Parker Waichman LLP

Perfect Fitness Reaches Settlement With CPSC Over Faulty Exercise Equipment

The U.S. Consumer Product Safety Commission (CPSC) just announced that Perfect Fitness, of Sausalito, California, agreed to a $425,000 civil penalty. The Commission provisionally accepted the settlement agreement in a unanimous 5-to-0 vote. The penalty agreement resolves staff allegations that Perfect Fitness knowingly failed to report to the Commission immediately, which is mandated under federal […]

The U.S. Consumer Product Safety Commission (CPSC) just announced that Perfect Fitness, of Sausalito, California, agreed to a $425,000 civil penalty. The Commission provisionally accepted the settlement agreement in a unanimous 5-to-0 vote.

The penalty agreement resolves staff allegations that Perfect Fitness knowingly failed to report to the Commission immediately, which is mandated under federal law, about a Perfect Pullup exercise equipment defect. The defect causes the handles of the Perfect Fitness equipment to break during use, which results in a fall hazard to consumers.

CPSC staff alleges that Perfect Fitness concluded in June 2008 that its exercise equipment was defective after it had conducted a retest of the handle design. The testing took place after the firm received a complaint and, according to the firm’s internal review, it saw an unusual number of product returns. Perfect Fitness redesigned the product to correct the defect in July 2008.

In agreeing to settle the matter, Perfect Fitness denies CPSC staff’s allegations that it knowingly violated the law.

CPSC staff alleges that Perfect Fitness was aware of at least 23 injuries linked to its defective product in March 2010 and that it followed up by posting a notice on its website to advise consumers they could receive replacement handles at no cost. CPSC staff also alleges that Perfect Fitness advised consumers that the original handles were “inferior” and could result in an “accident.”

The firm did not report the defect to CPSC until late that year in December 2010, at which time, CPSC staff alleges Perfect Fitness knew of at least 45 complaints of injury associated with the handles breaking and had received more than 2,000 requests for replacements.

In February 2011, the firm and CPSC announced a recall of about 7,000 Perfect Pullups. The original recall notice can be accessed on the CPSC website at: http://www.cpsc.gov/cpscpub/prerel/prhtml11/11136.html. At that time, the firm had also received 38 complaints of injuries that included bruises, strains, and sprains.

The defective, recalled Perfect Fitness exercise equipment sold for between $80 and $100 at sporting goods stores nationwide, on the firm’s website, on Amazon.com, and through direct television marketing from January 2008 through February 2011.

The Perfect Pullup, which was manufactured in China, is an adjustable height pull-up bar that is installed in a doorway with screw-in holders. The recalled handles have a rectangular shape, are silver colored with a red hook, and display the Perfect Pullup logo in white lettering across the top. The recalled models were manufactured between December 2007 and April 2008.

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

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value
robert greves
3 years ago
5 Star Reviews 150
Excellent service
Cris Valdueza
6 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value I have a claim with the 9/11 Victim Compensation Fund which Parker Waichman has guided me through. They have made the process easy and understandable. I would like to thank all the lawyers and paralegals for the kindness they have shown especially Christina Morace.
Dale Bosco
3 years ago

Why Choose Us to Help You?

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