Statement at Sears Stove Tip-Over Lawsuit Settlement News Teleconference

RIPIRG

One year ago this week, U.S. PIRG and the Consumer Federation of America asked the Consumer Product Safety Commission (CPSC) for information about at least 26 deaths and 75 injuries known to have occurred since 1980 due to stove tip-overs. When we did not receive a satisfactory reply, we joined Public Citizen in an April 2007 news conference announcing a killer stoves campaign.

We still have received no satisfactory reply from the CPSC about its inaction in the face of all these deaths and injuries, mostly to children or the elderly, but we are pleased to note that private consumer enforcement has resulted in a settlement with Sears that will protect Sears customers from stove tip-over hazards and also compensate consumers for repairs.

I must note that last month, two days after the court entered this settlement with Sears into the record, the CPSC did act. It announced a voluntary recall of a TOY Sears and K-Mart play stove – for a “tip-over hazard” – after the report of one child being “bruised.” How ironic is it that Sears and the CPSC were quick to negotiate a recall of a play stove after one minor injury, but that the CPSC for years wouldn’t protect the public from the larger reported risk of injuries and deaths from real stove tip-overs. While any injury to a child is tragic and should be prevented, the lack of action on real stoves after 26 known deaths and at least 75 reported injuries is inexcusable.

Last week, the Senate announced a bi-partisan deal to move CPSC reform legislation to the floor. Meanwhile, the National Association of Manufacturers is clamoring for more preemption and less private and state attorneys general enforcement, among other weakening changes it wants to the bill.

The best way to protect the public from the risk of death and injury from unsafe products is to ensure at least three levels of protection. First, have a federal agency with tough rules and the will to impose civil penalties. Second, have state attorneys general as consumer cops on the beat enforcing both their own laws and the federal law. And finally, let consumers bring private lawsuits. Only with all of these levels of protection can we guarantee that products will be safer and that victims will be compensated.

Neither the Senate nor House CPSC proposal includes every provision that PIRG, or, as you will hear today from Joan Claybrook, that Public Citizen would want. While the bills do significantly beef up the agency’s funding and staff, the bills could be much better at reducing the veil of secrecy that clouds the CPSC’s dealings with manufacturers and the bills could be much better at providing for much higher civil penalties for violations.

Yet, the bills are a major step forward, and PIRG will support final passage of the strongest final law possible, provided no further weakening occurs. Today’s announcement that private enforcement provided justice and compensation that the CPSC could not demonstrates that the public is best protected from product hazards when we have at least three levels of protection. Congress and the CPSC, while they both often try to do so at the behest of powerful corporate interests, should not be allowed to take away the longstanding rights of consumers (and state attorneys general) to enforce the law.