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Products Liability
8/11/2009 1:45:31 PM EST
Christopher Bauer
Wagner Spray Tech and Techtronic Industries Will Pay $800,000 Civil Penalty
Editor, Mealey's Personal Injury Report and Mealey's Food Liability Report

The U.S. Consumer Product Safety Commission (CPSC) announced on Aug. 5, that Wagner Spray Tech Corp., of Plymouth, Minn., and Techtronic Industries Co. LTD, of Hong Kong, agreed to pay an $800,000 civil penalty, resolving the federal lawsuit claiming that these companies failed to immediately report defective battery chargers.

Techtronic manufactured and Wagner distributed certain cordless power drill battery chargers that were defective and involved in several accidents, causing damage to property. The CPSC requires companies to immediately report defective products, but even though Wagner and Techtronic allegedly learned about the charger overheating incidents in 1999 and 2000, they did not promptly report them.

In March 2004, Wagner did voluntarily recall 180,000 of the battery chargers, but not within the CPSC-required timeframe. Consequently, the Office of Consumer Litigation of the U.S. Department of Justice filed a lawsuit on behalf of the CPSC in the U.S. District Court for the District of Minnesota.

In agreeing to pay the civil penalty, Wagner and Techtronic deny the allegations that they violated the federal law requiring them to immediately report incidents.

-Amanda Simays


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