NEWS from CPSC

U.S. Consumer Product Safety Commission

Fireworks Mail Order Firms Agreement

The Consumer Product Safety Commission today announced that it has entered into a voluntary compliance agreement with three firms that sold the components of banned fireworks devices and firecrackers through the mail. The firms, "Sooner Supply" formerly in the business of selling chemicals, "Triple G Paper Tube Supply Co.", selling tubes and casings, and "Chemical Literature", selling instructions and formulas, are all located in Lawton, Oklahoma. The Commission's South- western Regional Office conducted the investigation that led to this agreement.

Under the terms of the voluntary compliance agreement, the firms have agreed to stop distributing in interstate commerce firework devices containing more than 2 grains (129.59 milligrams) of pyrotechnic composi- tion, firecrackers containing more than 50 milligrams of pyrotechnic composition, and the components of firework devices and firecrackers if the components can be used to make illegal fireworks.

The agreement also requires Sooner Supply to cease selling chemicals that can be used to make banned fireworks, and the firm called Chemical Literature to cease selling instructions and formulas for making "Salutes".

The sale and use of Class B fireworks such as cherry bombs, silver salutes, M-80's or ash cans, M-l00's, M-1000's and other large exploding devices continue to be popular. Commission estimates show that during 1984, nearly 9,900 persons were treated in hospital emergency rooms as a result of injuries associated with all types of fireworks. Many of the more serious injuries may be attributed to the use of illegal Class ti B or home made fireworks. In addition, there were seven known fireworks related deaths in 1984.

Concerned that 57 percent of fireworks accident victims are under 15 years old while 81 percent are under 25, CPSC cautions parents to prohibit children from purchasing and using illegal Class B fireworks and to closely supervise the use of legal fireworks to consumers. The Commission is particularly concerned about the sale of illegal fireworks through mail order purchases.

The Commission has increased its undercover surveillance of fireworks firms in 1985. Purchases of illegal fireworks by CPSC investigators in one weekend in late June resulted in the confiscation by local officials of nearly 2,000 illegal M-80's in Nodaway County, Missouri and approximately 3,000 M-80's in Atchison County, Missouri. Another undercover purchase in Worth County, Missouri by CPSC investigators resulted in criminal charges being filed by local enforcement authorities against two men who could receive jail sentences from 2 l/2 to 7 years : and $5,000 in fines, or both, if convicted.

In another case, the Department of Justice filed a civil action on behalf of the CPSC against J.P. Waltenbaugh d..b.a. Liberty Industries formerly of Quakertown, Pennsylvania and now located in Middlebury Center, Pennsylvania for violations of a consent decree. Waltenbaugh had agreed not to sell components that could be used to make banned fireworks. Undercover orders place by the Commission resulted in the sale of chemicals and components which could be used at home to make illegal M-80's and M-100's similar to those which were the subject of the recent Missouri actions. The court found the firm had violated the consent decree on 24 different occasions since the agreement was signed. The court fined Waltenbaugh $12,000 for violating the consent decree plus court costs of about $3,400.

The Commission cautions consumers against the purchase and use of illegal Class B fireworks devices and the mail order kits and components for making such devices. Only legal Class C fireworks can be used by consumers. Legal fireworks have the name and address of the manufacturer or importer on the label along with important directions for safe storage and use of the devices. They also must be made to comply with certain safety and performance requirements established by the Commission to reduce the potential for serious injuries.

Anyone suspected of selling illegal Class B fireworks should be reported to local police, fire officials, or to the CPSC, further information on the safe use of fireworks may be obtained by calling the Commission's toll free HOTLINE at 800-638-CPSC. A teletypewriter number for the hearing-impaired is 800-638-8270.