BERNZOMATIC PAYS $350,000 CIVIL PENALTY: THIRD LARGEST IN CPSC HISTORY
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
February 02, 1988
Release # 88-004
BERNZOMATIC PAYS $350,000 CIVIL PENALTY: THIRD LARGEST IN CPSC HISTORY
WASHINGTON, DC- The U.S. Consumer Product Safety Commission
today announced that BernzOmatic of Medina, NY has agreed to pay a
$350,000 civil penalty to resolve Commission staff allegations that
the firm failed to report in a timely manner the existence of a
defect in certain propane fueled, radiant camping heaters which could
create a substantial product hazard, as required by the Consumer
Product Safety Act.
The staff further alleged that BernzOmatic was aware of
approximately 30 fatalities associated with these heaters, dating
back to 1965, and never informed the Commission. The Commission
investigated this problem following the fatalities of two (2) campers
in West Virginia, in December 1986. The Commission subsequently
learned that BernzOmatic had conducted recalls of these heaters in
1966 and again in 1971. The 1971 recall followed a statement by the
Attorney General's office of the State of Washington that the TX-9OOA
was "extremely hazardous to human health and life" and a request by,
the Attorney General's office for a public warning and voluntary
recall.
A recall of these heaters was announced jointly by BernzOmatic
and the Commission on September 15, 1987. Consumers are again urged
to immediately stop using the heaters and contact BernzOmatic.
BernzOmatic is offering a refund of $50.00 for each model TX-900 or
TX-900A heater returned.
The Commission staff has alleged that BernzOmatic knew, or
should have know, that its models TX-900 and TX-900A propane fueled,
radiant camping heaters, produced from 1962 through 1966, can be used
in a manner which would allow the heaters to emits lethal levels of
carbon moncxide when used in an inadequately ventilated area.
A copy of the settlement agreement is available from the
Commission's Office of the Secretary, 5401 Westbard Avenue, Bethesda,
Maryland 20207 for review and public comment until February 18, 1988.
Approximately 40,000 TX-900 and TX-900A heaters were produced
and sold by the manufacturer from 1962 through l966. The heaters are
housed in a blue or green metal cabinet approximately 9 inches wide by
14 inches high x 7 inches deep, with room inside for two 14.1 ounce
propane gas cylinders. The name BernzOmatic appears on the front of
the heater. The name BernzOmatic, the model number TX-900 or
TX-900A, and the description either Propane or Portable Gas Radiant
Heater appear on instructions which may be found on the inner side of
the rear door.
Owners of a model TX-900 or TX-900A heater should call
BernzOmatic toll-free at 1-800-828-7611 for information on how to
return the heater and obtain a refund. New York state residents
should call collect 1-716-798-4979. To determine if a product is
covered by this announcement, consumers may call the CPSC toll-
free hotline number at l-800-638-CPSC. The teletypewriter number
for the-hearing-impaired is l-800-638-8270.
BernzOmatic denies the existence of a substantial product
hazard or that it violated the reporting requirements.
BernzOmatic believes that the Commission has been aware through a
series of industry-wide rulemakings since 1974 of concerns
associated with unvented, gas heaters in general. In 1980, the
commission estimated that approximately 70 deaths occur each year
in the U.S. associated with carbon monoxide poisoning and
unvented, gas heaters produced by many manufacturers.
Despite BernsOmatic's contention that "the Commission has
long been aware of concerns associated with unvented, gas heaters
in general" and its other contentions contained above, it is the
staff's view that any such general body of knowledge of which the
Commission may have been aware does not relieve BernzOmatic of
its legal obligation to report.