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Product Defects

Suit Filed Claiming Defective Continental Tire Caused Deadly Rollover
11/22/2010 1:04 PM

November 23, 2010 Houston, Tx.: A rollover accident that resulted in the deaths of two people and injured four others is being blamed on a faulty tire according to a lawsuit filed by Board certified personal injury attorney Rob Ammons. The lawsuit claims a 2006 Ford Expedition rolled over after the vehicle's right rear Continental Tire detreaded.

"We will show the tire was defectively designed, manufactured, assembled, marketed and sold by Continental Tire The Americas," says Rob Ammons in the lawsuit. "The Defendant made the product unreasonably dangerous and was the producing cause of the incident and Plaintiff's injuries and damages."

The lawsuit claims the tire as sold by Continental was in a defective condition and was unreasonably dangerous. Safer alternative designs would have prevented or significantly reduced the risk of the incident and injuries without impairing the tire's utility, according to the filed petition.

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons' law practice, The Ammons Law Firm , is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.

Posted by The Ammons Law Firm

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GM Recalls the 2010 Cadillac SRX
10/15/2010 11:31 AM

General Motors announced this morning that they are issuing a voluntary recall of select 2010 Cadillac SRX crossovers. This recall is based on an independent investigation by GM over complaints of a power steering leak. In the affected 2010 SRX models, all of which were built in December of 2009, a power steering line can begin to leak and provided that the leak gets bad enough, the fluid entering the engine bay as a result of the leak can start a fire.

General Motors is quick to point out that there have been no accidents, injuries or deaths from the new Cadillac SRX recall and that from the 3,460 crossovers being recalled, the company only believes that 2 or 3 may actually be experiencing the problem. Owners of those models can expect a letter from GM later this month instructing them to return to their friendly neighborhood Cadillac dealership, where a free inspection will take place and should you be one of the unlucky people with the power steering problem , the repair will be made free of charge.

General Motors states that only 2 or 3 of the 3,406 2010 Cadillac SRX models recalled may be experiencing this power steering issue but with the recent issues pertaining to Toyota hiding quality issues; every automaker is on their toes about reporting problems. A problem like a power steering leak causing an engine fire could prove to be very dangerous, so rather than risk any more fires in consumer models, GM is pulling the trigger early and getting the vehicles back to dealerships.

Since being introduced last year, the 2010 Cadillac SRX has been one of the luxury brand’s strongest growing models, trailing only the popular Cadillac CTS lineup in monthly sales. GM being on top of this power steering issue shows the company’s dedication to quality, safety and customer satisfaction – things that GM has been criticized for in the past.

Posted by The Ammons Law Firm

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Fisher-Price Announces Several Recalls
10/04/2010 6:54 AM

Infant Toys with Inflatable Balls Due to Choking Hazard

Fisher-Price recalls about 2.8 million Baby Playzone^TM Crawl & Cruise Playgrounds^TM, Baby Playzone^TM Crawl & Slide Arcades^TM , Baby Gymtastics^TM Play Wall, Ocean Wonders^TM Kick & Crawl^TM Aquarium (C3068 and H8094), 1-2-3 Tetherballs^TM, and Bat & Score Goals^TM (in the United States and 125,000 in Canada). Reason for the Recall: The valve of the inflatable ball on these toys can come off and pose a choking hazard to young children.

Consumers should immediately remove the inflatable ball from affected product and keep away from children. Consumers may contact Fisher-Price for a free replacement kit. Do not throw the inflatable ball away before contacting Fisher-Price.
Healthy Care, Easy Clean and Close to Me High Chairs Due to Laceration Hazard

Fisher-Price recalls about 950,000 Healthy Care, Easy Clean and Close to Me High Chairs (in the United States and 125,000 in Canada). Children can fall on or against the pegs on the rear legs of the high chair resulting in injuries or lacerations. The pegs are used for high chair tray storage.

Consumers should immediately stop using the recalled high chairs and contact Fisher-Price for further instructions on receiving a free repair kit.
Little People Wheelies Stand ‘n Play Rampway Due to Choking Hazard

Fisher-Price recalls about 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampways (in the United States and 20,000 in Canada). The wheels on the purple and the green cars can come off, posing a choking hazard to young children.

Consumers should immediately take the affected toy cars away from children and contact Fisher-Price for free replacement cars.
Children's Trikes Due to Risk of Serious Injury

Fisher-Price recalls about 7 Million Fisher Price Trikes and Tough Trikes toddler tricycles (in the United States and 150,000 in Canada). A child can strike, sit or fall on the protruding plastic ignition key resulting in serious injury, including genital bleeding.

Consumers should immediately place the trikes out of children's reach and contact Fisher-Price for instructions on receiving a free replacement key.

Posted by The Ammons Law Firm

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Black and Decker Recalls Cordless Electric Lawnmower for Laceration Hazard
09/29/2010 11:33 AM

WASHINGTON, Sept. 29 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Black & Decker and Craftsman brand cordless electric lawnmowers

Units: About 160,000 (these lawnmowers were previously recalled for a fire hazard)

Manufacturer: Black & Decker (U.S.) Inc., of Towson, Md.

Hazard: The lawnmower's motor and blade can unexpectedly turn on after the mower's safety key is removed, posing a laceration hazard to consumers. Removing the safety key is designed to keep this from occurring.

Incidents/Injuries: Black & Decker has received 34 reports of the motor operating after removal of the safety key, including two incidents that resulted in finger lacerations, one requiring stitches.

The recalled cordless electric mowers were sold under both the Black & Decker and Craftsman brand names. The recalled Black & Decker mowers have model number CMM1000 or CMM1000R. All date codes and types are included. The date code and type information are both located on a silver and black label affixed to the rear door of the mower. The Black & Decker mowers have either an orange or green deck with a black motor cover. The Craftsman-brand mowers have model number 900.370520 and include all date codes and types. The model number is located on the silver and black label affixed to the rear door of the mower. The Craftsman-brand mowers have a dark green deck with a black motor cover.

Sold at: Home center, hardware and discount stores and authorized Black & Decker dealers nationwide from September 1995 through December 2006 for about $450. Craftsman-brand mowers were sold at Sears and Orchard Supply Hardware stores nationwide from January 1998 through December 2000 for about $450.

Manufactured in: United States, Canada and Mexico

Posted by The Ammons Law Firm

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Hyundai Recalls 139,500 Sonatas
09/27/2010 8:41 AM

 

 

Hyundai is recalling 139,500 Sonata sedans because a manufacturing defect could cause drivers to lose control of steering, the automaker said.

The recall afffects new Sonatas built between Dec. 11, 2009 and Sept. 10. Connections in the steering column shaft were either improperly assembled or not tightened enough, the National Highway Traffic Safety Administration said Sunday.

The government had opened the investigation in August. The problem could cause the steering wheel to separate from the column -- not an inconsquential issue -- or drivers could lose the ability to steer the car.

Automakers are facing tighter recall standards this year, following Toyota's massive global recall for two issues that caused sudden acceleration.

Posted by The Ammons Law Firm

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Investigators: Egg Officials Knew of Salmonella
09/15/2010 8:15 AM

WASHINGTON (AP) - The Iowa egg farm at the center of a massive salmonella outbreak received hundreds of positive results for salmonella in the two years before its eggs sickened more than 1,500 people, congressional investigators said Tuesday.

In a letter to the company's owner, the House Energy and Commerce Committee said its investigators had obtained records showing Wright County Egg received 426 positive results for salmonella between 2008 and 2010. The company recalled 380 million eggs in August after its products were linked to hundreds of illnesses.

The committee said the positive results found over the last two years included 73 samples that were potentially positive for Salmonella Enteritidis, the strain responsible for the recent outbreak.

In the letter to Austin "Jack" DeCoster, the owner of Wright County Egg, committee chairman Henry Waxman, D-Calif., and investigations subcommittee chairman Bart Stupak, D-Mich., said they were concerned that DeCoster did not inform them of the positive results when the panel asked him to provide documents in August. One of the questions the panel asked DeCoster was to show dates and results of all positive findings after microbiological testing.

DeCoster, a Turner, Maine, native, has an ownership stake in Maine Contract Farming in Turner - formerly DeCoster Egg Farms - which has about 5 million hens and is the largest egg producer in New England.

No Maine eggs have been linked to contamination .

"When you testify before the committee, we ask that you come prepared to explain why your facilities tested potentially positive for Salmonella Enteritidis contamination on so many occasions, what steps you took to address the contamination identified in these test results, and whether you shared these results with FDA or other federal or state food safety officials," Waxman and Stupak wrote.

DeCoster is scheduled to testify before the panel next week. In a statement attributed to unidentified officials of Wright County Egg, the company said it has already provided some positive results to the committee and the Food and Drug Administration and will continue to do so.

"While we were terribly disappointed to find positive results for Salmonella Enteritidis in eggs, the results affirmed the appropriateness of our voluntary recall," the statement said.

According to the committee, the company received as many as 67 positive results this year alone before the FDA investigation in response to the August recall. That includes one positive result for Salmonella Enteritidis on July 26, less than three weeks before the company recalled the eggs. The recall eventually grew to more than a half-billion eggs and included another company, Hillandale Farms, that also has ties to DeCoster.

The letter does not say how the committee obtained the results or from whom. The testing appears to have been done by a veterinary diagnostic laboratory at Iowa State University, which is listed on reports of the results released by the committee. A spokesman for the laboratory was not immediately available for comment.

The reports also say the results were forwarded to the Agriculture Department's National Veterinary Services Laboratories to confirm the presence of salmonella, indicating some at the department may have known about the instance of salmonella at DeCoster's farm.

A spokeswoman for the Animal and Plant Health Inspection Service, which oversees the labs, said the agency does thousands of confirmatory tests for universities or states and sends them back to the labs.

"Most of the time we don't even know where the samples came from," said Lyndsay Cole. "Just the presence of salmonella doesn't predict where an outbreak would be."

DeCoster is no stranger to tangling with the government. He has paid millions of dollars in state and federal fines over the years for health, safety, immigration and environmental violations at his farms.

The specific cause of the outbreak is still unknown, and though there is evidence of salmonella at the farms it is still unclear whether it was ever in the company's eggs.

Reports released last month by the FDA show many different possible sources of contamination at both farms, including rodent, bug and wild bird infestation, uncontained manure, holes in walls and other problems that could have led to the outbreak. The FDA also found positive samples of Salmonella Enteritidis.

No deaths have been reported due to the outbreak, but the number of illnesses - which can be life-threatening, especially to those with weakened immune systems - could still increase.

The federal Centers for Disease Control and Prevention has said this is the largest outbreak of this strain of salmonella since the start of the agency's surveillance of outbreaks in the late 1970s. For every case reported, there may be 30 that are unreported, the CDC said.

Thoroughly cooking eggs can kill the bacteria, but health officials recommended that people throw away or return the recalled eggs.

Posted by The Ammons Law Firm

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Complaints Ignored Says Ex-Egg Farm Workers
09/03/2010 10:02 AM

"I complained that that was wrong because they were old eggs, and the USDA person said it was OK because they do it all the time," he said.

Weaver said USDA graders must report unsanitary or other conditions that would require them to withhold grading services.

Graders are paid through fees producers pay to the USDA. Only graded eggs can be sold to consumers at stores. Weaver said an investigation of Wright County Egg was continuing.

Agriculture Secretary Tom Vilsack said in a statement to the Associated Press that the recall "exemplifies the critical need to make significant improvements" in the nation's food safety system and that the Obama administration had made food safety a top priority.

Not inspected
Part of the issue is that the FDA and the USDA split responsibility for egg-laying operations, with the FDA overseeing areas where hens lay eggs and the USDA in charge of the eggs as they are packaged. Spokeswomen for Wright County Egg and Hillandale Farms said there had been no inspections of the egg-laying areas.

"Prior to this review, our farm had not been inspected by the FDA," said Wright County Egg spokeswoman Hinda Mitchell. The same was true at Hillandale Farms, said spokeswoman Julie DeYoung.

FDA officials said new rules that took effect July 9 requiring more testing and inspections could have helped prevent the contamination.

Previously, the agency didn't have a system for visiting sites, instead focusing on farms primarily when they were linked to an outbreak, spokesman Dick Thompson said.

The "USDA has been working to close gaps and improve the safety of the meat, poultry and processed egg products over which we have authority and the FDA is taking action to address the fact that they have not had all of the tools needed to prevent outbreaks in areas where they have authority, such as shell eggs," Vilsack said.

"The new rules FDA put into place last month help address gaps that existed, but we must pass the food safety legislation currently before Congress that will help FDA prevent outbreaks like this one," he added.

Power of recall
The bill would give the Food and Drug Administration the power to order a food recall rather than merely request one.

The agency would increase the frequency of inspections at processing plants and other facilities, something the food industry would help pay for. The bill also would require importers to verify the safety of their foreign suppliers and would require businesses that manufacture and process food to have in place plans to prevent impurities.

The USDA currently has an egg surveillance program in which inspectors visit packing facilities four times a year to ensure eggs are properly graded, but they don't go into hen houses.

State inspectors could examine egg packaging areas, but not areas where hens laid eggs because of rules prohibiting people from walking back and forth between buildings that are aimed at preventing contamination.

David Werning, a spokesman for the Iowa Department of Inspections and Appeals, said state inspectors can cite operations if they note problems, but he couldn't recall that the agency had ever done so. Until this week, he said, the agency had never received a complaint about an egg farm.

It received the first about an operation not connected to Wright County Egg or Hillandale Farms, but Werning attributed the complaint to publicity about those two farms.

"People are becoming more aware and saying 'I heard this is going on,'" Werning said.

Posted by The Ammons Law Firm

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Older Jeep Grand Cherokees Investigated for Fuel Tank Defects
09/01/2010 6:31 AM

AutoBlog has an interesting post today about a study of some Jeep Grand Cherokees for a particular fuel tank defect .The National Highway Traffic Safety Administration has launched an investigation into 1993-2004 Jeep Grand Cherokees over concerns that their rear-mounted gas tank may be prone to rupture in the event of an accident. The agency has recorded 44 instances where a ruptured fuel tank may have contributed to a total of 55 deaths resulting from fire.

The Center for Auto Safety, a consumer advocacy group founded by Ralph Nader, requested the NHTSA investigation. In response to the Washington-based group's petition, NHTSA issued the following in a statement: "The existence of these post-crash fires does not, by itself, establish a defect . Further review and investigation into these incidents is needed." And so an investigation we shall have.

A preliminary report from NHTSA suggested that there wasn't any evidence that the 1993-2004 Grand Cherokee's fuel tanks were "over-represented for post-crash fires ." If this investigation leads to a recall, Chrysler has indicated that it will cooperate with the agency.

Posted by The Ammons Law Firm

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Major Meat Recall Hits U.S.
08/26/2010 8:21 AM

(CNN) -- Zemco Industries in Buffalo, New York, has recalled approximately 380,000 pounds of deli meat that may be contaminated with bacteria that can cause a potentially fatal disease, the U.S. Department of Agriculture announced Monday.

The products were distributed to Wal-Marts nationwide, according to the USDA's website.

The meats may be contaminated with Listeria monocytogenes, which was discovered in a retail sample collected by inspectors in Georgia. The USDA has received no reports of illnesses associated with the meats.
Upon learning of the voluntary recall, Wal-Mart immediately told its stores to remove the meat from their shelves, the company said in a statement.

"Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease," according to the USDA. "Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea.
"Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy," the USDA said.

The products subject to recall are:

-- 25.5-pound cases of "Marketside Grab and Go Sandwiches BLACK FOREST HAM With Natural Juices Coated with Caramel Color" with the number 17800 1300.
-- 28.49-pound cases of "Marketside Grab and Go Sandwiches HOT HAM, HARD SALAMI, PEPPERONI, SANDWICH PEPPERS" with the number 17803 1300.
-- 32.67-pound cases of "Marketside Grab and Go Sandwiches VIRGINIA BRAND HAM With Natural Juices, MADE IN NEW YORK, FULLY COOKED BACON, SANDWICH PICKLES, SANDWICH PEPPERS" with the number 17804 1300.
-- 25.5-pound cases of "Marketside Grab and Go Sandwiches ANGUS ROAST BEEF Coated with Caramel Color" with the number 17805 1300.
The meats were produced on dates ranging from June 18 to July 2, 2010.

The "Use By" dates range from August 20 to September 10, 2010.
Wal-Mart noted the recall involves Marketside Grab and Go sandwiches, but not individual packages of deli meat. "We encourage customers who recently purchased this item to return it for a full refund," the company statement said.

Posted by The Ammons Law Firm

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Product Recall Roundup This Week
08/16/2010 7:08 AM

NEW YORK - Wooden toy rattles and video baby monitors are among the recalled products in this week's roundup. A few food items are included, too, along with some dietary supplements used for erectile dysfunction. Plus, there's another auto recall to add to the mix.

Here are the recalled items this week:

WOODEN TOY RATTLES

DETAILS: Wooden toy rattles, manufactured in China and distributed by P. Graham Dunn, of Dalton, Ohio, have been recalled. They were sold by gift and book stores around the country between June and July.

WHY: The internal metal rattle can be exposed and pose a choking hazard.

INCIDENTS: The company has received four reports of exposed rattles, but no reports of injuries.

HOW MANY: About 500

FOR MORE: Call 800-828-5260; or visit http://www.cpsc.gov.

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WIRELESS VIDEO BABY MONITORS

DETAILS: Levana wireless video baby monitors, manufactured in China and distributed by Circus World Displays Limited of Ontario, Canada, have been recalled . The cameras were sold by BB Buggy and Health and Safety stores, as well as online.

WHY: The wiring can overheat, posing a burn hazard.

INCIDENTS: The company has received two reports of overheated cameras, but no reports of injuries.

HOW MANY: About 800

FOR MORE: Call 866-946-7828; or visit http://www.cpsc.gov.

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ERECTILE DYSFUNCTION PRODUCTS

DETAILS: Products for erectile dysfunction sold under the following names are recalled: Stiff Nights, Aziffa, Size Matters, Erex, Mojo, Hard Drive, Eyeful, Red Magic, Straight Up, Zotrex, Monster Excyte, WOW, Xaitrex, Verect, Prolatis, Xytamax, Maxyte, Libidinal, OMG, OMG45 and Zilex (with Golden Spear). All lots of the products with manufacture or distribution dates prior to June 17 are being recalled.

WHY: Novacare LLC has been informed by the Food and Drug Administration that the products appear to contain sulfoaildenafil, an FDA-approved drug used as treatment for male erectile dysfunction. Sulfoaildenafil is not declared on the product labels. The undeclared ingredient may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates.

INCIDENTS: No illnesses or adverse effects have been reported, the company said.

HOW MANY: Not specified.

FOR MORE: Call 801-290-1738; or visit http://www.fda.gov/Safety/Recalls/ucm221958.htm

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PORTABLE DEHUMIDIFIERS

DETAILS: The Consumer Product Safety Commission is repeating a December 2009 recall of portable dehumidifiers, because of additional reports of incidents involving these items. The dehumidifiers, manufactured in China by LG Electronics Tianjin Appliance Co. They were sold at Home Depot, Walmart and Heat Controller Inc. stores nationwide between January 2007 and June 2008.

WHY: An internal component can short circuit, posing a risk of fires.

INCIDENTS: The initial recall announcement included 11 reports of incidents involving the dehumidifiers. The company has since received four additional reports of fires, including one that resulted in significant damage. No injuries have been reported.

HOW MANY: 98,000

FOR MORE: Call 877-220-0479; or visit http://www.30pintdehumidifierrecall.com or http://www.cpsc.gov.

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FROZEN MAMEY PULP

DETAILS: Goya Foods Inc. of Secaucus, N.J., is recalling 14-ounce packages of frozen mamey pulp, a fruit pulp added as a thickener in milkshakes and smoothies. It was available at stores in Alaska, Arizona, California, Colorado, Hawaii, New Mexico, Nevada, Oregon, Texas, Utah and Washington. The product comes in a 14-ounce plastic package and is not marked with a lot number or expiration date. The UPC is 041331090803.

WHY: It could be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections in young children and others with weakened immune systems.

INCIDENTS: At least seven cases of typhoid fever have been linked to the product by the Centers for Disease Control and Prevention.

HOW MANY: Not specified

FOR MORE: Call 800-275-4692.

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FRESH EXPRESS SALAD PRODUCTS

DETAILS: Fresh Express, of Salinas, Calif., a subsidiary of Cincinnati-based Chiquita Brands International Inc., is voluntarily recalling some of its salad products including Veggie Lovers Salad. The salad mix has a product code of I208 and use-by date of Aug. 10. The salad mix was distributed to 13 states with the potential for redistribution by customers to additional states. The product was distributed to Missouri, Michigan, Ohio, Illinois, Wisconsin, Indiana, Maryland, Massachusetts, New York, Kansas, Kentucky, Pennsylvania and New Jersey. The mix could then have been sent to Arkansas, Tennessee, West Virginia, Iowa, Minnesota, Virginia, Vermont, New Hampshire, Nebraska, Rhode Island, Pennsylvania, Mississippi and the District of Columbia

WHY: Because of a possible health risk from Listeria monocytogenes, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

INCIDENTS: No illnesses have been reported, the U.S. Food and Drug Administration said.

HOW MANY: 2,825 cases

FOR MORE: Call (800) 242-5472; or visit http://www.fda.gov/Safety/Recalls/ucm219057.htm.

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HONDA ACCORD AND CIVIC CARS

DETAILS: Honda Motor Co. is recalling Accord and Civic passenger cars including the 2003 Accord and Civic and the 2003-2004 Honda Element.

WHY: Problems with an ignition switch could allow the key to be removed without the transmission being shifted into park. The defect could lead to a vehicle rolling away and increase the risk of a crash.

INCIDENTS: The company said it has received several complaints about the ignition interlock and "is aware of a small number of related incidents, including one that resulted in a minor injury." The government received 16 complaints about the failure of the ignition interlock in 2002 and 2003 Accords. Eleven of the complaints alleged that the failure of the interlocks led to rollaway crashes.

HOW MANY: 197,000 Accords, 117,000 Civics and 69,000 Elements.

Posted by The Ammons Law Firm

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Eating Healthy Can Hurt You: Fresh Express Veggie Salad Recall
08/12/2010 9:30 AM

Once again, some leafy greens are being recalled by Fresh Express, a subsidiary of the banana bunch at Chiquita. Steer clear of batches of Fresh Express Veggie Lover's Salad marked with the use-by date of August 10 and the product code I208, the Food and Drug Administration says.

Nobody's gotten sick that the company or FDA knows about. But the agency says there is "a possible health risk from Listeria monocytogenes," a bacterium that can be deadly for pregnant women, the elderly, and people with weak immune systems.

More than 2,800 cases of the affected Veggie Lover's Salad were shipped to 13 states. From there the produce may have gone to 14 more states. The recall will continue until all cases are returned.

A random test in Ohio detected Listeria in a single bag of the salad mix. The company tested other bags and didn't find evidence of a problem, but it moved ahead with a recall just to be sure.

This is the third Fresh Express recall in the last few months. In July, the company recalled romaine lettuce salads due to potential E. coli contamination after recalling other batches in May.

Posted by The Ammons Law Firm

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Honda Recalling 400 K Vehicles
08/10/2010 6:13 AM

WASHINGTON (AP) - Honda Motor Co. is recalling the popular Accord and Civic passenger cars from the 2003 model year to address problems with an ignition switch that could allow the key to be removed without the transmission being shifted into park.

The recall involves 384,220 vehicles and also includes 2003-2004 model years of the Honda Element.

Honda says in a posting with the government that the problem with the automatic transmissions could lead to a vehicle rolling away and increase the risk of a crash .

A Honda spokesman did not immediately comment.

The recall is expected to begin in late September and owners can contact Honda at (800) 999-1009.

Posted by The Ammons Law Firm

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More Toyota Recalls- This Time for Steering
08/02/2010 6:38 AM

Toyota is recalling nearly half a million cars, most of them large sedans sold in the U.S., for problems that can cause the steering wheel to lock up. It's the latest indication that the automaker is still struggling with vehicle problems even as it works to overhaul quality control.

 

The recall, announced Thursday, affects 412,000 vehicles in the U.S. -- 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs. The recall is Toyota's largest since announcing it would fix 600,000 Sienna minivans over rusting spare tire holders in April.

 

Toyota has been embroiled in its recall crisis since October, when it announced a recall of 5.3 million cars and trucks to fix floor mats that can trap pedals and cause unintended acceleration. A number of recalls have followed, from sticky gas pedals to braking problems with the Prius hybrid to rusting frames in the Tacoma pickup.

 

Thursday's announcement brings the size of Toyota's recalls to about 9.5 million cars and trucks in the U.S. since October, with some recalls affecting models as old as the 1998 model year. That means of the 24.1 million vehicles Toyota has sold in the U.S. since 1998, as tracked by Wards AutoInfoBank, Toyota has recalled about 39 percent.

 

"I don't think it's going to end anytime quickly or easily," said George Magliano, auto analyst with the consulting firm IHS-Global Insight, of the company's recalls. "Toyota had this big run of growth. The more they grew volume and market share, the more this (quality) system started to develop cracks."

 

The Avalons recalled in the U.S. range from the 2000 model year through to 2004 and have improper casting of the steering lock bar -- the component that locks the steering wheel when the vehicle is shut off -- that can cause a crack to form on the surface.

 

Over time, the crack can expand, which can cause the steering wheel to become difficult to unlock when stationary. In some circumstances, the problem can cause the steering wheel to lock up during driving, Toyota said.

 

Three unconfirmed accidents with no injuries have been reported because of the problem, Toyota said. It will fix the Avalon steering problem by replacing a part called the steering column bracket, which houses the lock bar.

 

For the Lexus LX 470, Toyota is recalling the 2003-2007 model years to fix a different steering shaft problem, which could cause loss of steering control. No accidents have been reported from the problem, the company said.

 

For both repairs, customers will begin receiving letters in August asking them to bring their cars to dealers.

 

The LX 470 problem also affects 9,670 vehicles in Japan, two Land Cruiser models. Toyota is recalling another 6,750 vehicles in Japan, a sedan called the Pronard, for a problem similar to that experienced by the Avalon.

 

Toyota has been working to overhaul its quality control after being criticized for its slow response to vehicle flaws. It is hiring thousands of engineers to check for problems and appointing chief quality officers in its major regions.

 

"Toyota is continuing to work diligently to address safety issues wherever they arise and to strengthen our global quality assurance operations," said Steve St. Angelo, Toyota chief quality officer for North America.

 

Still, the recalls have caused the company's sales to lag in the U.S. this year, following years of rapid growth. Sales are up 10 percent for the first six months of the year, while sales for the broader industry have increased 17 percent.

 

The automaker has been luring customers back into showrooms with deep discounts and promotions. They drew buyers like Mindy Cohen, who picked up a new Corolla from World Toyota in Atlanta on Thursday. Cohen said she paid about $13,500 for the compact sedan, nearly $2,000 off the sticker price. She also said that the problems with Toyota cars and trucks have been overblown.

 

"Even if it was an issue, it's been fixed," she said. "All cars have problems."

 

Toyota was slapped with a record $16.4 million fine in the United States for failing to promptly tell the government about its car defects. It remains under investigation by a federal grand jury in New York and by the Securities and Exchange Commission.

 

The company also faces more than 200 lawsuits in the U.S. tied to accidents involving defective automobiles, the lower resale value of Toyota vehicles, and a drop in its stock value.

 

Posted by The Ammons Law Firm

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Despite Recalls Tainted Food Often Stays on Shelves
07/29/2010 7:48 AM

The LA Times writes about dangers that could be lurking on your grocery store's shelves. Until three years ago, Kenneth Maxwell enjoyed Banquet chicken and turkey pot pies so much he ate them three or four times a week. They were easy to prepare, and Maxwell could eat one for lunch and quickly return to work as an electrician.

When cases of salmonella poisoning led the pies' manufacturer, ConAgra Foods, to issue a product recall in the fall of 2007, Maxwell did not hear about it and continued to eat them. He bought several pot pies about two weeks after the recall was launched, when they should have been pulled from store shelves, and became violently ill, he said.

Maxwell's experience reflects common problems with food recalls : They routinely fail to recover all of the product they seek and, according to experts, sometimes even leave tainted foods in stores, putting consumers at risk of becoming ill from potentially deadly food-borne pathogens.

In 2009, for instance, when the U.S. Department of Agriculture was involved in 59 recalls in which the amount of food sought and recovered was known, 56 came up short of the amount they identified as potentially tainted or produced at a time when factory controls were lax.

Two of those efforts highlight how far short recalls can fall. Last July a Denver processor announced a recall of more than 460,000 pounds of ground beef tied to a salmonella outbreak but recovered only 119,000 pounds. In October a New York processor announced a recall of 545,000 pounds of ground beef tied to an outbreak of E. coli; it recovered 795 pounds, according to the USDA.

Because recalls are described as voluntary, some experts say the owners of supermarkets, especially smaller stores, can mistakenly believe it is acceptable to leave recalled products on the shelves.

And while the federal government publishes notices about recalls, it depends on the news media, manufacturers and retailers to spread the news. Many consumers are unaware a product has been recalled.

"I wouldn't have eaten them otherwise," Maxwell, of Crescent, Iowa, said of the pot pies.

Some supermarkets and big-box stores, such as Costco, use the information they have compiled about customers to notify shoppers who have purchased recalled products, in some instances even telephoning them to warn them about potentially tainted food.

But others do not, which food safety and consumer advocates find frustrating.

"The companies take your information for marketing, but they won't contact you in a recall," said Donna Rosenbaum of the food safety group Safe Tables Our Priority, or STOP. "As far as I'm concerned, that's just wrong to market to consumers - to use all that information for profit - but not to then protect their health."

A spokesman for Jewel-Osco's corporate parent said relying on the media, posting shelf notices and making sure store employees are prepared to answer customers' questions all have worked with recalls in the past.

Safeway, the parent of Dominick's food stores, contacts shoppers directly in some recalls - typically smaller ones, said spokesman Brian Dowling. But in larger recalls, he said the company's stores rely on other methods to get the word out, such as notices on store shelves and stories in newspapers and on TV and radio. Calling all the people in a large recall would be too difficult, he said.

"One size doesn't fit all," Dowling said. "We look at what information we have and consider how to best and most quickly provide information to our customers."

The USDA, researchers and food safety advocates say the urgency and the reach of recalls must be improved if recalls are to be more effective and the number of Americans sickened by food-borne pathogens is to decline.

Some consumers simply ignore recalls. A study conducted last year by a professor at Rutgers University found that 12 percent of U.S. consumers ate food they knew had been the subject of a recall.

A USDA spokesman said that in spite of the department's best efforts, "some consumers may still eat and become ill from a product listed for recall."

One reason is that people often don't get sick right away from contaminated food, meaning a week or more can pass before an illness develops and is reported to health officials - a first step to detecting an outbreak and launching a recall. In the meantime, tainted food is still being sold and eaten.

The ConAgra recall was launched on Oct. 11, 2007, after illnesses caused by salmonella were found around the country. At least 272 people were sickened by the pot pies.

Maxwell, 59, said he bought his from the Super Saver in Council Bluffs, Iowa, not far from the home he shares with his wife, Betty, in late October, about two weeks after the recall began. He said he did not keep a receipt for the pot pies because they were a regular part of his shopping.

On Nov. 6, he said, he microwaved a pot pie, and a few days later he got sick, first with nausea and then with diarrhea. Because he had no health insurance, Maxwell did not immediately seek medical attention. But Betty Maxwell called an ambulance when he was not recovering after several days. Maxwell said his wife later also became sick, apparently from treating him.

A ConAgra spokeswoman said the company confirmed that the Super Saver where Maxwell bought the pot pies had been notified of a recall. An official at B&R Stores Inc., the Nebraska-based company that owns Super Saver, said its policy is to pull a product as soon as it is recalled, but it did not have records regarding the pot pie recall and its manager at the Council Bluffs store did not remember the recall specifically.

The company said it had no customer complaint on file from the Maxwells. The Maxwells never sued ConAgra but settled a claim against the company for an undisclosed amount in August 2008, according to food safety attorney William Marler, whose firm has sued manufacturers across the country and who represented the Maxwells.

The Maxwells said they have not eaten a Banquet pot pie since the recall.

Posted by Ammons Law Firm

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Baby Matters Recalls Nap Nanny ® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported
07/27/2010 10:52 AM

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, of Berwyn, Pa., is announcing the voluntary recall of 30,000 Nap Nanny® portable baby recliners. CPSC is investigating a report of a 4-month-old girl from Royal Oak, Mich. who died in a Nap Nanny® that was being used in a crib. According to preliminary reports, the infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny® and the crib bumper.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib, contrary to the product instructions. In that incident, the infant fell over the side of the Nap Nanny®, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

CPSC and the firm have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny® despite most of the infants being placed in the harness. One infant received a bruise as a result of hanging over the side of the product.

Infants can partially fall or hang over the side of the Nap Nanny® even while the harness is in use. This situation can be worse if the Velcro^TM straps, located inside the Nap Nanny® cover are not properly attached to the "D"-rings located on the foam, or if consumers are using the first generation model Nap Nanny® that was sold without "D"-rings.

In addition, if the Nap Nanny® is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny® and become entrapped between the crib side and the Nap Nanny® and suffocate.

Likewise, if the Nap Nanny® is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. Consumers should always use the Nap Nanny® on the floor away from any other products.

The Nap Nanny® is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny® can be identified by the absence of "D"-rings in the foam base. In second generation models, the harness system has "D"-rings in the foam base and Velcro^TM straps inside the fitted fabric cover.

The recalled Nap Nannys® were sold at toy and children's retail stores nationwide and online, including at www.napnanny.com, from January 2009 through July 2010 for about $130.

 

Posted by Ammons Law Firm

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