SunSetter Products LP has been ordered by a federal court in Massachusetts to pay $9.25 million in civil penalties due to alleged failure to promptly report a defect in awning covers. The court also mandated the implementation of a comprehensive compliance program to prevent future violations.
The federal government's complaint, filed on April 6, 2023, accused SunSetter of not reporting a defect affecting around 270,000 protective covers used with their retractable awnings. The complaint alleged that the removal of the defective covers could result in the awnings springing open unexpectedly, potentially causing serious injury or even death to anyone in their path. The company did not report the defect until 2017, despite being aware of related consumer complaints since 2012 and confirming the safety hazard through in-house testing as early as 2015. A recall of the covers was finally issued in August 2019.
United States Attorney Leah B. Foley emphasized, “This settlement makes clear that companies must prioritize consumer safety and comply with their legal obligations to report hazardous defects in a timely manner. SunSetter’s failure to do so had tragic consequences. We will continue to hold companies accountable when they put the public at risk by disregarding federal safety laws.”
Acting Assistant Attorney General Yaakov Roth of the Justice Department’s Civil Division stated, “The failure to immediately report dangerous products puts consumers at unnecessary risk. The Department will continue to work with the CPSC to hold accountable companies that fail to follow the law.”
Acting Chairman Peter A. Feldman of the Consumer Product Safety Commission commented on the settlement: “This consent decree is an important reminder of the affirmative obligation to report product hazards in a timely manner. I appreciate the work of CPSC staff and our partners at DOJ in resolving this matter and keeping American consumers safe.”
The announcement was made by U.S. Attorney Foley, Acting AAG Roth, and CPSC Acting Chairman Feldman. Assistant U.S. Attorney Anuj Khetarpal of the Office’s Civil Division, along with Trial Attorneys Brett Ruff and Nicole Frazer of the Justice Department’s Civil Division’s Consumer Protection Branch and Renee McCune of CPSC’s Office of the General Counsel, were involved in handling the matter.
Further details regarding the Consumer Protection Branch's enforcement efforts can be found on their website at http://www.justice.gov/civil/consumer-protection-branch.
It is important to note that the claims resolved by the consent decree are allegations, and there has been no liability determination.
