Source: United States Department of Justice News
The Justice Department and the Consumer Product Safety Commission (CPSC) jointly announced today the filing of a complaint against SunSetter Products LP (SunSetter), alleging that the company delayed reporting a hazardous defect involving protective vinyl covers for its retractable awnings.
SunSetter is a limited partnership based in Malden, Massachusetts, that manufactures motorized, retractable awnings for outdoor use. The complaint, filed in U.S. District Court for the District of Massachusetts, alleges that SunSetter knowingly failed to immediately report to the CPSC that when bungee tie-downs securing its protective awning covers were removed, the retractable awnings could spring open unexpectedly with enough force to strike consumers and cause them to fall and suffer death or serious injury. The complaint alleges that between 2012 and 2017, SunSetter received 14 reports of its motorized awnings springing open, which resulted in several injuries and one death. Despite notice of these incidents, the company did not report the problems with its awning covers to the CPSC until October 2017.
According to the complaint, the protective covers at issue were sold separately or given away as a promotional item with the company’s motorized awnings between June 1999 and January 2019. The covers were recalled in August 2019.
“Companies must report safety issues in consumer products immediately, as the law requires, to prevent unnecessary injury or death,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with the CPSC to hold accountable manufacturers that put profits over the safety of consumers.”
“Prompt reporting of potentially dangerous defects in or problems with products is vital to impactful and immediate consumer protection. CPSC cannot do its job without strict compliance by industry. The defect in this matter, as alleged, can cause serious injury up to and including death,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “Manufacturers must be held accountable for failing to comply with this important obligation which jeopardizes the safety of consumers.”
“SunSetter knew for years that its product was hazardous, yet failed to tell CPSC as required by federal law,” said Chair Alex Hoehn-Saric of the CPSC. “It took a tragic death and numerous other injuries before they finally took action – which is unacceptable. When a company continues to sell dangerous products – knowing they can cause injuries and death – it must be held accountable.”
The Consumer Product Safety Act requires manufacturers, distributors, and retailers of consumer products to report “immediately” to the CPSC information that reasonably supports the conclusion that a product contains a defect which could create a substantial product hazard or creates an unreasonable risk of serious injury or death.
This matter is being handled by Senior Litigation Counsels Christina Parascandola and Claude Scott and Trial Attorney Nicole Frazer of the Justice Department’s Civil Division, Consumer Protection Branch and Assistant U.S. Attorney Erin Brizius for the District of Massachusetts, with the assistance of Harriet Kerwin and Renee H. McCune of the CPSC’s Office of the General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government would be required to prove by a preponderance of the evidence.