Bath Fixture Importer to Pay $6 Million Settlement for Failure to Report Product Defect
An importer of plumbing fixtures and hardware will pay $6 million to settle allegations that it failed to report dangerous product defects to the Consumer Product Safety Commission despite knowing about the problems for years, the CPSC said in a notice released Sept. 19. Clawfoot Supply allegedly was notified that its imported teak folding shower seats could corrode and break, and even initiated a design change to fix the defect but did not tell CPSC about the flaw, as required by law, until years later, the commission said.
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According to the settlement agreement, Clawfoot knew about the issue as early as 2011, when it began receiving reports of the corrosion issue. Reports, including from consumers who were injured when they were sitting on one of the shower seats when it failed, continued through 2018. Clawfoot changed the shower seat design in 2015 to strengthen the support rods, and contacted consumers to advise of them of the potential defect, the CPSC said. But “despite possessing information that reasonably supported the conclusion that the Subject Products contained a defect that could create a substantial product hazard or created an unreasonable risk of serious injury or death, Clawfoot Supply did not immediately report to the Commission,” the CPSC said.
Ferguson would go on to acquire Clawfoot, and discovered the problem after enhancing Clawfoot’s compliance program in the spring of 2018. Clawfoot subsequently reported the defect to the CPSC that summer, and announced a joint recall with the CPSC in December 2018 (see 1812050005). The announcement “noted that 194 incidents of the seat breaking, including 37 incidents of falls without injury and 23 injuries had been reported,” CPSC said.
Along with the $6 million settlement, Clawfoot also agreed to implement a CPSC-monitored compliance program. Clawfoot did not admit to the charges as part of the settlement agreement.