Ed Mierzwinski, U.S.PIRG Consumer Program Director
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.
