Tropitone Fined $750,000 for Delay in Reporting Patio Furniture Defects
that Injured Consumers, and Delay in Reporting Lawsuits
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC)
announced today that Tropitone Furniture Co. Inc., of Irvine, Calif.,
has agreed to pay a civil penalty of $750,000 to settle allegations that
it violated the Consumer Product Safety Act by failing to report to CPSC
in a timely manner defects associated with six models of its chaise
lounge chairs. Tropitone reported to CPSC nearly 9 years after it first
became aware of injuries from the chairs. The penalty also settles
allegations that Tropitone violated the Act when it failed to timely
report settlements of 30 lawsuits alleging injury to consumers from the
chairs.
From June 1988 until March 1997, when the firm first reported to CPSC,
Tropitone received more than 150 reports of injuries resulting from the
use of these chaise lounge chairs. The chairs, manufactured from 1985 to
1992, have nylon ratchets supporting the adjustable headrest. The
ratchets can break, causing the headrest to forcefully collapse.
Consumers who reached behind the headrest to adjust its height suffered
injuries when the ratchets failed and the headrest collapsed in a
'scissoring action' on their fingers. CPSC and Tropitone now have
reports of 167 injuries from headrest collapse, including multiple
fingertip or partial finger amputations; severe finger lacerations;
fractured, crushed, and pinched fingers; back injury; and a skull
fracture.
In agreeing to settle this matter, Tropitone denies that it violated the
Consumer Product Safety Act, or any other laws administered by the CPSC.
In cooperation with CPSC, Tropitone voluntarily recalled 53,200 chaise
lounge chairs with nylon ratchet assemblies in 1997. The chaise lounge
chairs subject to the recall are: Tropikai Model 935 (including
935HYA); Cotillion Model 4032; Verrazano Model 4332; Seychelle Model
4432; Colony Model 4932; and Cayman Model 5932. Consumers should stop
using the chaise lounge chairs immediately. To participate in the
recall, call Tropitone toll-free at (800) 654-7000 between 8 a.m. and 5
p.m. PT Monday through Friday.