http://www.yourlawyer.com/topics/overview/stand_n_seal Sat, 21 Nov 2009 21:30:57 -0800 pixel-app en http://www.yourlawyer.com/articles/read/13589 Mon, 31 Dec 2007 00:00:00 -0800 http://www.yourlawyer.com/articles/read/13589 Stand ‘n Seal grout sealer is still putting consumers in danger. A variety of products have been  linked to respiratory problems resulting from sprays with a water-repelling ingredient that contains a Teflon-like chemical resin known as a fluoropolymer.  In addition to the recalled Stand ‘n Seal product, fluoropolymer is found in Kenyon Water Repellent, Jobsite Heavy Duty Bootmate, Rocky Boot Weather and Stain Protector.  While the Consumer Product Safety Commission CPSC has issued a recall on Stand ’n Seal, which was involved in the most injuries and two deaths, it has done nothing about the other waterproofing sprays.  Jobsite and Rocky Boot, were removed at the request of Michigan officials.

The waterproofing chemical is not considered hazardous at the concentrations found in the sprays, so federal laws do not require labels mention its presenc, said Susan C. Smolinske, professor of toxicology at Wayne State University in Detroit and director of a Michigan regional poison control center.  Thousands are likely to have suffered respiratory problems after using these sprays, according to Smolinske, who also cited reports filed with poison control centers.  Generally, consumers suffer from chemical pneumonitis, a lung inflammation caused by inhaling a foreign object that prevents a person from receiving adequate oxygen.

In October 2006, the director of the Michigan Department of Community Health, Janet Olszewski, wrote to Nancy A. Nord, acting chairwoman of the CPSC, urging her to address the issue, one of several requests.  Henry A. Spiller, toxicologist and director of the Kentucky Regional Poison Center in Louisville, also urged the agency to investigate.  Julie Vallese, spokeswoman for the CPSC, agreed the topic merits attention, but financial issues prevent review of the dangerous waterproofing sprays.  Congress increased the agency’s budget by nearly 30 percent before adjourning this year, so new money may allow research on the products, she added.

Ann F. Hubbs, a pathologist at the National Institute for Occupational Safety and Health NIOSH), which has no formal jurisdiction over consumer products, examined the Jobsite product last year at the request of Michigan authorities.  Hubbs concluded the issue appears to date back nearly two decades, when a chemical associated with damage to the ozone layer was removed and formulas changed.  Once the chemical is mixed with other solvents and pressurized it may end up deep in the lungs of the person using it; however, this requires more formal research.

Michigan officials sent a statewide notice warning hospitals about the hazard and also negotiated with the distributor of Jobsite Heavy Duty Bootmate and Rocky Boot and Weather Maker, convincing the company to stop selling the products when the federal product safety commission declined to intervene.  In those cases, more than 215 illnesses were reported, including over a dozen where consumers used the spray outside and became ill after taking their boots inside.  Manny Vickers, president of Fiber-Shield Industries of Yaphank, N.Y., a company that makes a fluoropolymer-based chemical used in millions of waterproofing cans said illnesses appear to be related to particle size, pressurization, and the adequacy of ventilation.

]]> http://www.yourlawyer.com/articles/read/13276 Wed, 31 Oct 2007 00:00:00 -0700 http://www.yourlawyer.com/articles/read/13276 Stand ‘n Seal injuries were reported long after the Consumer Products Safety Commission (CPSC) ordered the recall.   That’s because the company that manufactured Stand ‘n Seal, Roanoke Companies (now known as BRTT), was allowed by the CPSC to market a new version of Stand ‘n Seal.  The CPSC simply took Roanoke’s word that the new Stand ‘n Seal was safe, and even now, a page on the CPSC website states that the Stand ‘n Seal recall only applies to the version of the sealant sold through June 2005.

Yet according to an investigation aired on CNN, the new Stand ‘n Seal was no safer than the old version.   The CNN investigation reported on instances of people becoming ill from Stand ‘n Seal long after the CPSC’s 2005 recall.  In one particular case, a doctor developed “chemical pneumonia’ after using Stand ‘n Seal to finish tile work in his bathroom.   The doctor followed all the directions on the Stand ‘n Seal label, and ventilated the area where he was working.  But a few hours later, he could not breathe and was rushed to the emergency room.  Stand ‘n Seal had damaged 30% of his lungs, and he spent days in intensive care as a result.  Even now, he is unable to walk stairs without difficulty.  According to CNN, the doctor was able to purchase the Stand ‘n Seal that injured him two months after the recall.   What’s more, the particular can of Stand ‘n Seal he purchased was not even included in the CPSC recall.

What the doctor and so many other Stand ‘n Seal victims purchased was a new, supposedly safer version of the toxic product.  The only problem was that Roanoke was making the new Stand ‘n Seal with the same chemical, Flexipel, which had made people sick in the first place.  The company had only added a new chemical to give Stand ‘n Seal a stronger odor, which was meant to warn users that their work area needed ventilating.

The CPSC allowed the new Stand ‘n Seal to go on the market without testing the product.   That’s because the 400-employee agency does not have the laboratory facilities to conduct the kinds of tests that would have found that Stand ‘n Seal was still dangerous.  Yet despite receiving hundreds of reports of lung injuries related to the new Stand ‘n Seal, neither Roanoke nor the CPSC moved to take the product off the market.  In fact, Roanoke blamed users for the problems with Stand ‘n Seal, insisting that consumers weren’t following directions to ventilate work areas.

It wasn’t until March 2007 that Home Depot, facing hundreds of Stand ‘n Seal lawsuits, finally admitted there was a problem.  At that time, Home Depot conceded that the new version of Stand ‘n Seal still contained Flexipel.  The retailer removed Stand ‘n Seal from the market this spring, and is offering refunds to anyone who purchased the defective product.

For its part, the CPSC has been seemingly oblivious to the dangers posed by the “safe” version of Stand ‘n Seal.  According to CNN, the recall notice posted on the CPSC’s website says that Stand ‘n Seal purchased after June 2005 is safe.   What’s worse, a CNN reporter called the CPSC’s public hotline recently and was told the very same thing from a telephone representative.

The CPSC is supposed to protect consumers from dangerous products, but it has failed the public in the case of Stand ‘n Seal.  There is no way to know how many people purchased toxic Stand ‘n Seal following the 2005 recall, and many of them could still have it in their homes.   Had the CPSC acted on reports that the new Stand ‘n Seal was still dangerous, possibly hundreds of serious injuries could have been avoided.

]]> http://www.yourlawyer.com/articles/read/13187 Mon, 08 Oct 2007 00:00:00 -0700 http://www.yourlawyer.com/articles/read/13187 Consumer Products Safety Commission (CPSC) in August 2005.   At least 80 serious injuries, including 2 fatalities, have been liked to this dangerous product, yet it wasn’t until earlier this year that Stand ‘n Seal was removed from the market entirely.   Now, the sad story of Stand ‘n Seal has become yet another example of the CPSC’s  inability or unwillingness to take strong action when dangerous products threaten so many with serious injury.

Stand ‘n Seal was introduced in 2003 by Roanoke Companies (now known as BRTT) as an alternative to traditional ceramic tile grout sealants.  Previously, these sealants had to be painted on to tile by hand.   But with Stand ‘n Seal, consumers were able to quickly spray the product onto the tile.   The can of Stand ‘n Seal included no warnings about inhalation hazards on  the products packaging, and in fact promised that once applied, any extra Stand ‘n Seal Spray would “evaporate harmlessly.”  The product was sold exclusively through Home Depot stores, and the retailer’s promotional materials for Stand ‘n Seal featured smiling do-it-yourselfers using the product without any protective clothing or masks.

Unfortunately, consumers soon found out that using Stand ‘n Seal was not so simple.  Stand ‘n Seal contained chemical hydrocarbons, which can cause respiratory problems if inhaled.  By 2005, Roanoke had received dozens of complaints from consumers who had been injured by Stand ‘n Seal.   User complaints ranged from mild headaches and sinus problems to difficulty breathing.   Some victims were unable to move for a time after their exposure, and others reported terrifying instances of actually foaming at the mouth.   Many victims of Stand ‘n Seal exposure had to be hospitalized for days, and at least two died.  Many survivors still suffer from breathing problems as a result of their use of Stand ‘n Seal.

Federal law requires that companies inform the CPSC of possible safety problems within 24 hours of becoming aware of them.  But Roanoke waited weeks before telling the CPSC of Stand ‘n Seal’s issues.   Instead, Roanoke tried its best to conceal the problems, even telling employees who manned the company’s 24-hour emergency hotline not to  tell customers reporting illnesses that similar reports had been made.  Roanoke finally made the CPSC aware of Stand ‘n Seal’s problems in June 2005, but only because several health care professionals had let the company know that they were going to make their own reports to the CPSC.  But even once it knew, the CPSC still moved slowly, only recalling toxic Stand ‘n Seal in August 2005.

But even after the August 2005 recall, Stand ‘n Seal was still endangering consumers.  For one thing, not all recalled cans of the product had been removed from Home Depot’s shelves.  The CPSC simply does not have the staff to insure that its recall orders are complied with.   But even more outrageous, Roanoke rushed a replacement version of Stand ‘n  Seal into stores that still included the same dangerous chemicals that had been making people sick.   The CPSC had taken the manufacturer’s word that the problems with Stand ‘n Seal had been eliminated in the new version, but that just wasn’t the case.  

The CPSC continued to receive reports that Stand ‘n Seal was still injuring people well after the recall.  But even now, the Commission’s recall notice states that cans of Stand ‘n Seal purchased after June 2005 are safe,  though that is clearly not true.  Finally, after scores of people were injured, and facing hundreds of lawsuits, Roanoke finally conceded earlier this year that the new version of Stand ‘n Seal was as dangerous as the first.  In March 2007, Roanoke – now BRTT - finally quit selling its defective Stand ‘n Seal product.  

For its part, the CPSC has said that Roanoke’s misinformation had prevented it from acting appropriately in regards to Stand ‘n Steal. Yet the CPSC has yet to levy fines or take other action to punish Roanoke for its actions.   

]]> http://www.yourlawyer.com/topics/overview/stand_n_seal Mon, 08 Oct 2007 00:00:00 -0700 http://www.yourlawyer.com/topics/overview/stand_n_seal Stand ‘n Seal Spray on Grout Sealer Stand ‘n Seal Spray on Grout Sealer, sold by Home Depot, was recalled in August 2005 after at least 80 people were injured while using the product.   At least two victims died of those injuries, the result of inhaling the hydrocarbon-based chemicals that were ingredients in Stand ‘n Seal.  Following the 2005 Stand ‘n Seal recall, the product’s manufacturer, BRTT, Inc., rushed a new version onto the market, but unfortunately the new Stand ‘n Seal still contained dangerous chemicals, and more consumers were injured. 

When BRTT introduced Stand ‘n Seal to the market in 2003, it was touted as a perfect product for do-it-yourselfers.  Instead of having to get down on their hands and knees to apply grout sealant to ceramic tile with a paintbrush, consumers could now simply spray the sealant from a can.   The can of Stand ‘n Seal included no warnings about inhalation hazards on  the products packaging, and in fact promised that once applied, any extra Stand ‘n Seal Spray would “evaporate harmlessly.”   As a result many consumers who purchased Stand ‘n Seal did not take any precautions against the product’s toxic fumes.

But Stand ‘n Seal was hazardous, and by 2005, BRTT, then known as Roanoke Suppliers, had received dozens of reports of people suffering from respiratory problems as a result of their exposure to the chemicals in Stand ‘n Seal.   Symptoms associated with the use of Stand ‘n Seal ranged from mild headaches and sinus problems to difficulty breathing.   Some victims were unable to move for a time after their exposure, and others reported terrifying instances of actually foaming at the mouth.   Many victims of Stand ‘n Seal exposure had to be hospitalized for days, and at least two died.  Many survivors still suffer from breathing problems as a result of their use of Stand ‘n Seal.

Once Roanoke became aware of the problems surrounding Stand ‘n Seal, it did not immediately notify the Consumer Products Safety Commission (CPSC) as is required by law.  In fact, Roanoke waited several weeks before informing the CPSC, and by then, the Commission had received reports of dangerous side effects from Stand ‘n Seal from several other sources.   In August 2005, the CPSC finally announced a recall of Stand ‘n Seal.  Unfortunately, that was not the end of the danger faced by consumers.

The CPSC took the manufacturer’s word that the problems with Stand ‘n Seal had been eliminated in a new version of the product.   But once it was distributed to Home Depot stores, customers were still complaining about respiratory problems associated with the use of Stand ‘n Seal.  As it turned out, Roanoke had re-supplied Home Depot stores nationwide with 50,000 cans of Stand ’n Seal that still contained the chemical implicated in the earlier illnesses. The only change was an additive to give the spray a stronger odor to signal to consumers that they should use the product in a ventilated area.

It was not until March 2007, that BRTT acknowledged the problems with the newer version of Stand ‘n Seal and Home Depot finally removed this dangerous product from the market entirely.  

Stand n' Seal Legal Help
If you or a loved one has been injured by Stand ‘n Seal, you may have valuable legal rights.  Please fill out the form at the right for a free case review by a qualified attorney.]]>