Home Depot to pay $5.7M civil penalty for selling recalled products

By Joe Messa

Oct 23


The United States Consumer Product Safety Commission (CPSC) has announced that Home Depot U.S.A., Inc. will pay a $5.7 million civil penalty for selling recalled products. This agreement settles claims that that the home improvement giant knowingly sold and distributed nearly 3,000 recalled items involved in 33 separate voluntary recalls between August 2012 and November 2016.

It is important to note that the selling, distribution, or offering for sale of consumer products that are the subject of a publicly announced voluntary corrective action (a recall) is prohibited by federal law.

The CPSC charged that Home Depot’s procedures failed to identify, quarantine, and prevent the sale/distribution of potentially dangerous recalled products. The items were sold in Home Depot stores off of store shelves, through sales for salvage, on the internet, and distributed through donation programs.

Hazards posed by the recalled products include fire hazards, laceration hazards, electrocution and shock hazards, and others.

Recalled items that were sold/distributed to consumers include:

  • HeathCo Motion Activated Outdoor Lights, recalled on July 26, 2012;
  • Legrand Under Cabinet Power and Light Strips, recalled on September 6, 2012, and expanded on May 15, 2014;
  • LG Electronics Electric Ranges, recalled on November 8, 2012;
  • Pramac America LLC Powermate Portable Generators, recalled on November 13, 2012;
  • Wing Enterprises Stepladders, recalled on December 11, 2012;
  • LG Electronics, Inc., Top Loading Washers, recalled on December 18, 2012;
  • CE Tech Riser Cables, recalled on April 9, 2013;
  • Nourison Rugs, recalled on May 23, 2013;
  • Soleil Portable Heaters, recalled on July 25, 2013;
  • Gree Dehumidifiers, recalled on September 12, 2013, expanded in January 2014, and reannounced in May 2014;
  • HeathCo Motion-Activated Outdoor Lights, recalled on October 30, 2013;
  • RSI Bathroom Medicine Cabinets, recalled on January 16, 2014;
  • HDX/Powermate Two-Gallon Air Compressors, recalled on February 12, 2014;
  • Genie Garage Door Openers, recalled on February 25, 2014;
  • Dyson Bladeless Portable Heaters, recalled on April 1, 2014;
  • Nest Labs Smoke/CO Alarms, recalled on May 21, 2014;
  • Cordelia Shop Lights, recalled on May 22, 2014;
  • Lithonia Quantum® ELM and ELM2 Two-Light Emergency Light Fixtures, recalled on May 28, 2014;
  • Harris Products Group Welding Torches, recalled on July 31, 2014;
  • Vornado Air Electric Space Heaters, recalled on August 14, 2014;
  • Kidde Smoke/Co Alarms, recalled on September 11, 2014;
  • Fiskars Bypass Loppers, recalled on October 8, 2014;
  • Mohawk Home Rugs, recalled on November 19, 2014;
  • Kidde Fire Extinguishers, recalled on February 12, 2015;
  • Westinghouse Lighting Glass Shade Holders, recalled on March 12, 2015;
  • Husky Vertical Bike Hooks, recalled on April 15, 2015;
  • Homelite Blower Vacuums, recalled on April 16, 2015;
  • Gerber Cohort Folding Knives, recalled on May 26, 2015;
  • Technical Consumer Products LED Down Light Fixtures, recalled on September 8, 2015;
  • Philips Lighting Halogen Flood Lights, recalled on September 10, 2015;
  • Lota Touchless Single-Handle, Pull-Down Sprayer Faucets, recalled on September 10, 2015;
  • Bosch Slim Grinders, recalled on May 11, 2016; and
  • Honda Mini Tillers, recalled on May 25, 2016.
     

In addition to paying the $5.7M civil penalty, Home Depot must maintain a complicance program to ensure that consumer products deemed unfit for the retail market by the CPSC do not remain on store shelves and are properly disposed of.

Home Depot Should Maintain Customer Safety as a Top Priority

It is incredibly sloppy and lazy corporate behavior by Home Depot, Inc. to allow Home Depot stores to keep recalled products on their store shelves. Consumers depend on manufacturers and distributors to offer safe and effective products that do not pose dangerous hazards to their health and well-being, and that perform in the way the product is promised to perform. Three thousand recalled items sold or distributed have the potential to injure over 3,000 Home Depot customers. Hopefully, a multi-million dollar punitive penalty will encourage and inspire Home Depot to forcibly maintain their compliance program in an effort to avoid incidents like this in the future.

New Jersey and Philadelphia Personal Injury Attorneys

The Philadelphia personal injury attorneys at Messa & Associates are experienced with cases involving defective products.  If you or a loved one has been injured by a defective or faulty product, contact the Philadelphia personal injury attorneys at Messa & Associates, P.C. for a free consultation by calling 877-MessaLaw. You can also submit an inquiry online for a free case evaluation.  Let Messa & Associates earn you the compensation you deserve.

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About the Author

Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More