The Justice Department, together with the Consumer Product Safety Commission, has announced the filing of a civil enforcement action against Stanley Black & Decker, Inc. (Black & Decker) for alleged violations of the Consumer Product Safety Act (CPSA).
Black & Decker is a global provider of hand tools, power tools, outdoor products and related accessories.
The complaint, filed in the U.S. District Court for the District of Maryland, alleges that Black & Decker knowingly failed to immediately report to CPSC information about potential hazardous defects or unreasonable safety risks associated with certain of its utility bars and mitre saws.
As to the utility bars, which are multi-functional tools used for ripping, prying and wrecking, the complaint alleges that soon after Black & Decker began manufacturing the utility bars in December 2015, it began receiving numerous reports directly from consumers and through a national retailer that the bars had broken unexpectedly during use, snapping back at the users and in some cases causing serious injuries.
Despite notice of these incidents, Black & Decker failed to report this information to CPSC until May 2019.
As to the mitre saws, which are power tools designed to cut various materials, the complaint alleges that, between 2019 and 2022, Black & Decker received hundreds of reports of its mitre saws’ rear protective guards and plastic deflectors breaking, including reports of injuries such as lacerations to consumers’ faces and fingers.
Despite notice of these incidents, Black & Decker failed to report them to the CPSC until June 2022.
The complaint, filed by the Justice Department, seeks civil monetary penalties and injunctive relief prohibiting the company from engaging in future violations of the CPSA.
The CPSA requires manufacturers, distributors, and retailers of consumer products to report “immediately” to CPSC information that reasonably supports the conclusion that a product contains a defect which could create a substantial product hazard or that it creates an unreasonable risk of serious injury or death.
Black & Decker has previously resolved other government allegations of failure to timely report to CPSC, including through a stipulated order entered by the U.S. District Court for the District of Maryland in 2015.
“The Justice Department, together with CPSC, is committed to enforcing consumer protection statutes protecting Americans from hazardous products,” said Assistant Attorney General Brett A. Shumate of the Department of Justice’s Civil Division. “Companies must report safety issues in consumer products immediately, as the law requires, to prevent unnecessary injury or death.”
“Companies must not put consumers in harm’s way by failing to immediately report a defective product to the proper authorities,” said U.S. Attorney Kelly O. Hayes for the District of Maryland. “We’re committed to holding accountable those who fail to properly comply with safety laws that ultimately protect consumers.”
“This coordinated federal action will protect consumers,” said Acting Chairman Peter A. Feldman of CPSC. “We will not hesitate to use the full weight of our authorities, especially when dealing with repeat offenders.”
