From Products Liability Law Daily, September 18, 2014

Retailer to pay a $2 million penalty for distributing recalled products

By Joe Bichl

The Consumer Product Safety Commission is reporting that retailer Meijer, Inc., of Grand Rapids, Michigan, has agreed to pay a civil penalty of $2 million to settle CPSC staff allegations that the company knowingly distributed some 1,692 recalled consumer products, contrary to federal law. Provisionally accepted by the Commission by a 5-0 vote, the settlement agreement resolves CPSC staff allegations that Meier knowingly sold and distributed 12 different recalled consumer products between April 2010 and April 2011.

CPSC charges. CPSC staff charged that Meijer distributed recalled products through a “reverse logistics” system that it operated with a third-party contractor. In addition, Meier was charged with receiving information about products handled by the contractor, but the company failed to take action to prevent distribution of recalled products.

Settlement agreement. Under the terms of the agreement, in addition to paying the $2 million, Meijer has agreed to maintain a reverse logistics compliance program designed to ensure that the retailer does not violate federal law in the future by distributing or selling recalled consumer products.

The recalled products include:

• Discovery Kids Animated Marine and Safari Lamps imported by Innovage LLC;

• SlingRider Baby Slings manufactured by Infantino;

• Hoover WindTunnel T-Series Bagless Upright Vacuum Cleaners with Cord Rewind Feature imported by Hoover Inc.;

• Fisher-Price Trikes and Tough Trikes toddler tricycles manufactured by Fisher-Price;

• Little People Wheelies Stand ‘n Play Rampways imported by Fisher Price;

• Ocean Wonders Kick & Crawl Aquariums imported by Fisher-Price;

• Bathtub Subs imported by Munchkin, Inc.;

• Refreshing Rings Infant Teethers/Rattles imported by Sassy;

• Touch Point Oscillating Ceramic Heater;

• Harmony High Chair manufactured by Graco Children’s Products;

• Random Orbit Sander manufactured by Black & Decker; and

• Box Fans manufactured by Lasko.

In agreeing to the settlement, Meijer neither admits nor denies CPSC’s charges. In addition, Meijer indicated it is not aware of any additional reported incidents or injuries associated with the recalled products.

Companies: Meijer, Inc.

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