A federal court in Massachusetts has instructed SunSetter Products LP to pay $9.25 million in civil penalties and maintain a compliance program. This follows allegations of SunSetter's failure to report a defect in their retractable awning covers. This defect, affecting approximately 270,000 units, could cause the awnings to spring open unexpectedly, posing serious risks to consumers.
The government filed a complaint on April 6, 2023, against SunSetter, accusing them of violating the Consumer Product Safety Act (CPSA). The complaint claimed that the company delayed reporting the defect to the Consumer Product Safety Commission (CPSC) despite being aware of consumer complaints since 2012 and confirming the safety hazard through their own testing in 2015. The covers were recalled in August 2019 after multiple injuries and one fatality were attributed to the defect.
United States Attorney Leah B. Foley emphasized the importance of prioritizing consumer safety, stating, “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 also commented on the importance of timely reporting of dangerous products, asserting that the Department of Justice will hold noncompliant companies accountable alongside the CPSC. Peter A. Feldman, Acting Chairman of the CPSC, noted this decree as "an important reminder of the affirmative obligation to report product hazards in a timely manner."
The announcement was made by U.S. Attorney Foley, Acting AAG Roth, and Acting Chairman Feldman. The legal proceedings were handled by Assistant U.S. Attorney Anuj Khetarpal and Trial Attorneys Brett Ruff and Nicole Frazer, with Renee McCune from CPSC's Office of the General Counsel.
Although a decree was reached, there has been no determination of liability in these allegations.