Instead, the manufacturer chose to wait weeks until it finally notified the Consumer Product Safety Commission (CPSC), and then did so only after a physician with a Poison and Drug center threatened to contact the agency himself. (Federal law requires that a manufacturer notify the CPSC within 24 hours of determining a potential health hazard.)
Stand 'n Seal was sold exclusively through Home Depot since 2003. For some reason, in 2005 an active ingredient was switched from one supplied to Dupont to one made by Innovative Chemical Technologies (ICT) in Georgia. It was this chemical-- Flexipel S-22WS—that initiated calls to the Consumer Product Safety Commission.
Oops! Did the makers of Stand 'n Seal simply forget that Innovated Chemical Technologies stipulated its Flexipel S-22WS chemical should never be used in an aerosol form, as it could cause respiratory injury?
The spray also contained mostly butyle acetate, an industrial solvent, and hydrocarbons, chemical compounds based on crude oil--a spray the manufacturers of Stand 'n Seal claimed to be harmless and protective clothing, including facemasks and gloves, was not necessary. Their advertisements also showed a consumer spraying Stand 'n Seal in an enclosed area, without ventilation.
But the CPSC is also under fire for not acting in a timely manner. Why was there a gap of nearly three months from the time Roanoke first received a report of an illness and the official recall by the CPSC? During this time, dozens more consumers were sickened by the spray, bringing the total close to 80, and two men later died.
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Why didn't the manufacturer, the retailer and the commission remove Spray 'n Seal from Home Depot's shelves?
According to the NYT, court documents indicate that the manufacturer, BRTT (formerly Roanoke) was more concerned with protecting its bottom line than with taking steps to ensure that the hazard was removed. And in doing so, countless cans of Stand 'n Seal remained on the shelves for more than a year after the 2005 recall.