MEC&F Expert Engineers : Costco Agrees to $3.85 Million Civil Penalty, Compliance Program for Failure to Report Defective Trash Cans. The Sensible Eco Living 80L/21G Motion Sensor Trash Cans posed leceration hazard

Sunday, October 7, 2018

Costco Agrees to $3.85 Million Civil Penalty, Compliance Program for Failure to Report Defective Trash Cans. The Sensible Eco Living 80L/21G Motion Sensor Trash Cans posed leceration hazard




Costco Agrees to $3.85 Million Civil Penalty, Compliance Program for Failure to Report Defective Trash Cans


Release date: October 5, 2018
Release number: 19-004

Release Details


CPSC announced that Costco Wholesale, Corp. (Costco), of Issaquah, Wash., has agreed to pay a $3.85 million civil penalty.

WASHINGTON, D.C. – 


The U.S. Consumer Product Safety Commission (CPSC) announced that Costco Wholesale, Corp. (Costco), of Issaquah, Wash., has agreed to pay a $3.85 million civil penalty.

The settlement resolves CPSC staff’s charges that Costco knowingly failed to report to CPSC, as required by law, that the EKO Sensible Eco Living Trash Cans (EKO Trash Cans) contained a defect or created an unreasonable risk of serious injury.

CPSC staff charged that the black plastic protective collar in the opening on the back of the EKO Trash Can receptacle can become dislodged and expose a sharp edge, posing a laceration hazard to consumers. Costco received 92 complaints about the EKO Trash Cans, including 60 complaints from consumers who received injuries, some serious, but did not notify the CPSC immediately of the defect or risk.

On July 17, 2015, CPSC announced a recall with the manufacturer of 367,000 EKO Trash Cans. Costco sold the EKO Trash Cans nationwide between December 2013 and May 2015, for about $50.

In addition to paying the $3.85 million civil penalty, Costco has agreed to maintain a compliance program designed to achieve compliance with the Consumer Product Safety Act and a system of internal controls and procedures to ensure that Costco discloses information to the Commission in accordance with applicable law.

Costco’s settlement of this matter does not constitute an admission of CPSC staff’s charges.

The penalty agreement has been accepted provisionally by the Commission by a 4 to 0 vote.




Name of product:
Trash cans
Hazard:
The black plastic protective collar in the opening on the back of the trash receptacle can become dislodged and expose a sharp edge, posing a risk of laceration to the user.
Remedy:
Repair
Refund
Recall date:
July 17, 2015
Units:
About 367,000
Consumer Contact:
EKO USA at (800) 354-7426 anytime or online at www.ekousaltd.com and click on "Product Recall on Sensible Eco Living 80L/21G Motion Sensor Trash Cans (Costco Item #807890)" for more information.

Recall Details

Description:
This recall involves EKO Sensible Eco Living motion sensor trash cans. The trash cans open when they detect motion nearby. The recalled trash cans are stainless steel, about 31 inches tall and about 14 inches square. They have the capacity to hold 21 gallons (80 liters) of trash and the lid operates with eight AA batteries. Model number EK9288BMT-80L is on a product identification label on the underside of the trash can lid.
 
Remedy:
Consumers should immediately stop using the recalled trash cans and return them to Costco for a full refund or contact EKO for a free repair kit with a redesigned black plastic protective collar and installation instructions. Costco is notifying consumers who purchased the trash cans directly.
Incidents/Injuries:
EKO has received 13 reports of incidents in which the black plastic protective collar dislodged and exposed a sharp edge, resulting in laceration injuries.
Sold Exclusively At:
Costco Wholesale stores nationwide and Costco.com between December 2013 and June 2015 for about $50.
Importer(s):
Costco Wholesale Corporation, of Issaquah, Wash.
Manufactured In:
China
Recall number:
15-742