Cybex Settlement Puts CPSC Already Ahead of FY2019-FY2020 Tally

Cybex will pay $7.95 million to settle CPSC reporting allegations. The agency's February 11 statement was the second penalty announcement in about a month, following the January one with Kidde (PSL, 1/11/21). The two follow a multiyear dip in penalties and put FY2021 already ahead of FY2020 and FY2019 combined. CPSC announced no settlements in FY2020 and one in FY2019 for $1 million.

Unlike the Kidde settlement, agency staff negotiated the Cybex one (bit.ly/2LK6aX2) alone versus with the Justice Department. Commissioners voted 3-0-1 to accept it, and CPSC's press release (bit.ly/3jGTlJA) explained, "Commissioner [Peter] Feldman did not vote on this matter and therefore is considered to have abstained."

Cybex also agreed to the type of compliance program provisions that have become typical in such CPSC agreements. Involved were recalls of arm curl machines over weld problems (PSL, 8/31/15) and press machines due to weight bars falling (PSL, 9/3/18). Respectively: there were 85 and 27 incidents, some with serious injuries; earliest incidents were in 2002 and 1991; and reporting began in 2015 and 2018.

In other recent years, CPSC had five settlements in FY2018 totaling about $39.5 million; seven in FY2017 totaling about $34.9 million; five in FY2016 totaling some $31.3 million; nine in FY2015 totaling roughly $24.4 million; and five in FY2014 totaling approximately $7.5 million.