Posts Tagged defective products

Be Amazing! Toys Recalls Monster Science and Super Star Science Colossal Water Balls Due to Serious Ingestion Hazard

1 August 2013

Be Amazing Toys

These soft and colorful water-absorbing polymer balls can be easily mistaken by a child for candy. When the marble-sized toy is ingested, it can expand inside a child’s body and cause intestinal obstructions, resulting in severe discomfort, vomiting, dehydration and could be life threatening. The toys do not show up on an x-ray and require surgery to be removed from the body.

This recall involves more than 15,000 marble-sized toys that absorb water and grow up to 400 times their original size. They were sold as Monster Science Colossal Water Balls (model #7255) and Super Star Science! Colossal Water Balls (model #7704). The government is aware of at least one incident with a similar water-absorbing polymer ball product in which an 8-month-old girl ingested the ball and it had to be surgically removed.

Parents and caregivers should always keep in mind how a product will appear to a child in a school or household setting. Many toys are bright and colorful, and even intentionally designed to resemble food or candy, inviting ingestion and choking injuries. If a toy, or one of its components, is small enough to be mouthed or swallowed, it should not be purchased for use in an environment with small children. Manufacturers and retailers of such toys must also pay more attention to safety issues associated with the marketing and sale of these items.

Sadly, many serious injuries and deaths have occurred over the years due to ingestion of small parts by oral-age children. Please be vigilant regarding not only the design of toys, but also the packaging and inserts with small parts warnings and instructions.

Toys and children’s products may be hazardous because of a defective design, or due to poor manufacturing, misleadingly advertised, inaccurate labels, or inadequate cautions or warnings. If you have questions about these issues, feel free to contact a personal injury lawyer at Swartz and Swartz PC at (617) 742-1900 or Toll Free at (800) 545-3732.

More than 4.8M Units of Potentially Dangerous Imported Products Discovered During Fiscal Year 2012 Government Screenings

29 July 2013

The U.S. Consumer Product Safety Commission (CPSC) ended fiscal year 2012 having stopped a total of about 4.8 million units of products that violated U.S. safety rules or were found to be hazardous during the fiscal year (October 2011 to September 2012). More than 18,000 different imported consumer products were screened, and about 1,500 of those products were found to be violations and were stopped from moving into the U.S. stream of commerce.

As in the previous fiscal quarters, children’s products with lead levels exceeding federal limits continued to make up the bulk of products stopped in the fourth quarter of 2012.  Toys and other articles with small parts that present a choking hazard for children younger than 3 years old and toys and child care articles with phthalate levels in excess of federal limits were also product categories with a high number of seizures.

Screening efforts intensified in 2008 with the creation of a government import surveillance division, and again in 2011 with the creation of the Office of Import Surveillance.

The Import Stoppage Report and the table of Violative Products Seized at the Port during 4th Quarter, FY 2012 are available at http://www.cpsc.gov/en/Newsroom/News-Releases/2013/More-than-48M-Units-of-Violative-Imported-Products-Kept-at-Bay-During-Fiscal-Year-2012/.

Toys and children’s products may be hazardous because of a defective design, or due to poor manufacturing, misleadingly advertised, inaccurate labels, or inadequate cautions or warnings. If you or a loved one has experienced personal injury as the result of using a defective product, speak with a personal injury lawyer at Swartz and Swartz PC to learn about the legal options available to you. Contact our Boston Law office – we are here to answer your questions and protect your legal rights. Call us at (617) 742-1900 or Toll Free at (800) 545-3732.

Nan Far Woodworking Recalls Rockland Furniture Round Cribs Due to Entrapment, Suffocation and Fall Hazards

26 July 2013

Nan Far Round Crib 800

This recall involves about 3,900 Rockland Furniture round cribs with model number 343-8314. The crib’s drop-side rails can malfunction, detach or otherwise fail. When this happens, the drop-side rail can fall out of position and create a space where an infant or toddler can become wedged or entrapped, posing a risk of strangulation or suffocation. A child can also fall out of the crib. In addition, drop-side related incidents can also occur due to incorrect assembly and with age-related wear and tear.

The cribs were sold exclusively at JC Penney stores and online at jcpenney.com from January 2005 to December 2008.

While proper labeling, recalls and regulations are important for safety of children’s products, manufacturers have a responsibility to ensure only safe products reach the marketplace, avoiding the potential to cause catastrophic injury. The millions of dangerous cribs flooding retail store shelves before their hazards are identified highlight the inadequacy of current safety protocols. There is simply no excuse for companies to sell dangerous cribs to consumers. The burden must be on manufacturers and retailers, not consumers, to identify hazards before their products enter the channels of commerce.

If you or a loved one has experienced personal injury as the result of using a defective product, speak with a personal injury lawyer at Swartz and Swartz PC to learn about the legal options available to you. Contact our Boston Law office – we are here to answer your questions and protect your legal rights. Call us at (617) 742-1900 or Toll Free at (800) 545-3732.

Krankcycle by Matrix with Detachable Seat Recalled Due to Fall Hazard

26 July 2013

KRANKcycleLARGEThis recall involves about 2,200 Johnny G. Krankcycles by Matrix with detachable seats that can be removed from the frame by lifting up on the seat. The Krankcycles have handles that the user turns in a circular motion for cardio exercise. Consumers can use the machine in a seated or standing position. The Krankcycles measure about 57 inches tall by 27 inches wide by 42 inches long. They are black and silver-colored. KRANKcycle and Matrix are printed on the machines.

The seat can unexpectedly detach from the Krankcycle’s frame during use, posing a fall hazard to users. At least two injuries from falls when the seat detached have been reported, including one report of broken ribs and one report of a back injury requiring surgery.

The bikes were sold by Johnson Health Tech to consumers, health clubs, military facilities, physical therapists, public parks facilities nationwide and they were also sold on various websites, including www.bike-on.com, from January 2008 through January 2012.

If you or a family member have suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

Nap Nanny and Chill Infant Recliners Recalled by Baby Matters LLC After Five Infant Deaths

20 June 2013

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Baby Matters LLC of Berwyn, Pa., announced the recall of all models of its Nap Nanny and Nap Nanny Chill infant recliners and covers. This recall is announced as part of the settlement of an administrative case filed by CPSC in December 2012, which sought a mandatory recall of the Nap Nanny and Chill products.

From 2009 to the present, the Commission staff has received at least 92 incident reports involving the Nap Nanny and Nap Nanny Chill products, including five infant deaths. CPSC is aware of four infants who died in Nap Nanny Generation Two recliners and a fifth death involved in the Chill model. In the incident reports received by CPSC, there were 92 reports of infants hanging or falling over the side of the products, including some infants who were restrained in the product’s harness.

Consumers should immediately stop use of all Nap Nanny and Nap Nanny Chill recliners.  In December 2012, four major retailers-Amazon.com, Buy Buy Baby, Diapers.com, and Toys R Us/Babies R Us-announced a voluntary recall of Nap Nanny and Chill models sold in their stores.

About 165,000 of the Nap Nanny and Chill products were sold between 2009 and 2012 for about $130. The recalled products were sold at toy and children’s retail stores nationwide and online.

In December 2012, CPSC staff filed an administrative complaint against Baby Matters LLC seeking a recall of the Nap Nanny and Nap Nanny Chill infant recliners.  CPSC staff and Baby Matters LLC reached a settlement agreement that includes the recall announced today and ends the legal proceeding against the firm.

The settlement resolves CPSC staff’s allegations that the Nap Nanny and Chill products create a substantial product hazard. CPSC alleged that the products contain a design defect, their use presents a risk of injury to infants, and the instructions and warnings are inadequate.

At any point during the design and manufacturing process, a manufacturer’s failure to address safety issues associated with its products may contribute to a product’s hazards. Such efforts are of critical importance for devices that are intended for infants and small children, and are expected to be safe for all foreseeable uses.

Country Life Recalls Target-Mins Iron Supplement Bottles Due to Lack of Child-Resistant Packaging

7 June 2013

This recall involves Country Life Target-Mins 25 mg iron supplements bottles. The bottle is brown with a black top and has a white label with a yellow banner at the top and a green banner at the bottom. The words “IRON,” “Country Life” and “90 tablets” are printed on the label. Bar code 015794024927 and Lot Number 13A866B are printed on the far left side of the front label. The packaging is not child-resistant as required by the Poison Prevention Packaging Act. The supplement tablets inside the bottle contain iron, which can cause serious injury or death to young children if multiple tablets are ingested at once.

These supplements were sold at: New Seasons, Sprouts Farmers Market, Vitamin Cottage, Whole Foods Market and other natural food stores nationwide from January 2013 to May 2013 for about $10.

Manufacturer: Country Life LLC, of Hauppauge, New York Manufactured in: USA

Manufacturers have a responsibility to adhere to existing federal standards regarding safety packaging and labeling, which are designed to protect consumers. Contact us if you have questions about or concerns about injuries caused by defective packaging. To speak with an attorney, you can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732.

Philips Recalls Metal Halide Lamps Due to Fire, Laceration Hazards

7 June 2013

These metal halide lamps have internal wiring which can arc, causing the lamp to catch fire or the glass to shatter. This poses fire and laceration hazards.

The recalled items are egg-shaped, clear glass, 150-watt industrial metal halide lamps. They are about five inches long and have a medium base. Recalled lamps were manufactured between November 2012 and March 2013. “Philips,” “150W” “ALTO M142/0,” “Hg,” “USA 3A-1” and “MHC150/U/MP/4K” are stamped on the lamp. Each lamp comes in a protective cardboard sleeve. The Philips logo appears at the top of the protective sleeve on all sides. “MasterColor,” “Ceramic Metal Halide ED-17 Protected,” “Hg-Lamp Contains Mercury” are on the side of the sleeve. “MHC150/U/MP/4K ALTO” and Universal Product Code (UPC) “46677 37724” are on a label on the side of the sleeve.

If you or a family member have suffered significant burn injuries as the result of a fire, or if a loved one has suffered a wrongful death  or other damages as the result of burn injuries, please contact one of our personal injury attorney at Swartz & Swartz, P.C.. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

IKEA Recalls LYDA Jumbo Coffee and Tea Cups Due To a Burn Hazard

7 June 2013

This recall involves 220,000 (worldwide) of IKEA’s LYDA jumbo coffee and tea cups. The cups can break when hot liquid is poured into them, posing a burn hazard. There have been 20 incidents reported worldwide, including 10 scalding injuries.

The 20-ounce cups are four inches tall and are white with a pink rose and green leaves.  Printed on the bottom of the cup is the following information:  Model number 302.033.7; Supplier number 10866; the IKEA logo; the words “IKEA of Sweden Design and Quality,” and “Made in Thailand.”

If you or a family member have suffered significant burn injuries as the result of using a defective product, please contact one of our personal injury attorney at Swartz & Swartz, P.C.. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights

President of LM Import-Export Sentenced Prison and Fined for Importing Banned Children’s Products

6 June 2013

Florida Federal District Court Judge Kathleen M. Williams issued a significant sentenced Hung Lam, President of LM Import-Export Inc., to 22 months incarceration in federal prison, three years of supervised release and a $10,000 fine for pleading guilty to conspiracy to traffic and smuggle in banned children’s products that contained lead and small parts. Mr. Lam’s actions were deemed to have violated federal laws enforced by the U.S. Consumer Product Safety Commission (CPSC).  Mr. Lam was also convicted of one count of trafficking in counterfeit goods.

From about April 2000 through May 2011, defendant Lam and his related corporations LM Import-Export Inc., Lam’s Investment Corp., and LK Toys Corporation, conspired to sell and distribute in commerce banned children’s products imported from China.  These actions were in violation of the Consumer Product Safety Act and the Federal Hazardous Substances Act.  These products allegedly presented the risk of choking, aspiration, and ingestion, and some contained lead above the federal limits.

The dangers of catastrophic injury that these products can cause are severe, and manufacturers who ignore laws in place to help ensure safety of our children must be held accountable. Efforts by our courts and government in this regard are to be applauded.

Crib Bumpers Recalled Due To Entanglement Hazard

30 May 2013

The Consumer Product Safety Commission (CPSC) has recalled the Pottery Barn Kids Sweet Lambie Bumpers manufactured from April 2009 through July 2012. The manufacturer has received two reports of the decorative stitching coming loose and entangling children, including reports of the thread wrapping around a child’s neck.

The cotton bumpers are padded and fit standard cribs. Lambs in grass and lambs with trees are embroidered on the interior and exterior of the bumpers. They were available in the colors pink, blue and ivory/oatmeal. Model number “708859,” “708917” or “7988348” and “Sweet Lambie Bumper” appear on a tag fastened to the bottom edge of the bumpers. The date of manufacture in MM/YYYY format is printed on a tag attached to the bumper near the model number tag.

The government is advising consumers to immediately check the tag on the bumper for the month and year of manufacture and stop using the bumper if the date is 04/2009 through 07/2012.

At any point during the design and manufacturing process, failures regarding safety issues associated with children’s crib accessories and other children’s products may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or failure to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and even wrongful death once the product reaches homes, schools and workplaces of consumers.

If you or a family member have suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

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