The Consumer Product Safety Commission
The Consumer Product Safety Commission (CPSC) “is an independent federal regulatory agency that was created in 1972 by Congress in the Consumer Product Safety Act … to protect the public against unreasonable risks of injuries and deaths associated with consumer products.” (CPSC.gov)
CPSC Recalls
Recalling products that are already on the market is a long, complicated process that can put more consumers than necessary at risk. Unless a company comes forward and alerts the CPSC that their product is defective or dangerous, the CPSC must abide by a regulation referred to as 6(b). That could change if Congress supports a rule update put forward by the CPSC.
Product Recall Procedures
Regulation 6(b) requires the CPSC to give the product manufacturer at least 15 days to make a statement to the public before revealing the name of the product. However, waiting 15 days after notifying the responsible company gives the company enough time to prevent the CPSC from revealing the dangerous product by filing a lawsuit (USA Today). Unfortunately, this recent push to change the law to allow the CPSC to act immediately is not the first.
In 2021, the Sunshine in Product Safety Act was introduced to Congress. Its goal was to repeal 6(b). This would immediately allow the CPSC to disclose information about a defective product and reveal the product’s manufacturer (Congress.gov). The Sunshine in Product Safety Act has not seen much discussion since its introduction. Therefore, the rules that the CPSC must follow remain unchanged since their adoption in 1983 (USA Today). While the product is allowed to remain on the market, consumers are unaware that they could be buying and using something that’s hazardous.
Even after an initial recall, it can take time to remove the dangerous products from shelves. Some of the products have already been bought and brought into the homes of consumers. The earlier a warning the public has, the better for everyone’s safety. One can only hope that Congress grants this rule change before more preventable injuries occur.
Some examples of dangerous products that took too long to be recalled:
- EzriCare and Delsam Pharma lubricant eye drops
- Fisher Price Rock N Play Sleeper
- Peloton treadmill.
EzriCare and Delsam Pharma Lubricant Eye Drops
There was a large recall of lubricant eye drops manufactured by EzriCare and Delsam Pharma in February, 2023.
Pseudomonas Aeruginosa in Eye Drops
Some of the recalled eye drops contained a drug-resistant bacteria called Pseudomonas aeruginosa. This bacteria caused infections in 55 people across 12 states. According to Buzzfeed News, “at least five people who used the drops had permanent vision loss as a result of cornea infections, and one person died when the infection spread into their bloodstream” (Buzzfeed News).
Despite knowing about the dangerous product since May of 2022, the Center for Disease Control (CDC) only released a health alert. The products were only recalled on February 1, 2023 (CDC).
Contaminated Eye Drops
Over the course of nine months, 55 people were infected by these contaminated eye drops while the CDC gathered information about which brand victims had used (CDC). If the CPSC was allowed to warn the public earlier about the dangers of using these eye drops, perhaps some of these dangerous infections could have been prevented.
Symptoms of Pseudomonas aeruginosa
Symptoms associated with this bacteria:
- Discharge from the eye
- Blurry vision
- Increased sensitivity to light
- Redness of the eye or eyelid
- Eye pain or discomfort
- The feeling of something in the eye
Some patients also experienced inflammation of the cornea, infection of the tissues and fluids in the eye, respiratory infection, urinary tract infection, and sepsis (Buzzfeed News).
The Fisher Price Rock n Play Sleeper
Before the recall finally took place on April 12, 2019, more than 30 infants had died “after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances.” (Service.Mattel.com)
The Peloton Treadmill
Before Peloton notified CPSC, a child had died, and “several consumers reported broken bones, lacerations, friction burns and pets…getting pulled under the treadmill.” (USAToday.com)
Entrapments reportedly took place between December 2018 and 2019. However, the recall did not actually take place until May 5, 2021.
You can sign up to receive recall alerts from the Consumer Product Safety Commission by visiting their website.
Contact David L. Hood, your South Carolina defective product attorney
If you or a loved one has been injured by a recalled or defective product, schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form.
We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, if we think we can help you and your family, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!
*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.
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