Final
Record of Commission Action
(Briefing package dated November 10, 2015, OS No. 4661)
Decision
The Commission voted ( 4-1) to provisionally accept the Settlement Agreement and Order, whichorders Philips Lighting North America Corporation ("Philips") to pay a civil penalty of $2.0million and to address compliance measures. The provisional Settlement Agreement and FinalOrder will be announced in a Federal Register Notice. The Enforcement and Information staff ofthe Office of the General Counsel negotiated the proposed agreement to settle staff allegationsthat Philips knowingly violated section 19(a)(4) of the Consumer Product Safety Act ("CPSA")by failing to timely report information under section 15(b) of the CPSA, 15 U.S.C. § 2064(b),about Philips EnergySaver (also known as "Marathon" or "Marathon Classic") compactfluorescent. lamps ("Lamps"). Philips had obtained information reasonably supporting theconclusion that the Lamps contained a defect which could create a substantial product hazard orcreated an unreasonable risk of serious injury or death. Section 20(a)(1) of the CPSA, 15 U.S.C.§ 2069(a)(1 ), permits the imposition of civil penalties for any person who knowingly violatessection 19(a)(4) ofthe CPSA, 15 U.S.C. § 2068(a)(4), by failing to report information undersection 15(b).Chairman Kaye, Commissioner Adler, Commissioner Robinson and Commissioner Mohorovicvoted to provisionally accept the Settlement Agreement and Order. Commissioner Buerkle votedto reject the Settlement Agreement and Order.
Commissioners Voting
Ballot vote due November 20, 2015
(Commissioner Adler extended the due date for the ballot vote from November 17, 2015.)
- Chairman Elliot F. Kaye
- Commissioner Robert S. Adler
- Commissioner Ann Marie Buerkle
- Commissioner Joseph P. Mohorovic
- Commissioner Marietta S. Robinson