UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
SOUTHERN DIVISION
1
UNITED STATES OF AMERICA 1
)
Plaintiff, 1
1
V. ) Case No.
1
WAL-MART STORES, INC., )
a Delaware Corporation, SAM'S EAST, INC.,)
a Delaware Corporation, SAM'S WEST, INC., )
a Delaware Corporation, and 1
ICON HEALTH & FITNESS, INC., 1
a Utah Corporation, ) 1
Defendants. 1
) JURY TRIAL
COMPLAINT
Plaintiff, United States of America, by its undersigned attorneys, alleges:
JURISDICTION AND VENUE
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. $5 133 1,
2. This Court has venue in this matter pursuant to 28 U.S.C. $5 1391(b), (c), and
NATURE OF THE CLAIM
3. Plaintiff, the United States of America, seeks civil penalties and injunctive
Icon Health & Fitness, Inc. ("Icon"), Wal-Mart Stores, Inc. ("Wal-Mart"), Sam's
West, Inc., for failing to give the Consumer Product Safety Commission ("CPSC" or
timely notice of defective products that could create substantial product hazards
unreasonable risks of serious injury to consumers. Specifically, the United States
because the defendants failed to report a dangerous defect and unreasonable risk of
equipment manufactured by Icon and distributed by Wal-Mart, Sam's East, and Sam's
these companies had been notified of dozens of injuries caused by the equipment -
occurred in Wal-Mart's, Sam's East's, and Sam's West's own stores. The United
relief against the defendants because they continue to deny that they have any
defects, risks, and injuries.
DEFENDANTS
4. Wal-Mart is a retailer, and is the parent company of the wholly owned
and Sam's West, Inc., both doing business as "Sam's Club." Wal-Mart, Sam's East,
SNIPPETS:
Plaintiff, United States of America, by its undersigned attorneys, alleges:
Plaintiff, the United States of America, seeks civil penalties and injunctive relief against
equipment manufactured by Icon and distributed by Wal-Mart, Sam's East, and Sam's West, even
The United States seeks injunctive relief against the defendants because they continue to
There are at least 25 Wal-Mart stores and 11 Sam's Clubs located in Maryland.
Icon is a manufacturer and marketer of fitness equipment incorporated in Utah.
CONSUMER PRODUCT SAFETY ACT, 15 U.S.C. 6 2051 et. seq.
The CPSC is an independent federal agency that was created to protect the public against
Under the CPSA, "[elvery manufacturer of a consumer product.
contains a defect which could create a substantial product hazard" must "immediately inform
The CPSA also requires any manufacturer, distributor, or retailer who "obtains information
creates an unreasonable risk of serious injury or death" to "immediately inform the
Because of this time limit, the regulations permit initial reports to be made by telephone to
Any person who knowingly fails to furnish such information may be punished by the assessment
Among its many products are three exercise machines: the Weider Power Glide, model WECR4406,
The Weider and Weslo machines were produced for sale to consumers for use in or around a
A link-arm supporting the seat on these products was designed in a way that permits it to
Between July 1996 and December 1996, Wal-Mart learned of at least ten incidents and seven
Wal-Mart submitted a partial response to this request on December 10, 1999, and has
Trial Attorneys Office of Consumer Litigation
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