[Federal Register: June 6, 2001 (Volume 66, Number 109)]
[Notices]               
[Page 30430-30431]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn01-62]                         

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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 01-2]

 
Quantum North America, Inc., and e4L, Inc.; Complaint

AGENCY: Consumer Product Safety Commission.

ACTION: Publication of a complaint under the Consumer Product Safety 
Act.

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SUMMARY: Under provisions of its Rules of Practice for Adjudicative 
Proceeding (16 CFR Part 1025), the Consumer Product Safety Commission 
must publish in the Federal Register Complaints which it issues. 
Published below is a Complaint in the matter of Quantum North America, 
Inc., and e4L, Inc.

SUPPLEMENTARY INFORMATION: The text of the Complaint appears below.

    Dated: May 31, 2001.
Todd A. Stevenson,
Deputy Secretary.

Complaint

Nature of Proceedings

    1. This is an administrative proceeding pursuant to section 15 of 
the Consumer Product Safety Act (``CPSA''), 15 U.S.C. 2064; for public 
notification and remedial action to protect the public from substantial 
risks of injury presented by the Red Devil gas grill. This proceeding 
is governed by the Rules of Practice for Adjudicative Proceedings 
before the Consumer Product Safety Commission, 16 CFR part 1025.

Jurisdiction

    2. This proceeding is instituted pursuant to the authority 
contained in sections 15(c), (d) and (f) of the CPSA, 15 U.S.C. 
2064(c), (d) and (f).

Parties

    3. Complaint counsel is the staff of the Legal Division of the 
Office of Compliance of the U.S. Consumer Product Safety Commission, an 
independent regulatory commission established by section 4 of the CPSA. 
15 U.S.C. 2053.
    4. Respondent Quantum North America, Inc. (hereinafter referred to 
as ``Quantum'') is a Delaware Corporation, with its principal place of 
business located at 15821 Ventura Boulevard, Encino, California.
    5. Respondent, e4L, Inc. (hereinafter referred to as ``e4L'') is a 
Delaware Corporation, with its principal place of business located at 
15821 Ventura Boulevard, Encino, California.
    6. Quantum and e4L are ``manufacturers'' of consumer products as 
that term is defined in the CPSA, 15 U.S.C. 2052(a)(4). Quantum and e4L 
manufactured the Red Devil gas grill.

The Consumer Product

    7. The Red Devil gas grill was produced and distributed 
specifically for sale to or use by consumers as an outdoor cooking 
appliance in or around a permanent or temporary residence. These gas 
grills are ``consumer products'' that were ``distributed in commerce.'' 
15 U.S.C. 2052(a)(1)(i) and (ii).

Defect

    8. Paragraphs 1 through 7 are hereby realleged, and incorporated by 
reference as though fully set forth herein.
    9. The Red Devil gas grill connects to a propane gas container. A 
plastic locking mechanism sits atop a collapsible three legged stand. A 
top threaded venturi tube, which contains four (4) symmetrical air 
intake openings, is placed through the underside of a plastic locking 
mechanism, and is vertically locked into place by flipping a handle. 
The lower end of the venturi tube is attached to a gas regulator. A 
burner pan is then placed on top of the venturi tube.
    10. The Red Devil gas grill design leads consumers to light the 
grill at the air intake openingS on the venturi tube. If the grill is 
lit at this location, the consumer is igniting the combustible gas 
inside the tube. The grill will appear to function as intended, 
however, the venturi tube will reach temperatures up to 750 deg.F.

[[Page 30431]]

    11. The plastic locking mechanism will melt and deform when subject 
to temperatures over 230 deg.F. When the plastic deforms it allows the 
grill to collapse and fall to the ground.
    12. Each Red Devil gas grill is packaged with an instruction 
booklet. Said booklet calls for the grill to be lit at the burner.
    13. The instruction booklet, referred to in paragraph 12, does not 
contain an illustration that shows the consumer where to properly light 
the grill. Said booklet also does not warn consumers of the danger in 
lighting the grill at the venturi opening. It is also foreseeable that 
this booklet will not remain with the grill.
    14. The features of the Red Devil gas grill, as set forth in 
paragraphs 9 through 11 above, constitute design defects under 15 
U.S.C. 2064.
    15. The failure to provide adequate instructions on how to light 
the Red Devil gas grill, or to warn consumers about the danger in 
lighting the grill at the venturi opening, as set forth in paragraph 12 
and 13 above, constitutes a defect under 15 U.S.C. 2064.

2. Substantial Risk of Injury

    16. All of the approximately 155,544 Red Devil gas grills have the 
same venturi tube and plastic locking mechanism design. It is 
foreseeable that consumers will light the grill at the venturi 
openings. Each grill has the potential to cause a severe burn injury.
    17. If the Red Devil gas grill tips over, following the melting of 
the plastic locking mechanism, flames from the burner may ignite 
surrounding combustibles. This could cause severe burns or death to 
nearby consumers. It is also reasonably foreseeable that a consumer who 
is present would attempt to catch the falling grill, and receive severe 
burns to his or her hands or other body parts.
    18. The defects in the Red Devil gas grill create a substantial 
risk of injury to consumers, within the meaning of section 15(a)(2) of 
the CPSA, 15 U.S.C. 2064(a)(2).
    19. The Red Devil gas grill presents a substantial product hazard, 
as described in sections 15(a)(2), (c) and (d) of the CPSA, 15 U.S.C. 
2064(a)(2), (c) and (d).

Relief Sought

    Wherefore, in the public interest, Complaint Counsel requests that 
the Commission:
    A. Determine that Respondents' Quantum and e4L Red Devil gas grill 
presents a ``substantial product hazard'' within the meaning of section 
15(a)(2) of the CPSA, 15 U.S.C. 2064(a)(2).
    B. Determine that public notification under section 15(c) of the 
CPSA, 15 U.S.C. 2064(c), is required to protect the public adequately 
from the substantial product hazard presented by the Red Devil gas 
grill which has been distributed and order that the Respondents:
    (1) Give prompt public notice that the Red Devil gas grill presents 
an injury and fire hazard to consumers and of the remedies available to 
remove the risk of injury;
    (2) Mail such notice to each person who is or has been a 
distributor or retailer of the Red Devil gas grill;
    (3) Mail such notice to every person to whom Respondents know the 
Red Devil gas grill were delivered or sold; and
    (4) Include in the notice required by (1), (2) and (3) above a 
complete description of the hazard presented, a warning to stop using 
the Red Devil gas grill immediately; and clear instructions to inform 
consumers how to avail themselves of any remedy ordered by the 
Commission.
    C. Determine that action under section 15(d) of the CPSA, 15 U.S.C. 
2064(d), is in the public interest and order Respondents:
    (1) To elect to repair all the Red Devil gas grills so they will 
not create an injury and fire hazard; to replace all the Red Devil gas 
grills with a like or equivalent product which will not create an 
injury or fire hazard; or to refund to consumers the purchase price of 
the Red Devil gas grill;
    (2) To make no charge to consumers and to reimburse them for any 
foreseeable expenses incurred in availing themselves of any remedy 
provided under any order issued in this matter;
    (3) To reimburse distributors and dealers for expenses in 
connection with carrying out any Commission Order issued in this 
matter;
    (4) To submit a plan satisfactory to the Commission, within ten 
(10) days of service of the final Order, directing that actions 
specified in paragraph C(1) through C(3) above be taken in a timely 
manner;
    (5) To submit monthly reports documenting progress of the 
corrective action program;
    (6) For a period of five (5) years after entry of a Final Order in 
this matter, to keep records of its actions taken to comply with 
paragraphs C(1) through C(3) above, and to supply these records upon 
request to the Commission for the purpose of monitoring compliance with 
the Final Order;
    (7) To notify the Commission at least 60 days prior to any change 
in their business (such as incorporation, dissolution, assignment, sale 
or petition for bankruptcy) that results in, or is intended to result 
in, the emergence of successor ownership, the creation or dissolution 
of subsidiaries, going out of business, or any other change that might 
affect compliance obligations under a Final Order issued by the 
Commission; and
    (8) To take such other and further actions as the Commission deems 
necessary to protect the public health and safety and to comply with 
the CPSA.

    Issued by order of the Commission.

Dated this 29th day of May, 2001.

Alan H. Schoem,
Assistant Executive Director, Office of Compliance, U.S. Consumer 
Product Safety Commission, (301) 504-0621.

Eric L. Stone,
Director, Legal Division, Office of Compliance.

Jimmie L. Williams, Jr.,
Complaint Counsel, Office of Compliance, 4330 East West Highway, 
Bethesda, Maryland 20814-4408, (301) 504-0626, ext. 1376.

[FR Doc. 01-14137 Filed 6-5-01; 8:45 am]
BILLING CODE 6350-01-M