Black & Decker Agrees to Pay $960K for CPSC Reporting Failure, Etc.
The Consumer Product Safety Commission announced on August 3, 2011 that Black & Decker Inc. of Towson, MD, has agreed to pay a civil penalty of $960,000. The penalty agreement, which has been provisionally accepted by CPSC, resolves staff allegations that Black & Decker knowingly1 failed to report several safety defects and hazards with the Grasshog XP trimmer/edger immediately, as required by federal law. Staff also alleges the firm withheld information requested by CPSC during the course of the investigation.
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Staff Alleges Company Knew of Defect but Failed to Report It Within 24 Hours
CPSC staff alleges Black & Decker knew, on or before May 2006, that the high-powered, electric Grasshog XP GH1000 trimmer/edger was defective and could cause harm, but failed to report this to CPSC. According to CPSC, companies must report to the agency 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 fails to comply with any consumer product safety rule or any other rule, regulation, standard or ban enforced by CPSC.
Says B & D Failed to Provide Complete Info on Defect Which Led CPSC to Close Case
In addition, CPSC staff alleges that Black & Decker failed to provide full information about defects with the Grasshog XP as requested in May 2006. Based on the incomplete information provided at that time, CPSC closed the case. The firm did not give CPSC staff full information about the extent of Grasshog XP defects or the mounting number of incidents and injuries until October 2006.
(CPSC explains that in July 2007, Black & Decker and CPSC announced the recall of about 200,000 Grasshog XP model GH1000 trimmer/edgers. By that time, there were more than 700 reports of incidents, including 58 injuries with the Grasshog XP. The trimmer/edgers’s spool, spool cap and pieces of trimmer string can come loose during use and become projectiles. This poses a serious laceration hazard to the user and to bystanders. The trimmer/edgers also can overheat and burn consumers. Black & Decker sold the Grasshog XP weed trimmers from November 2005 through spring 2007 for about $70.
The recall was re-announced in August 2009 with an additional 100 injuries reported. CPSC urges consumers with recalled Grasshog XP trimmer/edgers to contact Black & Decker for a free repair kit.)
Agreement Would Settle Allegations, Black & Decker Would Deny Knowing Violations
The settlement would resolve staff allegations and in agreeing to the settlement, Black & Decker (U.S.) Inc. would deny CPSC staff allegations that it knowingly violated the law.
1Under CPSC’s statute, the term "knowingly" means: (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.