CPSC fines infant-product manufacturers for failure to report hazards.

Baby-product manufacturers Cosco, Inc., of Columbus, Indiana, and Safety 1st, Inc., of Canton, Massachusetts, were assessed $1.75 million in civil penalties for failure to report known product defects that caused serious injuries and deaths to children.

Federal law requires companies to report to the Consumer Product Safety Commission (CPSC) any information they obtain that reasonably suggests that one of their products presents an unreasonable risk of serious injury or death. The CPSC charged that Cosco and Safety 1st--subsidiaries of Dorel U.SA., Inc., of Columbus, Indiana--knowingly withheld information about defects in cribs, strollers, car seat carriers, high chairs, walkers, and electrical appliances that warm baby wipes. The agency announced in April that Cosco agreed to pay $1.3 million to settle the charges. Safety 1st agreed to pay $450,000.

"These fines are a small first step toward getting the manufacturers to come clean to prevent unnecessary injuries and deaths," said attorney John Elliott Leighton of Miami, who has litigated cases against Cosco and other manufacturers of children's products.

Among the CPSC's charges against Cosco:

* The company knew of 24 nonfatal incidents of children becoming entrapped in its full-size metal cribs two years before an 8-month-old in White Lake, Michigan, died of asphyxiation in one of the cribs. Cosco changed warning labels and assembly instructions before the fatal injury but did not inform the CPSC of the dangers.

* Cosco knew about 10 incidents of injuries related to mattresses sold with its tubular metal cribs. When a baby stood up in the crib, the mattress compressed and squeezed between the bars on the crib's platform. The baby slipped between the bars and became trapped. An 11-month-old in Joliet, Illinois, died when he fell feet-first through the slats of the mattress platform and became entrapped at the neck. The manufacturer knew about the crib accidents while it was settling CPSC allegations that it did not report incidents associated with its toddler beds, but Cosco told the agency nothing.

* The company learned of children being injured in its Two-Ways Tandem Strollers but did not report this information to the CPSC. In one case, a stroller toting two children collapsed in the path of an oncoming car and was nearly hit.

Charges against Safety 1st include:

* The manufacturer discovered that children's teeth could get caught on the steering wheel of its Mobile 4 Wheelin' Walkers, but it did not inform the agency until it had received reports of six incidents, including five in which children's teeth had been pulled out.

* The manufacturer learned of defects in its walkers and wipe warmers that caused six injuries. After receiving reports from consumers, the company made design changes but failed to inform the CPSC about the products' dangers.

In the past 10 years, Cosco has recalled 12 children's products, and Safety 1st has recalled five. Both companies have been penalized in the past for failure to comply with reporting requirements: In 1996, Cosco paid a $725,000 civil penalty, and in 1998, Safety 1st paid a fine of $175,000.

CPSC Chair Ann Brown said the latest fine "is the largest ... against a manufacturer of children's products in CPSC's history. The law is there to help catch problems quickly so products can be recalled before a child is injured or killed. I want this fine to send the message that we won't tolerate companies that hide safety information from the public."

Attorney Randall Rhodes of Kansas City, Missouri, said, "This fine has publicized what those of us who litigate against Cosco have known for years: Cosco will go to any length to hide the truth about its defective and unreasonably dangerous products. Over 300 kids were injured and others killed, yet Cosco did nothing to warn parents or the federal government. That's outrageous."

Leighton said, "These manufacturers do two things: First, they put their heads in the sand and do not want to know about harm their products cause. Second, they find out about injuries, allege that they were caused by product misuse, and do nothing to prevent further injuries."

Rhodes doubts that the fine will encourage the manufacturers to change their corporate attitude toward safety and responsibility. In fact, although the companies agreed to pay the civil penalties, Dorel, the parent company, said in a press release, "Cosco and Safety 1st are entering into this agreement for settlement purposes only, to avoid incurring additional legal costs and to bring closure to this matter. Cosco and Safety 1st deny any liability or wrongdoing of any kind."

"How many more kids have to be seriously injured or killed before Cosco finally starts to accept responsibility for its defective products?" Rhodes asked. "Hopefully, none. But I fear this is wishful thinking on my part."

Nevertheless, news agencies and consumer safety advocates are publicizing the fine, so potential jurors are hearing about the CPSC's findings. "This certainly bodes well for plaintiff attorneys litigating against Cosco," Rhodes said.