Fresno Personal Injury Lawyer - Defective & Dangerous Products

Consumer Product Safety Commission Sued Over Unsafe Chemicals in Toys

David Rowell — Sat, 06 Dec 2008 16:43:59 GMT

Two consumer groups, the Natural Resouces Defense Council and Public Citizen, have filed a lawsuit against the Consumer Product Safety Commision, claiming that the CSPC is not correctly implementing a Congressional ban on phthalates in children's products.

Phthalates, which studies have shown can harm early childhood development, are added to hard plastics to make them more flexible. Congress banned the use of phthalates in children's toys and child-care products as part of a major overhaul of consumer product safety regulations in August.

The ban takes effect starting on February 10, 2009. Based on the way the CPSC intends to apply the rule, manufacturers will be able to stockpile toys and child care products with the banned phthalates right up to the date of the ban, and then sell them to consumers long after the ban was supposed to go into effect. With millions of plastic toys containing phthalates already in warehouses and on shelves, that's good news for manufacturers, but bad news for consumers.

The two consumer groups are asking for an order making the ban retroactive; that is, applying the ban to all products. David Arkush of Public Citizen says of the ban "selling millions of toxic toys to kids is not the way to dispose of them . . . ." Congressional hearings are scheduled on this question, maybe as early as next week, and some members of Congress have already said that the CSPC is not carrying out the ban the way Contress intended.

Originally posted at InjuryBoard by David Rowell

Consumer Safety Recalls for 2008 Set New Record

David Rowell — Wed, 03 Dec 2008 11:14:12 GMT

A report issued by Consumers Union on December 2 contains troubling news for consumers, expecially parents. CU's report, title "Still Not Safe," notes that 2008 set a new record for recalls by the U.S. Consumer Product Safety Commission,563 for 2008, up from 473 in 2007. According to the report, that equals more than 43 million products recalled between October 1, 2007 and September 30, 2008 (CSPC's product year). And, equally troubling, "nearly 97 percent of all recalled products were foregn made; 81 percent came from China."

As noted by CU, recalls are not the answer; CSPC, even with new authority and new, tougher standards, simply lacks the ability to effectively police the market. The HUGE numbers of products sold, and CSPC's limited budget and staff, make reliance on recalls too dangerous for consumers. Recalls, remember, only target products already in the stream of commerce, products already in our homes and in our children's hands.

The real solution is prevention, ensureing that toy makers and suppliers adequately inspect and test their products before they enter the market, to ensure that only safe toys reach our children. Until then, especially during these difficult economic times, parents need to be especially vigilant; be careful and check the CSPC recall site to make sure the toy you're buying for Christmas has not been recalled.

Originally posted at InjuryBoard by David Rowell

Dangerous Toys Recalled by CPSC

David Rowell — Sun, 16 Nov 2008 07:28:00 GMT

The Consumer Product Safety Commission has issued a recall of "Swim 'N Score Dive Sticks." The toys, sold by Modell's Sporting Goods stores nationwide, are about 8" long and come in packs of 6 in various colors. The toys consist of weighted plastic tubes which stand upright when thrown into water. They pose a risk to children who might fall or land on the sticks in shallow water and suffer impalement or injury to eye or face.

The CPSC, which monitors and recalls dangerous and defective products, has banned these types of dive sticks silnce April 2001.

The CPSC advised consumers to return the product to any Modell's Sporting Goods for a rul lrefund. For more help, consumers should contact Modell's at 800-275-6633, or visit Modell's online at www.modells.com.

Originally posted at InjuryBoard by David Rowell

FDA to Update Food Safety Rules

David Rowell — Fri, 14 Nov 2008 16:00:02 GMT

Dismayed consumers saw story after story break in 2008 about food safety and the FDA's struggle to cope with domestic and foreign food contaminants: Salmonella, Listeria, Clostridium and other bacterial contaminants in food, lead in the wrappers of imported Mexican candy, melamine in cookies and other products produced in China. The list goes on and on; the FDA's "Recalls, Market Witdrawals and Safety Alerts Archive" lists over 275 incidents during 2008, many for food contaminats.

Numerous causes for the problem have been identified: the expanded scope of FDA's duties, the lack of any meaninful increase in FDA's inspection budget, the increase in the quantity of imported food and the absence of any meaningful update to FDA's "good manufacturing" standards.

Whatever the cause, consumers have been demanding solutions and, apparently, the FDA has heard. The FDA has announced that it will update current food processing safety rules in order to increase the level of protection. The FDA plans a survey of almost 3000 food processing plants, targeting what the FDA says are five key areas: employee training, sanitation and personal hygiene, allergen controls, process controls, and recordkeeping.

It's none too soon for the FDA to address this critical issue.

Originally posted at InjuryBoard by David Rowell

Salmonella Danger from Dry Pet Food

David Rowell — Wed, 12 Nov 2008 11:10:58 GMT

The latest data from the Centers for Disease Control and Prevention shows that, despite reports and recalls in 2007, eight new cases of Salmonella poisoning in humans from contaminated pet food were identified in 2008.

Salmonella, as many people know by now, is a microorganism, a "germ," that can infect food products. When humans eat the contaminated food, they can get sick; in some cases, very sick. Symptoms can be flu-like, including bloody diarrhea. The most common victims are young children, who may handle dry pet food or put dry pet food in their mouths.

According to the CDC, it identified 79 cases, mostly children, of Salmonella poisoning in 2006-2007, in 21 stataes. All the cases were linked to dry pet food produced by one manufacturer, Mars Petcare US, in a plant in Everson, Pennsylvania. Although the manufacturer closed the plant in 2007 to clean and disinfect, these new cases, linked to the same plant, have resulted in the facility's permanent closure.

In 2007 the manufacturer recalled all petfood suspected to be contaminated with Salmonella. In September 2008, following the latest cases, another recall was conducted, involving approximately 23,109 tons of dry pet food, representing 105 brands. However, since not all supplies were returned and, since dry pet food has a shelf life of 1 year, the CDC says stocks could still be in homes, creating a danger to consumers. The CDC requests that consumers who have these products discard them or return them to the place of purchase.

Originally posted at InjuryBoard by David Rowell

ATV Deaths

David Rowell — Fri, 13 Jun 2008 08:00:00 GMT

Despite recent improvements in safety, ATVs remain some of the most dangerous products available to consumers. An incident today illustrate that danger: a 67 year-old San Andreas resident was killed in an ATV incident on private property; his ATV rolled backwards on top of him as he attempted to climb a steep hill.

This sad incident is only the tip of the iceberg, however. The Consumer Products Safety Commission's ATV safety website, ATVSafety.gov, reports over 555 deaths in 1996, the latest year for which figures are available. In addition to the deaths, says CPSC, another 146,000 people were treated in Emergency Departments for ATV injuries.Moreover, "Government safety officials expect the number to go much higher as they receive information from coroners and hospitals nationwide."

Problems with reporting have tended to hide the severity of the danger; in the last year alone the CPSC added almost 200 deaths to the number reported for 2005, bringing that number to 666. The CPSC estimates 870 deaths for 2005, and even more for 2007 and 2008.

Responsibility for this tragedy is not clear. The ATV industry says they are doing everything they can to make the products safe and to protect consumers. Rachel Weintraub, Director of Product Safety for the Consumer Federation of America, disagrees; "instead of working to keep children off adult-size ATVs and creating meaningful standards to decrease ATV hazards, the ATV industry has been prioritizing the protection of their economic interest and seeking to shift the blame from their vehicles to the riders."

Consumers wanting to know more should check the CPSC website ATVSAfety.gov, which has a list of safety tips and safety messages.

Originally posted at InjuryBoard by David Rowell

Mother Sues Nalgene Over Chemical in Plastic Containers

Jenny Albano — Fri, 25 Apr 2008 18:15:19 GMT

A mother is suing Nalgene over the use of the chemical Bisphenol A, or BPA, in its plastic containers.

Nalgene Inc. announced last week that it will phase out production of its containers that contain BPA over the next few months. The chemical is used to make polycarbonate plastic and epoxy resins.

Some studies have found that BPA is linked to hormone disruptions in rats, early puberty, and cancer. Government and industry officials continue to say that the chemical is safe when it is used in small doses. Some consumer groups are insisting that the FDA re-investigate the chemical.

The lawsuit was filed brought by California mother Lani Felix-Lozano, who said she bought the company's reusable beverage containers for herself and her two daughters, now ages 11 and 13, for several years, Reuters reports. It charges that Nalgene continued using the chemical in its containers long after studies linked it to health risks.

The lawsuit did not mention any health problems with Felix-Lozano or her children and seeks unspecified damages.

Originally posted at InjuryBoard by Jenny Albano

Defective Products Tested for Lead by County

David Rowell — Wed, 24 Oct 2007 16:09:15 GMT

Most consumers are aware of the tidal wave of toys and other defective products containing excessive levels of lead that have been offered to American consumers lately. As noted in a recent report

Recently recalled toys from China include 675,000 Mattel Barbie accessories, 49,000 Disney Deluxe Winnie-the-Pooh play sets and about a million Fisher-Price character toys such as Elmo and Dora the Explorer, according to the U.S. Consumer Product Safety Commission

Consumers, especially parents, are rightly concerned and, at least in Tulare County, public health officials are doing something to help. Tulare County officials were at various clinics in Visalia on Wednesday, testing toys and other products for lead. Citing concerns over the accuracy of the test kits, Fresno County officials declined to participate. Concerned parents should contact the Consumer Products Safety Commission for more information.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by David Rowell

Hannah Montana Boots Recalled for "Trip and Fall" Risk

David Rowell — Sun, 21 Oct 2007 07:19:58 GMT

Payless ShoeSource, Inc. has announced the recall of about 90,000 girls' boots, made in China, because of a risk of injury due to "slip and fall" accidents. The jeweled, "Hannah Montana" engraved boots have guitar-shapped zipper pulls, which can get caught on each other as the child walks, causing the child to trip. Payless has received reports of five instances of children tripping due to this issue, although no serious injuries have been reported. The boots were sold from August through September 2007 at Payless ShoeSource stores nationwide, and at Payless.com. Consumers are advised to contact Payless or the Consumer Products Safety Commission for more information, and to return the boots to Payless for a refund or exchange.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by David Rowell

Injured Students Sue Isuzu Over Defective Design

David Rowell — Sat, 20 Oct 2007 07:07:30 GMT

Tyhler Carron and Nikko Landeros are students at Berthoud High School. The two boys, both 18, were on their school's wrestling team. On January 15 thery were on their way home in Carron's Isuzu Trooper, Carron was driving, when their vehicle got a flat tire. Carron pulled over to change the flat, and he and Landeros got out. They went to the back of the car and opened the rear doors to get the jack and other tools. That's when Michelle Berra, a classmate, drove into the back of Carron's car, pinning Carron and Landeros between the two vehicles.

Carron and Landeros both lost their legs in the crash.

They've filed a lawsuit against Isuzu, claiming that Carron's 1999 Trooper was a "defective product," that it was "unreasonably dangerous," and that the defect was the cause of the accident. More simply, Carron and Landeros claim that the Trooper was designed so that, when the rear doors were open, other drivers could not see its rear lights and reflectors. This is why, they claim, Berra didn't see them and why they lost their legs.

The lawsuit does not state the amount of damages they are asking Isuzu to pay.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by David Rowell