FindLaw Class Action and Mass Tort Center: Recalls: CPSC: Worm Probe Recall Suit Against P&M Enterprises
NEWS from CPSC
U.S. Consumer Product Safety Commission
| Office of Information and Public Affairs |
Washington, DC 20207 |
| FOR IMMEDIATE RELEASE |
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| February 29, 1988 |
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| Release # 88-009 |
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CPSC Sues to Recall Probe Worm Due to Eloctrocution Hazard
WASHINGTON, DC -- The U.S. Consumer Product Safety Commission, today announced that it has filed an administrative Complaint against
P&M Enterprises, Caldwell, Idaho, seeking a nationwide recall of that
firm's WORM GETT'R worm probes due to an alleged electrocution
hazard. The vote on the decision to issue the Complaint was 3 to 1,
with Commissioners Carol Dawson and Anne Graham voting for and
Chairman Terrence Scanlon dissenting.
The device, when plugged into an electric outlet, is intended to
drive worms to the surface of the earth by delivering electricity
into the soil.
The Commission, an independent federal agency charged with
protecting consumers from unreasonable risks of injury, alleges that
the design of the worm probes exposes users to bare metal shafts
charged with 720 volts of electricity. While the CPSC is not aware
of any deaths or injuries attributable to the P&M probes, it is aware
of 23 deaths caused by other similarly designed worm probes. Eight
of the deaths occurred between 1971 and 1980 and the other 15
occurred since 1980. Thirteen of these deaths were to children.
P&M has sold approximately 30,000 WORM GETT'R worm probes over
the past five years.' The probes consist of steel shafts inserted
into light colored, tapered, bare wood handles. The shafts are
connected with 20 inches of 14 gauge insulated wire between each
shaft. The wire is connected to one blade of an attached male plug
20 inches from the first shaft. WORM GETT'Rs were sold with two
probes, six probes or twelve probes and have a manufacturer's
suggested retail price of about $8.00, $19.00 and $30.00
respectively.
No identifying marks appear on the product itself. The words
"WORM GETT'RS" and "P&M Enterprises" appear on the cardboard header
portion of the product's packaging. The probes were sold for sporting
goods and fishing stores and catalogues were offered by-some K-mart
stores.
The Complaint filed by the federal safety agency is like a civil
lawsuit brought on behalf of U.S. consumers asking an administrative
law judge to order the firm to stop making the dangerous probes and
to recall those already sold.
The CPSC asks anyone who has been injured, or knows of persons
who have been injured or killed by any type of worm probe, to contact
its toll free hotline by calling l-800-638-CPSC. A teletypewriter
number for the hearing impaired is l-800-638-8270.
The U.S. Consumer Product Safety Commission protects
the public from unreasonable risk of injury
or death from 15,000 types of consumer products under the agency's jurisdiction. To
report a dangerous product
or a product-related injury and for information on CPSC's fax-on-demand service, call
CPSC's hotline at (800)
638-2772 or CPSC's teletypewriter at (800) 638-8270. To order a press release through
fax-on-demand, call
(301) 504-0051 from the handset of your fax machine and enter the release number.
Consumers can obtain this
release and recall information or report product hazards to
info@cpsc.gov.
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