The U.S. Consumer Product Safety Commission (CPSC) announced that Home Depot U.S.A. Inc., of Atlanta, Georgia, has agreed to pay a $5.7 millioncivil penalty for selling and distributing previously recalled consumer products. The agreement settles charges that the firm knowingly sold and distributed approximately 2,816 recalled products from 33 separate voluntary corrective actions during a four-year period from August 2012 through November 2016.
Federal law prohibits the sale, offer for sale, or distribution in commerce of a consumer product that is subject to voluntary corrective action, such as a recall, that has been publicly announced and taken in consultation with CPSC.
CPSC staff charged that Home Depot's procedures failed to accurately identify, quarantine, and prevent the sale and distribution of the recalled products. Home Depot sold and distributed the recalled products in its stores through traditional register lanes and special services desks, and through sales for salvage from its reverse logistic centers, internet sales, and donation program.
The hazards posed by the recalled products include, but are not limited to, fire hazards, laceration hazards, and electrocution and shock hazards.
The recalled products sold and distributed by Home Depot are:
HeathCo Motion Activated Outdoor Lights, recalled on July 26, 2012;
Legrand Under Cabinet Power and Light Strips, recalled on September 6, 2012, and expanded on May 15, 2014;
LG Electronics Electric Ranges, recalled on November 8, 2012;
Pramac America LLC Powermate Portable Generators, recalled on November 13, 2012;
Wing Enterprises Stepladders, recalled on December 11, 2012;
LG Electronics, Inc., Top Loading Washers, recalled on December 18, 2012;
In addition to paying the $5.7 million civil penalty, Home Depot will maintain a compliance program to ensure compliance with the Consumer Product Safety Act (CPSA), including a program for the appropriate disposal of recalled products. Home Depot will also maintain a system of internal controls and procedures.
Home Depot's settlement of this matter does not constitute an admission by Home Depot, or a determination by the Commission, that Home Depot knowingly violated the CPSA.
The Commission voted 4 to 1 to accept the settlement provisionally. Acting Chairman Ann Marie Buerkle voted to accept a lower penalty.
About U.S. CPSC: The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals – contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
To report a dangerous product or a product-related injury go online to www.SaferProducts.gov or call CPSC's Hotline at 800-638-2772 or teletypewriter at 301-595-7054 for the hearing impaired. Consumers can obtain news release and recall information at www.cpsc.gov, on Twitter @USCPSC or by subscribing to CPSC's free e-mail newsletters.
CPSC Consumer Information Hotline Contact us at this toll-free number if you have questions about a recall: 800-638-2772 (TTY 301-595-7054) Times: 8 a.m. – 5:30 p.m. ET; Messages can be left anytime Call to get product safety and other agency information and to report unsafe products.
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