Brinkmann Corporation to Pay $175,000 to Settle Civil Penalty Case

The U.S. Consumer Product Safety Commission (CPSC) announced today that the Brinkmann Corp. (TBC) of Dallas, Texas, has agreed to pay a civil penalty of $175,000 to settle allegations that it violated the U.S. Consumer Product Safety Act by failing to report defects associated with its charcoal smoker, electric smoker, and cooker/fryer.

CPSC alleges that TBC failed to report information indicating that its cooker/fryer, distributed under the name "Country Cooker," was susceptible to spillage of hot liquids and foods. The base lacked a protective lip around the burner grate allowing the cooking pan to become dislodged during use. Also, the basket of the cooker/fryer could be hung on the outside of the appliance, which could result in the pan and basket tipping and spilling its hot contents. TBC received reports of consumers receiving burns when the pan tipped off the base.

CPSC also alleges that TBC failed to report information indicating that its electric smoker, sold under the name "Smoke 'N Grill Electric," had loose brackets allowing the water pan to become dislodged and spill hot water. TBC received at least seven reports of consumers who received burns when the pan slipped from the brackets.

Finally, CPSC alleges that TBC failed to report information indicating that its charcoal smoker, distributed under the "Brinkmann" and "COOK'N CAJUN" labels, had brackets and other parts with sharp edges. TBC received at least 13 reports of consumers receiving lacerations while setting up or using the grill. Also, CPSC alleges that TBC failed to report information indicating that the charcoal smoker had a hole in the bottom of the charcoal pan that allowed hot ash to fall through creating a fire hazard. TBC received at least 25 reports of fire or charring allegedly caused by ashes falling through the hole. In September 1994, TBC voluntarily provided a kit to owners of the charcoal smoker to close the hole and replace the sharp brackets.

TBC sold approximately 100,000 cooker/fryers, 100,000 electric smokers, and more than 1,000,000 charcoal water smokers between 1979 and 1993.

In agreeing to settle this matter, TBC denies that its products were defective or unreasonably dangerous. TBC also denies that it knowingly violated the reporting requirements of the U.S. Consumer Product Safety Act.