Safety Recalls, Product Recall Notices, Dangerous Products, Consumer Product Safety Recalls

from Accident Lawyer Hawaii - Defective Products Claims - Product Liability Attorney William H. Lawson

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April 7, 1975  
Release # 75-035

CPSC Provisionally Accepts Consent Order With Milea/Sinclair -- Includes Broad Public Notice Provisions

WASHINGTON, D.C. (April 7) -- The U.S. Consumer Product Safety Commission advises consumers that six styles of unisex sportswear tops imported by Michael Milea and Peter Sinclair, Ltd. fail to meet Federal flammability standards under the Flammable Fabrics Act.

The garments were sold through retail establishments nationally and were part of the company's 1974 summer/fall line of clothing.

CPSC found six styles of brushed cotton blouses and sweat shirts, 408, 409, 410, 425, 426 and 454, to be violative of the general wearing apparel standard -- CS 191-53. Because non-complying and complying garments are similar in style, color and pattern, it is difficult for consumers to distinguish non-complying from complying sportswear. Consumers who believe they have one of the non-complying garments should contact Miles/Sinclair, 475 Park Avenue South, New York, New York 10016, (Telephone: 212/889-0200).

The Commission has provisionally accepted a consent order signed by Michael Milea and Peter Sinclair, Ltd. and by Michael Milea as an officer of the corporation.

The consent order requires the company to stop importing, distributing or selling the non-complying garments and to recall those garments still in inventory, within the channels of distribution and in the hands of consumers.

The consent agreement also states the violative goods recalled must either be processed to bring them into compliance with the standard or be destroyed.

The company previously used mailgrams and registered letters in an attempt to contact distributors and retailers and issued a news release in an effort to alert consumers.

Under the terms of the consent order, the company will now use public notices in an attempt to reach those purchasers and consumers who were not originally contacted or alerted.

Public notification by the company will include distribution of film clips to no less than 300 television stations and ad mat forms to no less than 300 publications throughout the United States. A covering letter will accompany both the film clips and ad mat forms requesting that the warnings be carried at no charge as a public service.

In addition, the company has agreed to pay for space in two nationally circulated magazines, directed at the youth market, to alert purchasers of the recall and potential hazard.

These public warnings will describe the styles involved visually and instruct people who may own the garments on how to return them for a full refund. Garments returned as a result of these efforts may not be exported.

By signing the consent agreement, the company also agrees not to violate Federal flammability standards in the future.

This action is voluntary and does not constitute an admission of guilt by the company. A violation of the consent order could result in civil penalties up to $10,000 per violation.

The complaint and consent order will remain on the public record for comment through June 9, 1975. Interested persons may submit comments to the Office of the Secretary, U.S. Consumer Product Safety Commission, 1750 K Street, N.W., Washington, D.C. 20207.

After reviewing any comments, the Commission will decide whether to accept the agreement or withdraw its provisional acceptance.

Further information on this consent order may be obtained through the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.

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