Hunton Retail Law Resource

Last month, the CPSC and three affiliated retailers issued a joint warning to consumers after the retailers discovered they sold nearly 1,200 units of 19 previously recalled consumer products between 2014 and 2019. The range of products at issue varied, including infant sleepers, scarves, portable speakers, barstools, children’s cardigan sets, hoverboards, beer mugs, coffee presses and infant rattles. It remains to be seen whether any further CPSC action, such as a civil penalty or a requirement to implement stronger recall systems and protocols, will be taken with respect to these three retailers.

Over the past two years, furniture tip-overs have been well-publicized problems for the furniture injury. The CPSC recently issued a somber update on these problems. Between 2000 and 2018, there were 459 reported tip-over-related deaths involving children 17 years old and younger, with 93% of those deaths involving children under six years old. In more than half (55%) of these, the child was crushed by the weight of the television, furniture or appliance. These statistics suggest the dangers posed by furniture tip-overs will remain a focus area of the CPSC.

Two additional updates from the last Recall Roundup blog post are noteworthy. First, the CPSC previously issued guidance urging consumers not to use inclined infant sleep products after reports emerged of infant deaths. Several major U.S. retailers responded this month by pulling all infant sleep products—including those that are not currently subject to a recall—from store shelves and websites. Second, the CPSC updated its warning about liquid nicotine commonly used in e-cigarettes. The updated warning states that “[w]e are particularly concerned about reports that some stores are selling noncompliant products at a large discount, thereby implicitly acknowledging that they know that they are engaged in selling illegal products.” The updated warning reminds retailers that the sale of noncompliant products can lead to the imposition of civil penalties up to $16M.

Total Recalls: 17

Hazards: Fire/Burn/Shock (5); Fall (1); Injury (3); Laceration (1); Strangulation (1); Violation of Federal Standard (4); Impact (1); Projectile (1)