Peloton: No Voluntary Recall After Child's Death

The Consumer Product Safety Commission has issued an urgent warning to Peloton Tread+ treadmill owners that the machine is dangerous. After multiple incidents that resulted in injuries and the death of a toddler, the treadmill has certainly earned a risky reputation. In spite of these incidents, Peloton says they have no plans to recall the machine. In fact, Peloton officials say the warning from the CPSC is “misleading,” and that there’s no reason to discontinue use.

How Product Recalls Work

The CPSC has the power to seek mandatory recalls for products they deem unsafe or dangerous. Unfortunately, mandatory recalls are rare. In fact, the majority of product recalls are voluntary. Should a company refuse to issue a voluntary recall, the CPSC often opts to step aside and let consumers decide for themselves. That’s because to force a mandatory recall, the CPSC must file a lawsuit and pursue court orders against the company behind the product.

This is a time-consuming, expensive process. With so many procedural hurdles to jump, it can take years for the government agency to compel real change from product manufacturers. In the meantime, more Americans risk getting injured or killed by dangerous products.

Relying on the Honor System

Rather than pursue negligent companies in court and compel them to issue a recall, the CPSC relies on the honor system for recalls. They alert companies to incident reports and encourage them to issue voluntary recalls. Some companies agree; others, like Peloton, opt not to recall their products in spite of injury and fatality reports.

Though the agency can levy fines for violations of reporting requirements, the CPSC rarely issues them. Section 6(b) of the Consumer Product Safety Act limits the agency’s ability to spread the word about potentially dangerous products. The CPSC must gain the permission of the company before they can issue such warnings.

Consumer advocates have called for the repeal of section 6(b) for years. While a bill was recently introduced in the Senate to do so, lobbyists working for big businesses work hard to prevent the legislation from being repealed. Until major change comes and grants the CPSC more power, companies with dangerous products will likely continue to take advantage of this honor system.

Dangerous Products Lawyer

The Law Offices of Richard J. Serpe, PC, along with a network of co-counsel, are currently investigating cases nationwide for parents whose children have been seriously or fatally injured by the Peloton Tread+ treadmill. Contact us to discuss your potential case during a free consultation 877-544-5323.