. have been recalled because the small magnets in the toys can come loose, posing a risk of serious injury to children who swallow them.  This recall marks the second time since January that Battat has issued an alert regarding its Magnabild magnetic play sets.  In addition to the magnetic toy sets, Battat also announced today that it was recalling Play Wonder Toy Sundae Sets because they pose a choking hazard.

Magnet toy sets are considered by many consumer advocates to be among the most dangerous toys on the market. Magnetix Building Sets were the first magnetic toy sets subject to a large scale recall in 2006, following the death of a toddler who swallowed a magnet that had come loose from its casing. The magnets in Magnetix, like those in the recalled Magnabild sets, are high-energy neodymium iron boron magnets. If a child swallows more than one of these powerful magnets, they can be attracted to each other while in the intestinal tract. As a result, the magnets clump together, causing the intestines to twist. This can cause intestinal blockages, bowel perforations and even death.

According to the Consumer Products Safety Commission (CPSC), Battat Inc. of Plattsburgh, NY is recalling 7,000 Battat Magnabild Magnetic Building Toys or Sets.  This recall involves the 108-piece (item number BB1439H) and the 68-piece (item number BAT-34) Magnabild Magnetic Building System sets. The 108-piece set comes in a rotating display case containing sixty 1-inch rods with magnets and 48 metal balls. The 68-piece set comes in a window box and contains forty-four 1-inch rods with magnets and 24 metal balls. The rods come in different colors. All of the plastic building pieces have the word “Magnabild” in raised lettering on them. “BB1439H” is found on a hang tag attached to the display case. “BAT-34” is found on the box. The products are designed for children older than three years. The Magnabild sets were sold at various stores and online between July 2005 and February 2008, for between $20 and $35.

According to the CPSC recall notice, the small magnets attached to the one inch rods can come loose.  The CPSC and Battat have received 16 reports of Magnabild magnets coming loose, but no injuries.  Consumers should immediately take the recalled Magnabild Magnetic Building System away from children and contact Battat to receive a pre-paid mailer to return the toy and to receive a free replacement product.

This is the second recall of Magnabild play sets this year.  In January, Battat recalled 125,000 Magnabild Magnetic Building Systems for the same defect.

Battat also announced a recall of 22,000 Play Wonder Toy Sundae Sets sold at Target stores nationwide between December 2006 and 2007.  The wooden Toy Sundae Sets, which sold for about $10, include six wooden scoops of ice cream, three cherries that attach to the top of the ice cream scoops, banana slices, a spoon and bowl. The ice cream scoops are green, pink, brown, yellow and purple. The sundae set pieces attach to each other with Velcro. Model number DPCI-204-12-0526 is included in this recall and is located on the packaging.

According to the CPSC, the wooden cherries pose a choking hazard.  Consumers should immediately take the recalled toy sundae sets away from children and return the toys to any Target store for a full refund.

For information on either the Magnabild recall or the Toy Sundae Set recall, consumers may contact Battat Inc. by calling (800) 247-6144 between 8:00 a.m. and 4:30 p.m. ET or visiting the firm’s Web site at www.battatco.com

]]> http://www.yourlawyer.com/articles/read/14027 Thu, 13 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14027 defective toys - toy airplanes, cars and motorcycles - due to a violation of lead paint standards.  The specific toys are the X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles.  Consumers should immediately take the S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles away from children and return to them to the store where purchased for a refund.

According to the CPSC, about 5,000 of the X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles where made in China, imported by S.U. Wholesale Inc., and sold at Dollar Stores nationwide from September 2006 through November 2007.  The X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles retailed for about $1.  Although no injuries or incidents have been reported, to date, the X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles contain excessive levels of lead, violating the federal lead paint standard.  The “X Force Commander” is a set of six plastic jet airplanes with item number 5689 printed on the front of the packaging.  The airplanes are painted green, red, blue, silver, black, and yellow. The “Super Famous” is a set of a plastic toy cars and a motorcycle; the car is either yellow or red and the motorcycle is gray

Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems.  Lead is also known to cause cancer and reproductive harm and, in adults, lead can damage the nervous system.  Last year, over six million toys were recalled because of lead; the highest number ever due to product defects; Mattel Inc. alone recalled twenty-one million toys.  Lawsuits over lead in toys include cases with Fisher-Price; Michaels Stores; Sears, Roebuck and Co.; Costco Wholesale; Eveready Battery; KMart; and Marvel Entertainment for Ernie, Elmo, Big Bird, SpongeBob, and Thomas the Train products.  Potentially dangerous toys remained on store shelves several times last year and by the time last year’s holiday season hit—the busiest time of year for toy companies—the CPSC had recalled 75 brands of toys; 39 due to lead exposure.  

The furor over lead in toys also prompted California Attorney General Jerry Brown to sue 20 companies for selling toys with unlawful quantities of lead and failing to warn the public of health dangers.  Los Angeles City Attorney Rocky Delgadillo joined the suit and additional suits were filed by the Center for Environmental Health, the Environmental Law Foundation, and As You Sow.

By late last year, the Chinese government signed agreements to help prevent lead-painted toys from reaching the U.S. and toys are reportedly undergoing more inspection and re-testing.

For additional information about the S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles recall, contact S.U. Wholesale toll-free at (877) 580-8883 between 10 a.m. and 6 p.m. PT Monday through Friday.

]]> http://www.yourlawyer.com/articles/read/14020 Wed, 12 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14020 recalled defective deep fryers that can cause fires, and baby slings that pose a fall hazard.

According to the CPSC, JCPenney has recalled Cooks Deep Fryer due to fire and burn hazards.  The CPSC advises consumers to stop using the Cooks Deep Fryers immediately.  Approximately 27,000 of the Cooks Deep Fryers were manufactured in China and sold by JCPenney of Plano, Texas and exclusively at JCPenney stores nationwide, from the JCPenney catalog, and online at www.jcp.com.  The Cooks Deep Fryer sold from August 2007 through January 2008 and retailed for about $50.

The Cooks Deep Fryer has a faulty heating element that can cause the fryer to overheat.  This poses a fire and burn hazard to consumers.  JCPenney is aware of five incidents involving the deep fryers, including one report of a minor burn and three reports of damaged countertops.

The Cooks Deep Fryer has a brushed stainless steel exterior, a wire mesh basket with a handle, a lid with a window, and black handles.  The Cooks Deep Fryer has a 1/3-gallon capacity and the word “Cooks” is stamped on the side of the deep fryer and model number 22016 is printed on the bottom of the deep fryer.

Consumers should immediately stop using the deep fryer and return it to the nearest JCPenney store for a full refund.  For additional information, consumers can contact JCPenney toll-free at (888) 333-6063 anytime, or visit the firm’s Web site at www.jcp.com.

The CSPS, in cooperation with Ellaroo LLC, of McKinney, Texas, issued a recall for the Ellaroo Ring Sling Baby Carriers due to a fall hazard.  The CPSC advises consumers to stop using the Ellaroo Ring Sling Baby Carrier immediately.

About 1,200 of the Ellaroo Ring Sling Baby Carriers were sold at juvenile product and department stores nationwide and online, including BabiesRUs.com, from June 2007 through February 2008.  The Ellaroo Ring Sling retailed for about $100 and is manufactured in India.  The aluminum rings on the sling carriers can bend or break, causing the fabric to slip through the rings and for infants to fall out of the carrier.  To date, Ellaroo has received four reports of the rings bending and two reports of rings breaking; so far, there have been no reports of injuries.

This recall refers to Ellaroo Ring Sling baby carriers with item numbers 2101 and 2102 printed on the outside of the product box.  The Ellaroo Ring Sling has a fabric carrier with two aluminum rings that is worn by the user to carry an infant up to 35 pounds.  The carriers are sold in mahogany, mango stone, brasilia, and malay color prints and only those Ellaroo Ring Sling carriers with lot numbers 03/07 and 07/04 printed on a label, under the size label, inside the Ring Sling are included in the recall.

Consumers should immediately stop using the Ellaroo Ring Sling Infant Carriers and contact Ellaroo for instructions on returning the product for a repair or replacement.  For additional information, consumers can contact Ellaroo at (800) 483-4902 between 8:30 a.m. and 4:30 p.m CT Monday through Friday or visit the firm’s Web site at www.ellaroo.com.

]]> http://www.yourlawyer.com/articles/read/14015 Tue, 11 Mar 2008 00:00:00 -0700 http://www.yourlawyer.com/articles/read/14015 consumer product safety on items exported to the U.S. from Vietnam.  At the same time, CPSC officials are visiting Hanoi to meet with their government counterparts in Vietnam and are conducting product safety training for Vietnamese exporters of consumer products.

The agreement between the CPSC and the Directorate for Standards and Quality (STAMEQ) of the Ministry of Science and Technology mandates information and technical exchanges to implement the consumer safety programs.  “Vietnam has become an increasingly important trading partner with the United States,” said Acting Chairman Nancy Nord adding, “Working with industry and directly with government agencies in other countries, such as Vietnam, is one of the most effective ways to ensure the safety of products made abroad and intended for U.S. store shelves.”

“Vietnam understands the importance of protecting the safety of consumers,” said Dr. Ngo Quy Viet, Director General of STAMEQ. “Therefore, Vietnam welcomes collaboration with foreign partners, especially with those that have such an effective safety system as the United States, to improve consumer and importer confidence.”

The number of imports from Vietnam to the U.S. has increased significantly in recent years and, according to U.S. International Trade Commission data, around $8.6 billion worth of products under CPSC jurisdiction were imported to the United States from Vietnam in 2007.  This represents a 31 percent increase from 2006.  The CPSC also has signed agreements with Canada, Chile, China, Costa Rica, the European Commission, Egypt, India, Israel, Japan, Korea, Mexico, Peru and Taiwan to improve the safety of consumer products.

Under a new agreement—allowing U.S. inspectors access to Chinese factories and ensuring Chinese manufacturers continued access to the U.S. market—Chinese exporters will register with the Chinese government and agree to annual inspections by China's office of General Administration of Quality Supervision, Inspection, and Quarantine; enforc