Monday, October 08, 2007

New and Improved, With the Christie Todd Whitman Seal of Approval

Like Ground Zero air in an aerosol can...

Here's a product your former EPA director can really sink her fangs into:

Walter E. Friedel’s plans to waterproof the tile floors of his hot tub room using Stand ’n Seal, a do-it-yourself product sold at his local Home Depot, promised to be a quick weekend project, one he could wrap up in time to catch the Giants football game on a Sunday afternoon...

But instead of watching football that afternoon, Dr. Friedel, a 63-year-old physician, ended up being rushed to the hospital, where he would spend four days in intensive care, gasping for air, his lungs chemically inflamed...

Before Dr. Friedel bought Stand ’n Seal, at least 80 people had been sickened using it, two of them fatally.

But even then, with the threat well-documented, the manufacturer, retailer and the commission had failed to remove the hazard from the shelves.

The task of getting dangerous products out of consumers’ reach is perhaps the most pressing challenge the Consumer Product Safety Commission faces in this era of surging recalls, particularly of products from China. It is an essential part of the agency’s mission, because premarket testing is not required for consumer products in the United States.

Nancy A. Nord, the commission’s acting chairwoman, said the agency was proud of its record of moving rapidly and forcefully to pull hazardous products off the market.

“The point is to get the recall out there, to get the consumer informed of what’s happening and then try to get the product out of consumers’ hands,” Ms. Nord said in testimony to a House panel in September. “I think a recall process works very well.”

But the Stand ’n Seal case is a powerful illustration of the commission’s failure to fully live up to its mission.

Court documents show that, as the case unfolded, the product’s maker, BRTT, appeared at times to be more concerned with protecting its bottom line than with taking steps to ensure that the hazard was removed. That meant that hazardous cans of Stand ’n Seal remained on the shelves for more than a year after the 2005 recall.

And the product that BRTT initially rushed to put in its place — and which Dr. Friedel and others bought — contained the same chemical that had apparently caused injuries in the first place, the company and Home Depot now acknowledge.


Ah, the beauty of the self-correcting free market. It only took two years, two deaths, and 80 instances of sickness to acknowledge the problem.

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