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Category: Consumer Law

Lacerations Spur Black & Decker and Craftsman Lawnmower Recall

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Decker and Craftsman Lawnmower Recall

The CPSC is announcing a recall on Black & Decker and Craftsman brand cordless electric lawnmowers. These mowers, which were previously recalled in 2002 and 2006, may still pose a danger when in operation.

The 2002 recall, which was expanded in 2006, was announced after Black & Decker and the CPSC received numerous reports of the cordless lawn mowers’ engine overheating and causing a fire hazard. This time, 160,000 Black & Decker and Craftsman brand cordless lawnmowers are being recalled because the mower’s motor and blade can unexpectedly turn on after the mower’s safety key is removed, posing a laceration hazard to consumers. Black & Decker has received 34 reports of the motor operating after removal of the safety key, including two incidents that resulted in finger lacerations.

The recalled cordless electric mowers were sold in home centers, hardware and discount stores under both the Black & Decker and Craftsman brand names. The recalled Black & Decker mowers have model number CMM1000 or CMM1000R. All date codes and types are included in the recall. The date code and type information are both located on a silver and black label affixed to the rear door of the mower.

The Black & Decker mowers have either an orange or green deck with a black motor cover. The Craftsman-brand mowers have model number 900.370520 and the recall include all date codes and types. The model number is located on the silver and black label affixed to the rear door of the mower. The Craftsman-brand mowers have a dark green deck with a black motor cover.

The CPSC is urging customers to stop using the recalled lawnmowers immediately.

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View & Leave Comments Infant Death Prompts Recall of Baby Matters Nap Nanny

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Infant Death Prompts Recall of Baby Matters Nap Nanny

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, of Berwyn, Pa., is announcing the voluntary recall of 30,000 Nap Nanny® portable baby recliners. CPSC is investigating a report of a 4-month-old girl from Royal Oak, Mich. who died in a Nap Nanny that was being used in a crib. According to preliminary reports, the infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny and the crib bumper.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib, contrary to the product instructions. In that incident, the infant fell over the side of the Nap Nanny, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

CPSC and the firm have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny despite most of the infants being placed in the harness. One infant received a bruise as a result of hanging over the side of the product.

Infants can partially fall or hang over the side of the Nap Nanny even while the harness is in use. This situation can be worse if the Velcro straps, located inside the Nap Nanny cover are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny that was sold without “D”-rings.

Infant Death Prompts Recall of Baby Matters Nap Nanny

In addition, if the Nap Nanny is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny and become entrapped between the crib side and the Nap Nanny and suffocate.

Likewise, if the Nap Nanny is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. Consumers should always use the Nap Nanny on the floor away from any other products.

The Nap Nanny is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny can be identified by the absence of “D”-rings in the foam base. In second generation models, the harness system has “D”-rings in the foam base and Velcro straps inside the fitted fabric cover.

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FDA Should Follow Report’s Call for Proactive Approach to Food Safety

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Proactive Approach to Food Safety

Alexandria, LA (PRWEB) — The U.S. Food and Drug Administration should adopt a proactive approach to food safety such as the one outlined in a new report by the Institute of Medicine and National Research Council, says Louisiana food safety advocate Richard J. Arsenault.

The 500-page report, requested by Congress 18 months ago after a rash of foodborne illness outbreaks, states that the FDA’s current “reactive” model makes inefficient use of its limited resources and relies on a case-by-case approach to gathering and using information on risks.

By switching to a “risk-based” approach outlined in the report, the FDA could better identify problems in the food supply and distribution chain, efficiently direct resources to high-risk areas and catch problems before they turn into widespread outbreaks, the report says.

“More than 300,000 people need to be hospitalized and over 5,000 people die from foodborne illness in America every year, and that number of victims is unacceptable when many of these illnesses could have been prevented,” says Arsenault, whose firm, Alexandria-based Arsenault, has represented hundreds of foodborne illness victims throughout Louisiana and across the country.

“The IOM report, for the most part, sets out a vision for how local, state and federal officials can work together to catch problems before they spread and harm innocent consumers, and I think Congress and the FDA should give serious consideration to its recommendations,” Arsenault says. “It’s not a perfect plan, but it serves as a good blueprint.”

The FDA is charged with ensuring the safety of approximately 80 percent of the nation’s food supply, including seafood, fruits, vegetables and dairy products. The federal agency shares food safety responsibility with the U.S. Department of Agriculture, which oversees meat, poultry and egg products, as well as state and local agencies, which inspect food production facilities.

According to the IOM report, the FDA needs to adopt a system that would increase coordination with those other agencies, and it needs more authority to carry out its mission through amendments to the federal Food, Drug and Cosmetic Act – much of which is currently contained in proposed legislation before the Senate.

Proactive Approach to Food Safety

The report calls for establishing a centralized food safety data center that would collect information, quickly assess risks and take steps to address food safety problems without competing with other agencies for resources.

To enhance its efficiency, the FDA could also delegate food facility inspections to states and establish national standards for the intensity and frequency of those reviews, the report says.

According to the report, this change would build on current practices in which roughly 60 percent of inspections are already conducted by state inspectors, and it would increase the quality of inspections and avoid duplication of efforts.

The report also asks Congress to consider legislation that would specify the FDA’s authority in facility registration, preventive controls, risk-based inspection, mandatory recall, reporting of adulteration and banning of certain food imports if the public’s health is at risk.

“What is significant to me about this report is that a committee of experts has clearly stated that our current food safety system is inadequate and in dire need of change,” Arsenault says. “Improvements need to be made.”

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