[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Notices]
[Pages 30049-30050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14942]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 96-C0007]
In the Matter of National Media Corporation, a Corporation;
Provisional Acceptance of a Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Provisional acceptance of a settlement agreement under the
Consumer Product Safety Act.
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SUMMARY: It is the policy of the Commission to publish settlements
which it provisionally accepts under the Consumer Product Safety Act in
the Federal Register in accordance with the terms of 16 CFR 1118.20(f).
Published below is a provisionally-accepted Settlement Agreement with
National Media Corporation, a corporation.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by June 28, 1996.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 96-C0007, Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
William J. Moore, Trial Attorney, Office of Compliance and Enforcement,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-0626.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: June 7, 1996.
Sadye E. Dunn,
Secretary.
In the Matter of National Media Corporation, a corporation; CPSC
Docket No. 96-C0007.
Settlement Agreement and Order
1. National Media Corporation (hereinafter, ``National Media'' or
``Respondent''), a corporation, enters into this Settlement Agreement
and Order (hereinafter, ``Agreement'') with the staff of the Consumer
Product Safety Commission pursuant to the procedures set forth in 16
CFR Sec. 1118.20 of the Commission's Procedures for Investigations,
Inspections,and Inquiries under the Consumer Product Safety Act, 15
U.S.C. 2051, et seq, (``CPSA'').
I. The Parties
2. The ``staff'' is the staff of the Consumer Product Safety
Commission (hereinafter, ``Commission'' or ``CPSC''), an independent
regulatory commission of the United States established pursuant to
section 4 of the CPSA, 15 U.S.C. 2053.
3. National Media is a corporation organized and existing under the
laws of the State of Delaware, with its principal corporate offices
located at 1700 Walnut Street, Philadelphia, PA 19103.
II. Allegations of the Staff
4. Between 1991 and 1993, National Media distributed approximately
77,000 units of the Juice Tiger Juicer, Models No. 204-SP and JE-1000
(hereinafter, ``Juice Tiger''). National Media is, therefore, a
``distributor'' and a ``private labeler'' as those terms are defined in
sections 3(a)(5) and (7)(A) of the Consumer Product Safety Act (CPSA),
15 U.S.C. 2052(a)(5) and (7)(A).
5. The Juice Tiger is a portable household appliance that pulps
fruits and vegetables and turns them into juice. The Juice Tiger is a
``consumer product'' which was `` distributed in commerce'' as those
terms are defined
[[Page 30050]]
in sections 3(a) (1) and (11) of the CPSA, 15 U.S.C. 2052(a) (1) and
(11).
6. The metal grater/filter basket of the Juice Tiger can break
apart, dislodging or breaking the protective plastic upper cover and
allowing parts of the basket and/or cover to be propelled out of the
unit.
In 1992 and 1993, National Media received complaints from consumers
describing Juice Tiger failure in the manner explained above. Some of
the reported incidents have resulted in bruises, lacerations, and eye
injury.
7. National Media obtained information which reasonably supported
the conclusion that its Juice Tiger contained defects which could
create a substantial product hazard but failed to report that
information to the Commission as required by section 15(b) of the CPSA,
15 U.S.C. 2064(b).
III. Response of National Media
8. National Media denies the allegations of the staff that the
Juice Tiger contains any defect which could create a substantial
product hazard pursuant to section 15(a) of the CPSA, 15 U.S.C.
2064(a), and further denies that it violated the reporting requirements
of section 15(b) of the CPSA, 15 U.S.C. 2064(b).
IV. Agreement of the Parties
9. The Commission has jurisdiction over this matter under the
Consumer Product Safety Act (CPSA), 15 U.S.C. 2051 et seq.
10. National Media, knowingly, voluntarily and completely waives
any rights it may have (1) to an administrative or judicial hearing
with respect to the staff allegations cited herein, (2) to judicial
review or other challenge or contest of the validity of the
Commission's Order, (3) to a determination by the Commission as to
whether a violation of section 15(b) of the CPSA, 15 U.S.C. 2064(b),
has occurred, and (4) to a statement of findings of fact and conclusion
of law with regard to the staff allegations.
11. Upon provisional acceptance of this Settlement Agreement and
Order by the Commission, this Settlement Agreement and Order shall be
placed on the public record and shall be published in the Federal
Register in accordance with 16 C.F.R. 1118.20(f).
12. The Settlement Agreement and Order becomes effective upon final
acceptance by the Commission and its service upon National Media.
13. Upon final acceptance of this Settlement Agreement by the
Commission, the Commission will issue a press release to advise the
public of the civil penalty Settlement Agreement and Order.
14. National Media agrees to entry of the attached Order, which is
incorporated herein by reference, and to be bound by its terms.
15. This Settlement Agreement is binding upon National Media and
the assigns or successors of National Media.
16. Agreements, understandings, representations, or interpretations
made outside this Settlement Agreement and Order may not be used to
vary or to contradict its terms.
National Media Corporation.
Dated: March 26, 1996.
Marshall A. Fleisher,
Vice President, National Media Corporation.
The Consumer Product Safety Commission.
David Schmeltzer,
Assistant Executive Director, Office of Compliance.
Dated: June 6, 1996.
Eric L. Stone,
Acting Director, Division of Administrative Litigation, Office of
Compliance.
William J. Moore,
Trial Attorney, Division of Administrative Litigation, Office of
Compliance.
In the Matter of National Media Corporation, a corporation; CPSC
Docket No. 96-C0007.
Order
Upon consideration of the Settlement Agreement entered into between
Respondent, National Media Corporation, a corporation, and the staff of
the Consumer Product Safety Commission; and the Commission having
jurisdiction over the subject matter and National Media Corporation;
and it appearing that the Settlement Agreement and Order is in the
public interest, it is
Ordered, that the Settlement Agreement be and hereby is accepted;
and it is further ordered, that upon final acceptance of the Settlement
Agreement and Order, National Media Corporation shall pay the
Commission a civil penalty in the amount of one hundred fifty thousand
and 00/100 dollars ($150,000.00) within ten (10) days after service of
this Final Order upon the Respondent, National Media Corporation.
Provisionally accepted and Provisional Order issued on 7th day of
June 1996.
By Order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-14942 Filed 6-12-96; 8:45 am]
BILLING CODE 6335-01-M
