案例库 · 法务与合规 · 法务决策 · 2017-2023
这条还没译成中文,下面是英文原文。
Whirlpool sat on 157 self-igniting cooktop reports before telling anyone
Whirlpool knew its cooktops could switch on by themselves from 2017, but didn't report the hazard until it had 157 incidents — a delay that cost $11.5 million.
Whirlpool Corporation · 2023-08-24
怎么回事
Starting in November 2017 and continuing into 2019, Whirlpool received numerous consumer reports that the surface elements on 17 models of its JennAir, KitchenAid and Whirlpool-brand electric radiant heat cooktops could turn on by themselves — a defect capable of igniting nearby objects.
US law requires a manufacturer to immediately report a defect that could create a substantial product hazard. Whirlpool had information reasonably supporting that conclusion well before it filed anything with the CPSC. By the time it reported, the company had accumulated at least 157 reports of the cooktops self-activating, including 14 reports of property damage, four reports of objects igniting, and two reports of minor burns.
Whirlpool and the CPSC jointly announced a recall on August 28, 2019. Four years later, on August 24, 2023, Whirlpool agreed to pay an $11.5 million civil penalty for the reporting delay itself — separate from the recall — and to maintain enhanced internal compliance controls with three years of annual reporting to the Commission.
为什么会这样
- Whirlpool had reports supporting a substantial-hazard conclusion well before it notified the CPSC, and kept receiving similar reports for roughly two years without reporting.
- The $11.5 million penalty was for the delay in reporting, not for the defect itself — a separate, deliberate decision to hold back information the law required Whirlpool to disclose immediately.
教训
157 reports of a cooktop igniting on its own accumulated before Whirlpool told the regulator — the $11.5 million penalty wasn't for the defect, it was for the two years spent not reporting it.
后来呢
Whirlpool's settlement required three years of annual compliance reports to the CPSC on its internal controls and audits, a monitoring arrangement imposed specifically because the company had been found to sit on hazard information rather than disclose it as required.
资料来源
- PR Newswire — Whirlpool Agrees to Pay $11.5 Million Civil Penalty for Failure to Immediately Report Glass Cooktops Posing Burn and Fire Hazards
- AboutLawsuits.com — Whirlpool Fined $11.5M for Failing to Report Recalled Glass Cooktop Burn Injuries and Fire Risks
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