Archive for the ‘Product Liability’ Category

ATVs: Dangerous for Children Under 16

Monday, August 23rd, 2010

According to the Consumer Product Safety Commission, in the U.S. during April 2010,  40 people were killed riding ATVs, 12 of them children under the age of 16. In May, 13 children died in ATV-related accidents. And in the past few weeks in Michigan alone, 5 children under the age of 14 have died or suffered severe injuries, while riding an ATV. Children and ATVs do not mix. This opinion is shared by the American Academy of Pediatrics and the American Academy of Orthopedic Surgeons, whose members each year treat thousands of children injured by ATVs. These doctors and consumer advocacy groups support legislation that would prohibit ATV use by unlicensed adolescents under the age of 16. Michigan law allows children under 16 to operate an ATV if they wear a helmet, have safety training and follow other rules. Yet studies show that helmets do not provide sufficient protection for young riders who suffer more severe injuries, longer hospital stays and more surgeries than if they have been riding a conventional bicycle. Studies also found that despite surviving an ATV-related accident, children return to riding ATVs with their safety behaviors unaltered. The findings of these studies reinforce the need for legislation to keep children under 16 off these dangerous vehicles. Although the case for new legislation about who can ride an ATV is strong, the ATV industry continues to fight against it, and has failed to heed the serious warnings of consumer advocacy groups. Instead, companies such as Yamaha, while aggressively marketing these dangerous vehicles to youngsters, avoid federal and state regulation by “doctoring” documents and publishing false statistics to show ATV deaths and injuries are declining, when in fact the opposite is true.  Legislation will help to save lives, but in the end,  the ATV industry must endeavor to produce safer vehicles and support regulations to protect children under 16. For more information, visit atvsafetynet.org.

Garage Sale Bargains May Pose Safety Risks

Sunday, August 15th, 2010

Summer is prime time for garage and rummage sales where families search for gently used furniture, household items and toys for kids of all ages. While searching for bargains, consumers should be aware of  safety issues involving products, particularly for infants and children, that may be sold at neighborhood garages sales.  Some products sold at these sales may have been subject to a recall because they pose a a risk of injury or even death to infants and children. The seller of the products may be unaware that the items they are offering for sale have been recalled by the Consumer Product Safety Commission (CPSC). Beware of hand-me-down bassinets, cribs or toys given to you by a friend or relative who may be unaware that an a crib or toy is subject to a recall. Before using an item you buy at a garage sales or one that has been given to you,  go to CPSC.org to determine the safety status of that item. Check out the CPSC’s “most wanted list”  of products, those that have caused death and/or injury. They include: Simplicity Bassinets and Cribs, Stork Craft and Delta Cribs, Magna Man Figures,  Kolcraft Play Yards, and Playschool Tool Benches, among others.

Toyota’s Great Cover-Up

Thursday, July 22nd, 2010

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports

Campbell Soup Recalls 15 Million Pounds of Spaghettios; ConAgra Foods Recalls Frozen Meals

Friday, June 18th, 2010

Check in your cupboards and freezers for the latest recalled foods to be certain you and your family do not become ill. The USDA announced two recalls yesterday involving three types of Spaghettios with Meatballs and  Marie Callender’s brand Cheesy Chicken and Rice frozen meals produced by ConAgra Foods. The frozen meals have been linked to a recent outbreak of salmonella affecting 29 people in 14 states. The Spaghettios were recalled due to underprocessing.  (6/17) USDA-1  (6/17) USDA -2

Bagged Lettuce Suspected Cause of E.Coli Outbreak

Tuesday, May 18th, 2010

As a followup to our recent post about several dozen people sickened by E.coli-contaminated lettuce, investigators have identified pre-cut romaine lettuce as the likely culprit. This outbreak is the latest in a number of food poisoning cases involving pre-shredded, green leafy vegetables. The romaine lettuce in question in the latest outbreak was sold to supermarkets and food service corporations for use in salad bars and “Grab ‘n Go” salads. Pre-cut lettuce and other produce processed in the field can come into contact with contaminants and bacteria from the soil, including E.coli, that cannot easily be removed. One expert, who avoids pre-lettuces, said: “…they’re starting it (processing) right out in the dirt. It’s a very hazardous practice.”  (5/18) Washington Post

Toyota Scrutinized By NHTSA for Steering Rod Defect

Tuesday, May 11th, 2010

Just a month after Toyota was fined $16.4 million for failing to file a timely notice to the National Highway Traffic Safety Administration about the “sticky pedal” defect, federal regulators have opened a separate investigation involving the steering systems in nearly one million Toyota SUV’s and pickup trucks. The rod, which connects the steering wheel to the wheels, can become weak and snap and cause drivers to lose control of their vehicles. Officials believe that Toyota knew about the defect one year before they issued a recall in 2005. A similar recall was issued in Japan in 2004. Automakers must notify NHTSA within five days of learning about safety defects in their vehicles. Toyota has attempted to explain away the problem by stating that U.S. drivers do not perform the number of close-quarters maneuvers required in Japan. Therefore, a U.S. recall was unnecessary, since the steering  rod would not be exposed to as much stress and would not likely snap. The NHTSA has linked the Toyota steering system defect to at least 15 crashes, 7 injuries and 3 deaths. (5/11) Washington Post

Lettuce Linked to E. Coli Outbreak

Friday, May 7th, 2010

At least 19 people have been sickened from eating romaine lettuce contaminated with E. coli: 3 of the individuals are being treated for life-threatening symptoms. The source of the tainted lettuce has been traced to a lettuce farm in Yuma, Arizona. The lettuces were sold in 23 states, including Michigan, under the Freshway and Imperial Sysco brands. Yesterday, Freshway Foods issued a recall of the lettuces after the Food and Drug Administration identified Freshway as the distributor. Grab and Go salads sold at Kroger and 4 other grocery stores are also included in the recall. E. coli infections can cause mild diarrhea or have more serious consequences, causing damage or bleeding in the the kidneys or brain. (5/7) Detroit Free Press

Sticky Pedal Problem Reported in Dodge Caliber

Tuesday, May 4th, 2010

The National Highway Traffic Safety Administration is investigating consumer complaints alleging their accelerator pedals stuck while they were driving their 2007 Dodge Calibers. According to Chrysler Corporation, about 10,000 vehicles may be affected by a mechanical problem “stemming from the manufacturing process at the supplier level.” The supplier is CTS Corporation, the same supplier of pedals involved in the 2.3 million Toyota vehicles recalled earlier this year. Unlike the recalled Toyota vehicles, the Dodge Caliber has a brake override system that allows a driver to stop if the accelerator pedal becomes stuck. (5/4) Detroit News

Tobacco Industry Creates Novel Products, Entices and Addicts Youth

Monday, April 19th, 2010

In response to declining cigarette use and a rise in smoke-free air laws, at least two tobacco companies are test-marketing dissolvable tobacco products: one resembles Tic Tac breath mints but contains finely ground tobacco with mint and cinnamon flavors added. A recent study states that these products lure youths into using tobacco, thus creating a whole new generation of tobacco users to replace those users who have died off. The potential for these products to poison children is very much a concern since these products look like candy. Only one “candy” pellet caused a child to become ill. The tobacco industry denies they are developing new methods of addicting children and adolescents and claim they are merely providing options to adult smokers. (4/18) NY Times

FDA Short on Staff, Resources - Food Inspections Down, Food Fraud Rising

Thursday, April 8th, 2010

The nation’s food supply is anything but safe. Between 2004-2008, the Food and Drug Administration (FDA) inspected fewer than half of the facilities that it regulates. Some government officials claim that inadequate staffing and lack of modern technology and tools is the reason for the FDA’s lax enforcement. (4/7) Washington Post

While the FDA struggles with limited resources to prevent food contamination, food fraud is becoming more widespread and could affect up to 7% of the nation’s food supply. Food suppliers and manufacturers are selling products to companies and consumers that are not what the products say they are on the labels. Food fraud involves items such as oil, spices, wine and spirits, even maple syrup, but bogus seafood products pose the greatest risk to consumers. (3/30) Washington Post