CVS Pharmacy, Inc., of Woonsocket, R.I., has agreed to pay a civil penalty of $45,000. The settlement agreement has been provisionally accepted by the U.S. Consumer Product Safety Commission unanimously. The penalty resolves allegations by the Commission’s staff that CVS knowingly failed to report to CPSC immediately, as required by federal law, that it had sold children’s hooded jackets with drawstrings at the neck from August 2008 to January 2009. Children’s upper outerwear with drawstrings, including sweatshirts, sweaters, and jackets, poses strangulation and entanglement hazards to children that can result in serious injury or death.
In March 2009, the importer of the jackets announced a recall of the products, which were sold under the brand names Golden Grove and Young USA. In 1996, the CPSC issued drawstring guidelines to help prevent children from strangling on or getting entangled in the neck and waist drawstrings of upper outerwear, such as jackets and sweatshirts. In 2006, CPSC’s Office of Compliance announced that children’s upper outerwear with drawstrings at the hood or neck would be regarded as defective and presenting a substantial risk of injury to young children.
Federal law requires manufacturers, distributors, and retailers to report to the CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by the CPSC.
On June 29, 2011, the CPSC approved a final rule that designates children’s upper outerwear in sizes 2T through 12 with neck or hood drawstrings, and children’s upper outerwear in sizes 2T through 16 with certain waist or bottom drawstrings, as substantial product hazards. The CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. You can tell the CPSC about your experience with the product on SaferProducts.gov.
Source: PR Newswire
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