Defective Products Archive

Federal Regulators Must Share Some Blame for Toyota Recall Delays

April 15th, 2010. By Hunter West

Much has been made about the delays attributed to Toyota for acting on safety deficiencies with its vehicles—delays that didn’t appear to affect consumers in Europe and Canada but impacted those in the US. And while James Lentz, the president and chief operating officer of Toyota Motor Sales USA, stated in Congress in February that he did not know of reports of sticking pedals in Europe until the month prior (January, 2010), documents showed that engineers in the US were told about the sticking pedals as early as April, 2009. 

That said, US safety regulators—which have been famously holding Toyota’s feet to the fire throughout the recall process—couldn’t escape blame either. If Toyota is to blame for dragging its feet, so too did federal safety regulators. 

Case in point: according to the April 11th issue of The New York Times, officials from Toyota and the National Highway Traffic Safety Administration (NHTSA) met in Washington to discuss the accelerator pedals and floor mats issue—an issue linked to a fiery crash in California the previous month that killed four members of one family. At the meeting, the agency also pressed the automaker to announce just how it intended to fix the problem. 

Toyota made that announcement on November 25^th. However the meeting took place September 28^th. Two months went by before the announcement was made. 

There are those who feel the agency could have pressed Toyota to act sooner, or at the very least keep up the pressure. 

Recent federal fines levied against Toyota cite the breach in protocol that requires, by law, an automotive manufacturer to report a product safety deficit to federal regulators within a handful of business days. And yet while the Transportation Secretary was vowing to hold Toyota’s “feet to the fire” for delays in bringing the US into a loop that had already included Canada and Europe months earlier, the question remains why the NHTSA allowed Toyota so much lead time up to November 25^th. 

Since then there has been a steady diet of sensational media headlines and stories, congressional hearings and angry congressmen playing the role of protector to the American consumer. Toyota missed the deadline. Toyota allegedly withheld information. Toyota’s feet must be held to the fire for delays. Hardly a day has passed without some story on Toyota accompanied by a talking head from Washington crying foul. 

But for two months, Washington appeared to stand at the sidelines while Toyota sorted all this out. 

Says Kurt Bardella, a spokesman for Representative Darrell Issa, the ranking Republican on the House Committee on Oversight and Government Reform, “The bottom line is that both industry and regulators failed.” 

And in so doing, the regulators appear to be talking from both sides of their mouths.

Tags: Toyota, toyota recall
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Moms: Board Books a Hazard to Babies, Still

April 8th, 2010. By AbiK

Flashback: 1994. The birth of my friend’s son, Brian. The first born in our circle of friends. Lots of cooing, awe…a Gail Sheehy Passages kind of moment.

Fast forward a few months. My friend calls me to let me know Brian nearly choked to death. She explained in detail the frantic minutes that must’ve felt like hours as she watched Brian’s skin tone fade to pale and then to a bluish tinge. She recounted the finger-sweep actions she took to try to retrieve whatever it was. The mini Heimlich maneuver as she wanted to propel the object out of Brian’s mouth without causing further harm. As I listened it was as if I was reliving the moments with her and yet I was thankful I hadn’t had to live them in the first place. My heart went out to her. (Note, years later, I had to endure the scene with my own child with a hot dog, and it was beyond anything I ever want to witness again.)

The reason? A board book. Those oh-so-sturdy, infant-proof, toddler-proof vehicles to start your child on his lifelong love of reading. And the go-to gift for everyone who wants to give baby the gift that’s always appreciated.

Except, what’s with those edges? Why, at first they seem so…durable. But after several weeks or months (maybe sooner) those edges seem to…separate. And then the reality that, hey, these are basically just cardboard—and what’s cardboard but several layers of paper smushed and glued together—hits you. Along with the reality that, gee, when the cardboard starts to get even the slightest bit wet, it starts to split apart and fray.

Brian had gotten a piece of the cardboard from the book’s corner in his mouth and could not get it out; nor could he swallow it. So he choked on it.

And just how does a board book get wet and begin to come apart in the first place? That would be because it’s in baby’s mouth—not because the bottle or sippy cup fell over.

For those of you who’ve never seen a baby, that’s what baby’s do. They put things in their mouths. Oh—you knew that—forgive me.

SO WHY DON’T THE COMPANIES THAT MAKE BABY BOARD BOOKS KNOW THAT?!?!?!

Brian is now 15. He’s taller than me and it’s hard to imagine that I used to hold him in my arms. What’s harder to imagine though is that still today—fifteen years after I first gained an awareness of the issue—a baby board book has been recalled for a choking hazard.

This time, the defective product is from a reputable company, Gund—and while it’s not due to the cardboard of the book itself, it’s due to the book bindings which use styrofoam as a fill, and one would assume to help attach the cute, little, colorful baby-eye-candy rattling handles on each book.

See, the styrofoam can detach—according to the Consumer Product Safety Commission (CPSC). And it can get in baby’s mouth. Really?

Gund has apparently received three reports of this happening—and thankfully, no injuries have been reported.

The books involved are:

“Animals” (item number 059174)

“Numbers” (item number 059175)

“Colors” (item number 059176)

They were also sold as a three-book set (item number 059173). The name “Gund” and the item number are located on the back of the books. The books measure 4½ inches by 7 inches and were sold in stores in the US and Canada between January 2009 and March 2010.

If you have these books, you can contact Gund for a free replacement. You can call 800-436-3726.

Though at this point, I’m not so sure I’d “Gotta Getta Gund”.

Tags: Baby, Board Books, Child Safety, Gund, Recall
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Comfy UGG boots may lead to foot problems

March 15th, 2010. By AbiK

Remember when UGG’s first hit American shores? And you saw people like Pamela Anderson (Lee or Not-to-Lee?) wearing them in LA—even on the beach? And you were wondering why the heck someone needed boots that looked like they belonged in an igloo in 80-degree heat? And you’re still wondering—except now you realize they’re “like slippers you can wear anywhere!”—and people do wear them anywhere.

Because OMG they’re so comfortable! And fashion be damned—if Pamela, Miley, Reese, Jessica, Megan and Eva wear them (thank you coolspotters.com)—well, that’s the only testimonial anyone needs, right?

So here’s a testimonial that appeared in the Telegraph (UK) today that wasn’t exactly too fashion-friendly—it’s some commentary from Dr. Ian Drysdale on the ever-popular UGG boots and it ought to give some parents pause when considering whether to succumb to the wear-’em-to-school-cause-they’re-cool trend for their daughters. Dr. Drysdale, by the way, is head of the British College of Osteopathic Medicine.

Here’s the Telegraph headline:

Ugg-style boots “damage feet due to lack of support”

It seems that UK podiatrists and chiropadists believe that UGG’s and there omnipresent knock-offs are leading to a rise in the number of people having pain in their feet and knees.

According to Dr. Drysdale, because the foot does not get the proper support on the inside, it will lead to more ankle, knee, hip and back problems. He goes on to say, “These boots are not designed for outside wear. Just because something becomes a trend or fashionable doesn’t mean it’s good or right.”

Amen (non-religiously, of course) to that.

What it comes down to is that this style of UGG boot is basically a glorified slipper—like someone took some classic Read the rest of this entry »

Tags: Foot Problems, Product Liability, UGG, UGG boots
Posted in Defective Products | 1 Comment »

Cuomo’s Helping Hand to NY for Toyota Recall

February 24th, 2010. By AbiK

This just in…been affected by the Toyota recall mess and live in New York? NY State Attorney General Cuomo’s got your back—at least when it comes to making the process of getting your car repaired a bit easier.

According to nypost.com this morning, Toyota has agreed to guarantee New Yorkers who’ve been thrown into the recall mess the following:

• Pick up of the vehicle at the owner’s home
• Return the vehicle after it’s been repaired
• Pay for out-of-pocket transportation costs
• Offer drivers free rental cars during repairs

That’s good news especially considering the number of emails and comments we’ve received from Toyota drivers who are concerned about driving their cars–even to the dealership–until the repairs are made. Cuomo, himself, gave a nod to this very issue in his prepared statement:

“It is unacceptable that New York consumers should face additional burdens when dealing with a safety problem that is Toyota’s responsibility,” Cuomo said in a prepared statement obtained by the AP before a scheduled noon announcement. “New Yorkers who own recalled vehicles understandably may be reluctant to drive their cars and assume the risk of harm to themselves and others on the road.”

If you’re in NY and you’ve got a recalled Toyota sitting in your drive, there’s also a website that’s been set up to provide further information: nytoyotahelp.com.

Tags: Cuomo, NY, Toyota, toyota recall
Posted in Automotive, Defective Products, Emerging Issues | No Comments »

Jillian Michaels: The Real Reveal

February 18th, 2010. By AbiK

[Remember this little tidbit as you read this: Jillian Michaels’ father was a personal injury lawyer. Got it?]

So I’m trolling the net for some background on personal trainer and weight-loss-guru-turned-PR-quandry, Jillian Michaels. Most of the buzz is about her diet pills and the—surprise!—contention that no, perhaps they really don’t work weight loss wonders and are now the focus of a lawsuit…or two…or three.

But I’m over the Maximum Strength Calorie Control diet pill thing. Deceptive advertising? Looking like it. Lack of integrity? Uh, yeah. Potentially putting greed ahead of realistically attainable results at the expense of the emotional and physical struggles of her weight-challenged following? Well, that’s for others—and Jillian—to figure out.

As with a number of marketing efforts that rely on celebrity or boastful claims, what’s out there in print may undoubtedly come back to haunt you. So let’s take a little gander and look at some recent quotes from Jillian—her recent Ladies’ Home Journal interview is a good place to start—and it’s only from last month. Are you still remembering what I asked you to remember at the beginning? Then these quotes really need no explanation. Read on:

Jillian Michaels LHJ quote #1:

“There was this time when my parents were going through some s— and I was sparring with my instructor, and he kept kicking me. I thought he’d stop if I cried, but the more I cried, the harder he kicked. And he was like, ‘I don’t give a f—, if you don’t fight your way out of this corner I will kill you.’ And so I fought my way out of the corner.”

And this, Michaels believes, is the approach that’s necessary for people who have been making excuses for Read the rest of this entry »

Tags: diet pills, Jillian Michaels, weight loss
Posted in Defective Products, Emerging Issues, lawsuits | 1 Comment »