CPSC Recall Snapshot A MONTHLY REVIEW OF CONSUMER PRODUCT RECALLS AND CIVIL PENALTIES ANNOUNCED BY THE CPSC April 2016 Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic balls. After a roughly two-week hearing in 2014, Judge Metry ruled that Zen’s magnetic balls were not inherently unsafe because they only pose a danger when they are separated into individual balls and then swallowed, which is not the intended use of the product. Judge Metry further found that at least from 2012 onward, Zen had provided adequate warnings about the magnetic toys’ potential risks of ingestion and injury.

The company’s statement on this latest ruling can be found here. This isn’t the end of the story, however, because just a week before this ruling, a different judge ordered Zen to recall magnet sets that contained magnets purchased by Zen that had been recalled by another manufacturer. We will continue to keep you abreast of ongoing developments in the magnetic ball saga. Click here to subscribe to the Snapshot.

For additional information or questions about CPSC issues, please email me at jenifer.keenan@alston.com. We also invite you to check out our Products Liability Blog, which features important updates on CPSC and products liability issues. Sincerely, Jenifer Keenan, Esq. Editor . CPSC Recall Snapshot A MONTHLY REVIEW OF CONSUMER PRODUCT RECALLS AND CIVIL PENALTIES ANNOUNCED BY THE CPSC April 2016 Voluntary Recalls Announced by the CPSC in March 2016 NUMBER OF RECALLS BY PRODUCT CATEGORY Housewares – 9 Tools/Hardware – 2 Sporting Goods – 6 Appliance – 1 Electronics – 3 Vehicle – 1 Furniture – 2 PRODUCT CATEGORY ALLEGED HAZARD REPORTED INJURIES NUMBER OF PRODUCTS Aquarium Press Release Housewares Shock Hazard 0 155,000 U.S. 3,300 Can. Ceramic Mug Press Release Housewares Fire Hazard 0 12,300 Metal Wall Plates Press Release Housewares Shock/Fire Hazard 0 374,000 Lamp Press Release Housewares Shock Hazard 3 30,600 Lamp Press Release Housewares Impact Hazard 0 35,000 U.S. 500 Mex. Wall Clock Press Release Housewares Fire Hazard 0 450 Pool Cover Press Release Housewares Drowning Hazard 0 350 Fan Heater Press Release Housewares Fire Hazard 0 8,500 Fire Alarm Panel Press Release Housewares Failure Hazard 0 1,000 Carabiner Press Release Sporting Goods Fall Hazard 0 1.16 million U.S. 81,000 Can. Headlight and Taillight Press Release Sporting Goods Fire/Burn Hazard 0 110,000 PRODUCT . CPSC Recall Snapshot April 2016 PRODUCT CATEGORY ALLEGED HAZARD REPORTED INJURIES NUMBER OF PRODUCTS Bicycle Flywheel Press Release Sporting Goods Injury/Impact Hazard 3 25,000 Bicycle Wheel Hub Press Release Sporting Goods Crash/Injury Hazard 0 54,000 U.S. 2,900 Can. Bicycle Quick Release Press Release Sporting Goods Crash/Injury Hazard 0 6,400 Nylon Runner Press Release Sporting Goods Fall Hazard 0 185,000 U.S. 23,600 Can. Radio Press Release Electronics Fire Hazard 0 57,000 Computer Battery Pack Press Release Electronics Fire Hazard 0 387 U.S. 110 Can. Computer Battery Pack Press Release Electronics Burn/Fire Hazard 0 91,000 U.S. 10,000 Can. Table Top Toy Press Release Child/Infant Choking Hazard 0 2,100 U.S. 448 Can. Pajamas Press Release Child/Infant Burn Hazard 0 5,400 Chair Press Release Furniture Laceration Hazard 0 1,500 Chair/Stool Press Release Furniture Fall Hazard 3 92,000 Flashlight Press Release Tools/Hardware Fire Hazard 0 3,950 U.S. 818 Can. Loppers Press Release Tools/Hardware Injury/Laceration Hazard 33 277,000 U.S. 11,000 Can. Furnace and Boiler Press Release Appliance Fire Hazard 0 110 Utility Vehicle Press Release Vehicle Crash/Injury Hazard 0 1,700 PRODUCT . CPSC Recall Snapshot April 2016 Civil Penalties Announced by the CPSC in March 2016 PRODUCT Dehumidifier Press Release PRODUCT CATEGORY Housewares CIVIL PENALTY AMOUNT BASIS FOR PENALTY Knowingly failed to report a defect and an unreasonable risk of serious injury with dehumidifiers; knowingly made misrepresentations to the CPSC during the CPSC’s investigation; sold dehumidifiers with the UL safety certification knowing that the dehumidifiers did not meet UL flammability standards. $15.45 million The dehumidifiers were recalled in 2013 and in 2014 after the company began receiving complaints the dehumidifiers were overheating and catching fire. These incidents resulted in nearly $4.5 million in property damage. Alston & Bird helps companies navigate the CPSC’s complex regulations  from testing, to labeling, to recalls  —  —and everything in between. We also help companies monitor and respond to complaints submitted to the CPSC’s consumer complaint database, www.SaferProducts.gov. For additional information or questions about recalls, the SaferProducts.gov database or other CPSC issues, please email jenifer.keenan@alston.com or visit the firm’s website at www.alston.com. Jenifer Keenan, Esq.

– Editor Brad Strickland, Esq. – Assistant Editor Atlanta | Beijing | Brussels | Charlotte | Dallas | Los Angeles | New York | Research Triangle | Silicon Valley | Washington, D.C. .