U.S. v. Spectrum Brands, Inc.

Federal 7th Circuit Court
Civil Court
Consumer Product Safety Act
Citation
Case Number: 
No. 18-1785
Decision Date: 
May 9, 2019
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Record contained sufficient evidence to support govt. complaint under section 15(b) of Consumer Product Safety Act (CPSA), where defendant’s subsidiary failed to timely report to govt. potentially hazardous product defect regarding handle on its 12-cup coffee carafe that caused handle to split from carafe and cause consumers to burn themselves, where by time it filed said report in 2012, defendant had received around 1,600 consumer complaints regarding said defect after defendant had initially received 60 complaints about defect by May of 2009. While defendant argued that instant complaint was not timely under relevant 5-year limitation period, since plaintiff could have initiated proceeding in May of 2009, Ct. of Appeals found that instant reporting requirement was continuing one, such that limitation period did not start until defendant had actually filed required report in 2012. Also, Dist. Ct. could properly enter into forward-looking injunction to prevent future violations of CPSA, and could also require defendant to hire expert to assist it in said compliance.