After a civil penalty gap of more than two years, enforcement
activity by the Consumer Product Safety Commission (CPSC) appears
to be on the upswing, with two settlements announced in early 2021.
Most recently, on February 11, CPSC announced that Cybex International, Inc.
(Cybex) agreed to pay a $7.95 million civil penalty for alleged
late reporting of potential product safety hazards with its
exercise equipment.
The Cybex Settlement
According to the Cybex settlement agreement, the penalty arises out of two
recalls of exercise equipment.
- Arm Curl Machines: CPSC alleged that the
recalled Arm Curl Machines are defective and create a substantial
product hazard and unreasonable risk of serious injury or death
because a weld failure can cause the handle to separate
unexpectedly from the frame of the machine and strike a user in the
face. Over a more than 12-year period (2002 to 2015), Cybex
allegedly received 85 reports of broken handles, including