CPSC and DOJ reach agreement with ICON for reporting violations© Maggie Herman
Dec 7, 2001
The Consumer Product Safety Commission (CPSC) and the Department of Justice (DOJ) announced that the agencies have reached an agreement with ICON Health & Fitness, Inc., regarding the company's alleged failure to report injuries sustained on three models of its exercise machines.
The settlement comes following the initiation of a lawsuit by the DOJ and the CPSC in May regarding the reporting violations related to three models of ICON exercise equipment-the Weider Power Glide, model WECR4406; the Weslo Shape Trainer, model WLCR 4356; and the Weider Shape Glider, model WECR 4306. United States v. Wal-Mart Stores, Inc., D. Md., docket number not available, filed May 24, 2001. The machines work when the seat slides along a track as the occupant pulls or pushes the handlebars. According to the CPSC, the machines are defective in that the link-arm supporting the seat can unexpectedly disconnect during use, allowing the occupant to suddenly fall to the ground. Injuries that occurred as a result of the defect include fractured vertebrae and herniated disks, and some users were partially disabled following use of the equipment. The lawsuit alleged that Icon was aware of a problem in the machines as early as 1996 and by the close of that year the company had received reports of 22 incidents involving the machines. By January 1998, the agency claims, that Icon had collected 86 incidence reports, including reports of 68 injuries. However, the company reportedly failed to notify the CPSC of the problem. Thus, the agency did not discover the defect until a consumer contacted the agency directly in December 1997. Following a CPSC investigation, ICON agreed to recall the machines in April 1999. By that time, the company had collected 105 reports of equipment collapsing, resulting in 91 injuries, including 13 vertebral fractures and 16 tail bone bruises.
The CPSC and the DOJ report that ICON has agreed to pay a $500,000 civil penalty to settle the claims. That amount is substantially lower than the $1.5 million maximum penalty per violation (or $3 million) that the agencies originally were seeking in the lawsuit. In addition to the agreement to pay the fine, the manufacturer has agreed to establish a system to monitor complaints and retain records to ensure that future reporting violations do not occur. The CPSC is advising consumers who own the equipment to discontinue using the machines immediately. In addition, it is suggesting that consumers contact ICON in order to obtain free repair kits to fix the problem.
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