Cybex Will Pay a Civil Penalty of $7.95 Million for Failing to Report Severe Injuries Connected to its Exercise Equipment
WASHINGTON, D.C. – According to a news release on benzinga.com and the U.S. Consumer Product Safety Commission (CPSC), it published an announcement that Cybex International, Inc agreed to pay a civil penalty of $7.95 million. The civil penalty and settlement resolved the CPSC’s accusations that Cybex did not immediately report to the CPSC, as mandated by law, that its Arm Curl and Smith Press Machines has “a defect or may create an unreasonable risk of serious injury.”
The CPSC accuses Cybex of concealing a weld defect on its Arm Curl Machines that may fatigue and fail, resulting in the handle separating suddenly and striking the user in the face. Cybex has received about 85 reports of issue, including several reports of severe injuries and at least one permanent vision loss report. The fitness equipment manufacturer was required to notify the CPSC immediately of this dangerous defect.
The CPSC also alleges that Cybex was aware of the risk and reported cases of the weight bar on the company’s Smith Press Machines falling on top of users, causing injury. So far, Cybex has received 27 reports of injuries caused by the defect with the Smith Press Machine, including injury reports of spinal fractures and paralysis. Cybex did not inform the CPSC promptly upon learning of the dangerous defect.
The Cybex Arm Curl Machines and Smith Press Machines have a history of safety recalls.
Cybex has agreed to pay $7.95 million in a civil penalty and to have an enhanced compliance program to assure the company remains compliant with the Consumer Product Safety Act (CPSA). Cybex is also required to maintain a system of procedures and internal controls to ensure the company provides the information that is required to be disclosed to the Commission according to applicable laws.
The penalty agreement has been accepted provisionally by the Commission by a 3-0-1 vote. Acting Chairman Adler and Commissioners Kaye and Baiocco voted to accept the settlement agreement and order provisionally. Commissioner Feldman did not vote on this matter and therefore is considered to have abstained.
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