CU comments to the CPSC urging to reconsider the provisionally-accepted agreement with Daisy Manufacturing

Office of the Secretary
Consumer Product Safety Commission
Washington, D.C. 20207
cpsc-os@cpsc.gov
Docket No. 02-2

Comments of Consumers Union of the U.S. Inc., to the
Consumer Product Safety Commission
Urging the Commission to Reconsider the
Provisionally-Accepted Settlement Agreement with Daisy Manufacturing Co., Inc.
Under Federal Hazardous Substances Act and Consumer Product Safety Act
(66 Fed. Reg. 68876)
Introduction
These comments are submitted by Consumers Union1 (CU), non-profit publisher of Consumer Reports magazine. They are in response to the Consumer Product Safety Commission’s (“CPSC” or “Commission”) request for comment on a provisionallyaccepted Settlement Agreement with Daisy Manufacturing Co., Inc. (“Daisy Manufacturing”). CU urges the Commission to reconsider its provisional acceptance of the Settlement Agreement (“Settlement Agreement”) because the Commission failed
to follow the procedural requirements governing the settlement of such cases by removing the case from review by the Administrative Law Judge (“ALJ” or “Presiding Officer”); and (ii) separate and apart from procedural requirements, the Settlement Agreement is not in the best interest of advancing consumer safety. If in fact Daisy
Powerline Airguns contain a hazardous product defect, the Settlement Agreement lacks an adequate corrective action plan (incorporating repair or replacement measures) to ensure that consumers are protected from these dangerous products.
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