March 31, 2004

By: Ingrid Kelly
Website: http://www.1st-in-fitness.com

Wal-Mart and exercise equipment manufacturer sued for not reporting product defects

The U.S. Consumer Product Safety Commission announced today that the CPSC and the Department of Justice are suing Wal-Mart Stores Inc., of Bentonville, Ark., two of its subsidiaries, and Icon Health & Fitness Inc., of Logan, Utah, for failing to report serious safety hazards associated with home exercise equipment. Many of the incidents occurred at Wal-Mart stores while customers were trying out the equipment. The lawsuit seeks fines of up to $9 million from the companies. This is the first time that the government has sued a retailer in federal court for failing to report product-related injuries.

CPSC and DOJ are charging that the companies failed to report a dangerous defect with Weider and Weslo exercise gliders manufactured by Icon and distributed by Wal-Mart and its subsidiaries between 1996 and 1999, even after the companies had been notified of dozens of injuries caused by the equipment. Icon manufactured 75,000 of the gliders, many of which were distributed by the Wal-Mart companies nationwide. Under the Consumer Product Safety Act, manufacturers, distributors and retailers are required to report to CPSC products that have a defect that could create a substantial risk of injury to the public or that present an unreasonable risk of serious injury or death. The Weider and Weslo exercise gliders had a defect that allowed the seat to collapse during use, causing the user to fall abruptly and suffer severe injuries.

Wal-Mart, the world's largest retailer, and Icon began to receive information about injuries in the summer of 1996. The lawsuit alleges that Wal-Mart, its subsidiaries, and Icon were aware of dozens of injuries, including fractured vertebrae and herniated discs, but did not report them to the CPSC. Some injuries resulted in partial disability, including a compression injury to a woman's spine that left her 50 percent permanently disabled. In April 1999, Icon recalled the gliders in cooperation with CPSC.

Author Notes:

Ingrid Kelly contributes and publishes news editorial to http://www.1st-in-fitness.com.  A source of information and helpful tips on various types of fitness equipment.