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October 27, 2007

WP: CPSC Still Stuck In Neutral, This Time On ATV Safety

07204.jpgIn today's Washington Post, reporter Annys Shin continues her in-depth coverage of product safety issues. In the story Stuck In Neutral, she reports on the CPSC's failure to recall a dangerous ATV:

In June, the Consumer Product Safety Commission issued an unusual warning about a four-wheel all-terrain vehicle designed for children, calling it "defective and dangerous. Children are at risk of injury or death due to multiple safety defects with this off-road vehicle," the agency said in a news release. That vehicle, the Kazuma Meerkat 50, was not recalled, however, which prompted consumer advocates to raise the question: If it was so dangerous, why did the CPSC allow it to remain on the market?
The story goes on to point out that CPSC faces numerous "constraints," including (at the time) a lack of a quorum to vote on a lawsuit (since temporarily remedied by Congress) and also the limited powers it has to order manufacturers to take strong recall actions:
Under the Consumer Product Safety Act, it cannot release information about products for 30 days without getting comment from the manufacturer. If the manufacturer does not like what the agency intends to disclose, then by law it can take the CPSC to court. In practice, that can translate into delays while every word of a recall news release is negotiated. By law, businesses can also choose whether to repair or replace a product, or offer a refund, which can result in hazardous products sometimes remaining on the market. Most recently, dangerous cribs remained in homes and stores even after the deaths of three infants.
Many of these constraints would be ameliorated if Congress approves a strong version of the CPSC Reform Act of 2007, S. 2045, scheduled for Senate Commerce Committee action Tuesday. Our previous blog on the CPSC. More on ATV hazards, especially to children:

In 1987, the CPSC denied a petition led by Consumer Federation of America, and including U.S. PIRG, as well as doctors' organizations, to ban ATV sales to children under 16. Instead it negotiated a consent decree requiring certain marketing practices and warnings. It did at the time ban future sale of treacherous 3-wheeled ATVs, but did not recall existing machines. This ATV facts page from Concerned Families for ATV Safety has some of the latest death and injury statistics:

Between 1995 and 2005, ATVs killed at least 1,218 children under age 16. These children account for 27 percent of all ATV-related deaths during this period. (Consumer Product Safety Commission, 2005 Annual Report of All-Terrain Vehicle (ATV)-Related Deaths and Injuries)
The American Academy of Pediatrics has long had a detailed policy statement on ATVs. Excerpt:
8. Laws should prohibit the use of ATVs, on- or off-road, by children and adolescents younger than 16 years. An automobile driver's license, and preferably some additional certification in ATV use, should be required to operate an ATV. The safe use of ATVs requires the same or greater skill, judgment, and experience as needed to operate an automobile.

Posted by Ed Mierzwinski at October 27, 2007 08:48 AM


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