COMPANY SETTLES CLAIMS RELATED TO PROPER REPORTING OF HARMFUL PRODUCT

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 31, 2014
Manufacturer Fiskars Brands Inc. Agrees to Pay $2.6 Million Civil Penalty for Delay in Reporting “Gator Combo Axe” Safety Hazard

The Department of Justice has announced today that Gerber Legendary Blades, a division of Fiskars Brands Inc., of Madison, Wisconsin, has agreed to pay a civil penalty of $2.6 million to settle allegations that it knowingly failed to immediately report to the U.S. Consumer Product Safety Commission (CPSC) a safety hazard associated with Fiskars’ Gator Combo Axe.  Fiskars has also agreed to establish and maintain a compliance program with internal recordkeeping and monitoring systems to keep track of information about product safety hazards.  The settlement agreement is awaiting judicial approval.

“Fiskars received numerous reports from consumers who were harmed by this product,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “The company had an obligation to immediately report to the CPSC and it failed to do so.  We will take action against those who fail to abide by the law so that our partners at the CPSC can protect consumers from injuries.”

The Axe was a combination product that had a knife embedded in its handle that was supposed to be secured by two small magnets.  In a complaint filed on behalf of the CPSC in U.S. District Court for the District of Oregon, the United States alleged that Fiskars became aware that the knife in the Axe handle could and did dislodge from the Axe’s handle when the Axe was in use, causing serious injuries to consumers.  Fiskars imported approximately 103,000 Axes from Taiwan through its Gerber Legendary Blades division in Portland, and distributed those Axes to retail sporting good chains and stores throughout the United States.

“CPSC’s job is to protect consumers,” said Chairman Elliot F. Kaye. “The sooner a firm informs CPSC about incidents or injuries with defective products, the quicker we can act to protect the American public. Failure to report in a timely basis is not only illegal, it can endanger consumer safety. We will not tolerate such irresponsible and dangerous behavior.”

Under the Consumer Product Safety Act (CPSA), manufacturers, distributors and retailers are required to report product hazards to the CPSC.  A knowing violation of the CPSA subjects a firm to civil penalties.  The United States alleged that beginning as early as 2005 and continuing over the next several years, Fiskars received consumer complaints and warranty claims indicating that the knife fell out of the Axe handle while the Axe was being used to chop, pound or hammer.  In several instances, the knife dislodged from the handle during use and caused injuries including lacerations requiring stitches, permanent nerve damage and surgery to repair severed tendons.

“In this case, Fiskar's failure to report to the CPSC not only put consumers at risk, it contributed to people being injured as a result of the unsafe product design,” said U.S. Attorney S. Amanda Marshall for the District of Oregon.  “The settlement not only addresses the product safety issue, but also holds the company accountable and sends a message to others that these violations will be taken seriously.”

In March 2011, Gerber and the CPSC announced a voluntary recall of the Axe.  At that time, consumers were advised to remove the knife from the axe handle and contact Gerber to receive a free handle cap for holding the knife in the axe handle during transport and storage, instructions and a warning label.  Information on the recall can be found on the CSPC website.

The matter is being handled by Trial Attorney Roger Gural of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Neil J. Evans for the District of Oregon and Harriet Kerwin of the CPSC Office of the General Counsel.

In agreeing to settle this matter, Fiskars has not admitted that it knowingly violated the CPSA

U.S. EPA AND CONSUMER PRODUCT SAFETY COMMISION TO RESEARCH HEALTH IMPACTS OF NANOMATERIALS

Carbon nanotubes---a hot nanotechnology with many potential uses -- may find one of its quickest applications in the next generation of standards for optical power measurements, which are essential for laser systems used in manufacturing, medicine, communications, lithography, space-based sensors and other technologies. Credit: NASA

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA & Consumer Product Safety Commission Collaborate to Research Health Impacts of Nanomaterials

WASHINGTON, DC—The U.S. Environmental Protection Agency (EPA) and the U.S. Consumer Product Safety Commission (CPSC) are collaborating in a worldwide research effort to assess any potential impacts of nanomaterials on people’s health and the environment. Nanomaterials appear in many household products ranging from clothing to building materials. For example, one ongoing study evaluates the potential human and environmental effects from exposure to copper nanomaterials, an ingredient in wood treatment products used on wood for building decks and fences.


The emerging field of nanotechnology has led to substantial advances in energy, medicine, electronics, and clean technologies. The field relies on using materials at the nanoscale level, these nanomaterials are made up of very small particles, which are about 100,000 times smaller than the width of a human hair. Because of the unique properties of these materials, it is important to conduct research to identify methods that will allow manufacturers and other stakeholders to ensure that products containing these materials do not harm people or the environment.


"Nanotechnology and nanomaterials used in the development of these products improve our everyday lives, but it is important that we understand how humans are exposed to nanomaterials and to assess the risks they may pose to people’s health and the environment," said Dr. Tina Bahadori, national program director for EPA’s Chemical Safety for Sustainability Research. "This innovative research greatly improves what is known about nanomaterials and will inform the future design of more sustainable, effective nanomaterials."


"These tiny nanomaterials are widely used in products ranging from clothing to sunscreen, but the need for additional research and knowledge on how they affect consumers is great. The CPSC staff is working diligently to meet the challenges involved in regulating this emerging technology and is pleased to be collaborating with staff at EPA to develop test methods and exposure data to adequately address health and safety concerns" said Dr. Treye Thomas, program manager for the CPSC Nanotechnology program.

EPA's collaborative research with CSPC is part of a larger international effort that focuses on:

• Identifying, characterizing and quantifying the origins of nanomaterials

• Studying biological processes affected by nanomaterials that could influence risk

• Determining how nanomaterials interact with complex systems in the human body and the environment

• Involving industry to develop sustainable manufacturing processes

• Sharing knowledge through innovative online applications that allow for rapid feedback and accelerated research progress

CPSC, in working with other federal agencies, ensures that common public health concerns are met and will use research findings to inform:

• Protocol development to assess the potential release of nanomaterials from consumer products

• Credible rules for consumer product testing to evaluate exposure

• Determination of the potential public health impacts of nanomaterial used in consumer products

This research is a part of the U.S. government’s efforts to assess the potential risks of nanomaterials. These efforts are coordinated by the U.S. National Nanotechnology Initiative (NNI). NNI is a collaborative project comprised of 25 agencies, including EPA and CPSC.