Summer safety: Class actions, recalls raise concerns for consumers

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Summer safety overview: 

• Who: Consumers concerned with summer safety can stay on top of issues related to wildfires, summer products, fireworks and sunscreen.
• Why: Consumers should be vigilant as the summer months lead to an increase in the use of products that may have been recalled or deemed dangerous.
• Where: Summer safety affects consumers nationwide.

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Consumers across the country are getting ready to try to beat the heat with summer officially in full swing.

While the summer months bring backyard barbecues and trips to the beach, it is also a time where consumers must be mindful of summer safety. 

From complaints over fireworks to wildfires, summer product safety recalls and class action lawsuits, consumers must maintain a watchful eye as temperatures begin to warm up.  

Portland, Vancouver ban sale of fireworks for personal use, lawsuit claims Los Angeles responsible for accidental explosion 

Portland officially banned the sale of fireworks earlier this year after a temporary ban in 2021 worked to dramatically decrease the number of area fires, Oregon Public Broadcasting (OPB) reports. 

In a 4-0 March vote, Portland leaders unanimously agreed to ban the sale or use of fireworks for personal use at any time in the city. 

Individuals who violate the ordinance can be fined up to $500 for a first offense while first-time sellers can face a $2,500 penalty, OPB reports. 

Vancouver, Canada is another city that decided to ban the sale of fireworks after Halloween of 2020.

Officials in Vancouver said they implemented the ban to prevent fireworks from causing property damage and injuries. 

Direct fireworks purchasers, meanwhile, filed a class action lawsuit in 2019, claiming they were financially injured by a price-fixing scheme. 

The direct purchasers claimed roughly 70% of all fireworks in the United States came from China and were imported into the country by two companies owned by one man, Ding Yan Zhong. 

The class action lawsuit against Zhong and his companies, Shanghai Huayang International Logistics Co. Ltd. and Firstrans International Co., was later dismissed, Bloomberg Law reports.

In California, meanwhile, an individual whose home was destroyed by a bungled Los Angeles Police Department (LAPD) fireworks explosion filed a lawsuit against the city last month, Fox 11 Los Angeles reports. 

The explosion, which landed 17 residents and first responders in the hospital and damaged 22 homes and 13 business, occurred last June when an LAPD bomb squad truck carrying confiscated fireworks unexpectedly exploded. 

The family whose home was destroyed in the explosion is asking for the city to pay them at least $1 million to rebuild, Fox 11 Los Angeles reports. 

Wildfires in Oregon, New Mexico, Tennessee lead to emergency rules, lawsuits against government agencies 

Summer heat and dry weather bring an increased risk of wildfires, which can result in lawsuits and the adoption of new fire safety rules. 

In Oregon, the state’s Occupational Safety and Health Administration (OSHA) adopted two emergency rules last year that were made to protect emergency workers against wildfire smoke. 

The emergency rules, which took effect in early August and lasted for 180 days, were also put in place as a safeguard against heat dangers for occupants living in employer-providing housing. 

In New Mexico, meanwhile, dozens of residents filed a complaint against the U.S. Forest Service last month that asked for more information about a wildfire that has been ongoing since April. 

The residents are part of a New Mexico community impacted by the large wildfire and claim the agency has not been transparent in providing information about the government’s role in causing the fire, ABC News reports. 

In Tennessee, meanwhile, a lawsuit filed by residents of Gatlinburg claiming the National Park Service failed to properly warn them about a 2016 wildfire remained dismissed last month after a federal judge declined a motion to change the ruling. 

Complaints filed by several insurance companies will still be able to move ahead, however, WATE 6 reports. 

Sea-Doo class action alleges ‘exploding’ jet ski defect

Consumers must also remain vigilant about summer safety when it comes to products more commonly used in the warmer months. 

Last month, a Guatemala-based business and jet skier filed a class action lawsuit against the makers of the Sea-Doo jet ski, claiming the product contains a dangerous defect that can harm riders. 

The class action lawsuit claims the Sea-Doo jet skis contain a defect that causes their intake grate to detach, which led to one exploding in Guatemala. 

Berkshire Hathaway, meanwhile, faced a similar class action lawsuit earlier this month that alleged its Forest River company manufactured recreational vehicles (RVs) that posed a fire risk on account of faulty wiring.

Forest River is accused of manufacturing model year 2002-2022 Palomino Puma Fifth Wheel RVs with faulty wiring systems that lack the proper overcurrent protection needed to prevent an electrical short.

A fire risk was also at the center of a February recall involving Husqvarna lawn mowers the company said contained lithium-ion batteries that could overheat and catch on fire. 

The Husqvarna recall occurred the same month Yamaha recalled five models of the company’s golf cars and personal transport vehicles over concerns that they contained faulty brakes which could lead to a crash hazard. 

Johnson & Johnson, Banana Boat, Copperton benzene contamination leads to sunscreen recalls, complaints, settlements 

Sunscreen has been both in the news and on the minds of consumers this year after a number of companies issued recalls and faced class action lawsuits revolving around benzene contamination. 

Valisure, an independent analytical pharmacy, revealed the presence of the cancer-causing chemical benzene in a number of cosmetic and sunscreen products in a May 2021 study. 

Last June, Valisure asked the U.S. Food and Drug Administration to remove 78 sunscreen products from store shelves due to their levels of benzene contamination. 

In the wake of the study, Johnson & Johnson, Banana Boat and Coppertone, among others, faced class action lawsuits by consumers who claimed they were not informed that some of the company’s sunscreen products contained benzene. 

The issue also led to a number of class action settlements with J&J agreeing to provide consumers who bought its benzene-contaminated Neutrogena and Aveeno sunscreen products with $1.75 million worth of vouchers in April. 

J&J previously recalled five of its Neutrogena and Aveeno brand sunscreen products over concerns they were contaminated with benzene. 

What summer safety steps are you taking this year? Let us know in the comments!

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