Record of Commission Action
(Briefing package dated May 25, 2016, OS No. 5081)
Decision
The Commission voted (3-2) to provisionally accept the Settlement Agreement and Order, which would order Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions (the “Firm”) to pay a civil penalty of $4,500,000 and to take other remedial actions. The provisional Settlement Agreement and Order will be announced in a Federal Register Notice. The staff of the Office of the General Counsel negotiated the proposed agreement to settle staff allegations that the Firm knowingly violated section 19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4), by failing to report immediately information reasonably supporting the conclusion that the Mr. Coffee Single Cup Brewing System BVMC-KG1 series (“Subject Products”) manufactured by the Firm contain a defect that could create a substantial product hazard or create an unreasonable risk of serious injury or death, as required by section 15(b) of the Consumer Product Safety Act (“CPSA”), 15 U.S.C. § 2064(b). Pursuant to section 20(a) of the CPSA, 15 U.S.C. § 2069(a), the Firm is subject to civil penalties for its knowing violation of Section 19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4).
Chairman Kaye, Commissioner Adler and Commissioner Robinson voted to provisionally accept the Settlement Agreement and Order. Commissioner Buerkle and Commissioner Mohorovic voted to reject the Settlement Agreement and Order.
Commissioner Mohorovic issued the attached statement.
Commissioners Voting
*Ballot vote due June 1, 2016
- Chairman Elliot F. Kaye
- Commissioner Robert S. Adler
- Commissioner Ann Marie Buerkle
- Commissioner Joseph P. Mohorovic
- Commissioner Marietta S. Robinson
Attachment: Statement of Commissioner Mohorovic