DoJ Says Stanley Black & Decker Delayed Reporting of Hazardous Products - Modern Distribution Management

DoJ Says Stanley Black & Decker Delayed Reporting of Hazardous Products

The U.S. Justice Department filed a civil complaint against SB&D, alleging the toolmaker failed to promptly report safety hazards tied to certain DeWALT utility bars and miter saws. The case seeks civil penalties and injunctive relief.
Gothenburg, Sweden - May 10 2024: DeWalt miter saw on a stand.

The U.S. Department of Justice, jointly with the U.S. Consumer Product Safety Commission (CPSC), has filed a civil enforcement action against Stanley Black & Decker, Inc. alleging violations of the Consumer Product Safety Act (CPSA) for failing to promptly report safety hazards associated with certain utility bars and miter saws to federal regulators. The complaint was filed on December 22 in the U.S. District Court for the District of Maryland.

According to a Dec. 22 DoJ news release, the CPSA requires manufacturers, distributors and retailers of consumer products to “immediately” report to the CPSC any information that reasonably supports the conclusion that a product defect could create a substantial product hazard or an unreasonable risk of serious injury or death. The complaint alleges that SB&D — a global provider of hand tools, power tools, outdoor products and related accessories — knowingly failed to meet this obligation with two product lines.

The first category at issue involves DeWALT utility bars, multi-functional hand tools used for prying, ripping and wrecking. The government alleges SB&D began receiving numerous reports of the utility bars breaking unexpectedly soon after production began in late 2015 — including feedback directly from consumers and through a national retailer that bars were snapping back during use and, in some cases, causing serious injuries. Despite those reports, the company allegedly did not fully notify the CPSC until May 2019.

The second product category involves certain DeWALT miter saws. The complaint states that between 2019 and 2022, Black & Decker received hundreds of reports that the rear protective guards and plastic deflectors on these power saws were breaking during use, with some reports describing laceration injuries to faces and fingers. Those safety concerns were not reported to the CPSC until June 2022, the complaint alleges.

The suit seeks monetary civil penalties and injunctive relief to prevent future violations of the CPSA. DOJ and CPSC officials emphasized that timely reporting under the statute is critical to protecting consumers from hazardous products. DOJ Civil Division leadership noted their commitment to enforcing consumer protection statutes and holding companies accountable when they fail to properly comply with safety laws. CPSC Acting Chairman Peter A. Feldman highlighted that federal authorities will use the full weight of their enforcement powers — particularly “when dealing with repeat offenders.”

The complaint also references prior instances in which Black & Decker resolved alleged late reporting issues, including a stipulated order in 2015 requiring the company to maintain internal compliance controls to ensure adherence to CPSA reporting requirements.

The Key Takeaway

As a result of the complaint, Black & Decker could face significant financial penalties and be subject to court-ordered changes in its safety reporting and compliance procedures if the government prevails. The case underscores heightened federal scrutiny on product safety reporting protocols for manufacturers and distributors across consumer tools and equipment markets.

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