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How the Actions of a Company Have Negatively Affected Consumers

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MGM365-1501A-04: The Legal and Ethical Environment of Business
Task Type: Individual Project Deliverable Length: 850–1,100 words
There are many examples of how the actions of a company have negatively affected consumers. Product recalls, bans, and warning labels have helped to protect consumers and companies are focusing more today on social responsibility. Examine why has there been such a relatively high number of these incidences and what companies can do to protect consumers.
Assignment Guidelines: * What legal and ethical responsibilities do companies have to their customers? * Cite and discuss in detail two cases in which a company endangered customers because of the manufacture or design of their products. How did the company address the issue? * What consequences did the companies in the cited cases face and were these consequences warranted? Why or why not?
Compose your findings in a Word document (850–1,100 words), and be sure to cite your sources.

Abstract There has been an increase in the number of product recalls, bans, and warning labels in recent years, which could be attributed to increased consumer awareness or better product testing. Consumers expect businesses to operate in both an ethical and legal manner. Businesses that are found to be operating outside of legal parameters will be subject to fines and other penalties enforceable under the Consumer Product Safety Act.

W3 Individual Project In recent years, there has been an increase in product recalls, bans, and warning labels, which experts attribute to better product testing and more oversight by regulators. In addition, the use of social media has given a medium in which consumers can discuss issues they have with products with other consumers and bring awareness of those issues directly to the companies that make or sell those products (Doering, 2012). Consumer awareness regarding product safety has increased which is why there is an increase in these incidences.

Ethical and legal responsibility All businesses within the United States have a legal responsibility to abide by all federal and state laws regarding product safety and unfair or deceptive business practices. A business has an ethical responsibility towards its customers by making a commitment to improve the lives of others, which is accomplished through the enactment of a corporate social responsibility policy. Businesses owe their customers safe and reliable products that are free from defects or that could cause injury when used. When businesses do not act in an ethical manner it can lead to legal consequences such as having their products recalled or being assessed a penalty for the infraction (Editorial Board, 2012). The legal responsibility a company owes its customer is different from an ethical responsibility. In an effort to protect, the public from unsafe consumer products Congress enacted the Consumer Product Safety Act in 1972 and created the Consumer Product Safety Commission (CPSC). Since the enactment of the Consumer Product Safety Act there has, been several revisions with the latest being in 2008 known as the Consumer Product Safety Improvement Act (CPSIA). The Consumer Product Safety Commission has the authority to recall products under its jurisdiction that fail to comply with current safety regulations and has the authority to assess penalties and fines to those businesses that manufacture or distribute those products (Cheeseman, 2013).

Case #1 – Fiskars Brands Inc. In 2011, Fiskars Brands Inc. and the Consumer Product Safety Commission (CPSC) issued a joint statement recalling the Gator Combo Axe. The Gator Combo Axe is a hatchet type axe with a knife stored inside the handle, which is held in place by two small magnets. These magnets were not strong enough to hold the knife in place while the axe was in use. In 2005, Fiskars started receiving complaints that the knife, stored inside the handle, would dislodge during use and cause laceration injuries to consumers. Many of the reported injuries required sutures with some requiring surgery due to the severity of the laceration ("Gerber legendary blades,," 2015). Fiskars Brands Inc. faces civil penalties, not because of the product defect itself but because Fiskars did not report a defective product to the Consumer Product Safety Commission (CPSC) in a timely manner. Fiskars Brands Inc. did not immediately notify the Consumer Product Safety Commission (CPSC) when Fiskars received its first confirmation that an injury to a consumer was a direct result using of the Gator Combo Axe. Fiskars, as required by law, should have notified the Consumer Product Safety Commission immediately upon receiving notification of a possible defect with the axe in order to protect other consumers from possible injury. Because of this failure to notify in a timely manner, Fiskars is subject to civil penalties. Fiskars Brands Inc. and the Department of Justice (DOJ) have agreed to a settlement in the case that includes paying a civil penalty of 2.6 million dollars. In addition, Fiskar is to create and maintain a system for tracking and reporting information regarding product safety hazards. The agreement between Fiskars and the Department of Justice concludes that Fiskars did not admit to knowingly violate Consumer Product Safety Commission (CPSC) regulations ("Manufacturer fiskars brands," 2014). It would seem that although the settlement holds Fiskars responsible for a product safety issue, which was warranted because it did not report an issue in a timely manner. Fiskars should have been held more responsible for the defective product. The use of an axe or knife or a combination of both, in itself poses a risk to the user, having a knife imbedded in the handle would undoubtedly pose an even greater risk especially if the knife was not properly secured within the handle such as with this case. The consequences of Fiskars actions could have been more severe had there not been a settlement in the case.

Case #2 - Electrolux In 2008, Electrolux Home Products, Inc. (Electrolux) recalled certain Kenmore Electrolux gas wall ovens due to a fire hazard. There were several reports of gas building up in the oven while the oven was set to broiler. Thus catching on fire and causing burns to consumers. The injuries were reported between February 2006 and November 2007. However, in 2005, Frigidaire Canada, identified the defect and implemented a fix of the flaw in March 2006. The Department of Justice’s Civil Division and Electrolux Home Products, Inc. agreed to a settlement in which Electrolux is to pay $750,000 civil penalty and is to implement a system for recording and tracking product safety hazard information ("Electrolux agrees to," 2014). Case number two is similar to case number one, in that both companies agreed to a settlement regarding failure to report a defect in a timely manner as opposed to the defected product itself. It could be argued that Electrolux’s civil penalty fee was considerably less than those in similar cases were because Frigidaire Canada had reported the defect and implemented a fix. That is the reason why the consequences were appropriate for the failure to report a defect in a timely manner.

The Consumer Product Safety Commission has the authority to recall products and impose penalties or other fines to businesses that fail to comply with current laws and regulations. Through the settlement agreements made with both Electrolux and Fiskars, though neither admitted to knowingly violate the Consumer Product Safety Act, both companies acted unethically and illegally and agreed to pay a civil penalty and incorporate a tracking system for product safety hazards reported to them. Although, this will not change what has already happened it will help to make better, safer product in the future.

References
Cheeseman, H. R. (2013). Business law: Legal environment, online commerce, business ethics, and international issues. (8th ed.). Upper Saddle River, NJ: Prentice Hall. Retrieved from http://wow.coursesmart.com/9781256694755
Doering, C. (2012, June 10). Surge in products being recalled may be numbing consumers. Retrieved from http://usatoday30.usatoday.com/news/nation/story/2012-06-08/product- recall-surge-consumer-fatigue/55466398/1
Editorial Board. (2012). Introduction to business law. Retrieved from http://wow.coursesmart.com/9781934920626
Electrolux agrees to pay $750,000 civil penalty for delay in reporting oven hazard. (2014, May 14). Retrieved from http://www.justice.gov/opa/pr/electrolux-agrees-pay-750000-civil- penalty-delay-reporting-oven-hazard
Gerber legendary blades, division of fiskars brands inc., agrees to $2.6 million civil penalty, internal compliance improvements for failure to report defective gator combo axe. (2015, January 05). Retrieved from http://www.cpsc.gov/en/Newsroom/News- Releases/2015/Gerber-Legendary-Blades-Division-of-Fiskars-Brands-Inc-Agrees-to-26- Million-Civil-Penalty/
Manufacturer fiskars brands inc. agrees to pay $2.6 million civil penalty for delay in reporting "gator combo axe" safety hazard. (2014, December 31). Retrieved from http://www.justice.gov/opa/pr/manufacturer-fiskars-brands-inc-agrees-pay-26-million- civil-penalty-delay-reporting-gator

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