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Carpets or rugs

CPSC Recall #76-017 - March 2, 1976

Recall Summary

Recall Number76-017
Recall DateMarch 2, 1976
Remedy TypeNo Remedy Available
Units Affected197 rolls

Product

Carpets or rugs

Description

WASHINGTON, D.C. (March 3) -- The U.S. Consumer Product Safety Commission today announced it has provisionally accepted a consent agreement prohibiting Continental Industries, Inc., doing business as Modulon Carpets, Sale Creek, Tennessee, and E. M. Hicks, individually and as an officer of the corporation from manufacturing or selling any carpets or rugs which fail to meet the requirements of the Flammable Fabrics Act. Specifically the Commission found that Continental Industries' carpet style "Galveston Bay" did not meet the Standard for the Surface Flammability of Carpets and Rugs (DOC FF l-70). According to a Commission spokesperson, 197 rolls of "Galveston Bay" were manufactured and sold to Montgomery Ward for distribution to its Chicago-area retail stores in the fall of 1972. The carpeting is a nylon pile with a foam back and comes in a variety of colors. Continental Industries, as part of the provisional agreement is to notify all customers who have purchased or to whom have been delivered "Galveston Bay" of its flammability and that it may be returned to the manufacturer to be reworked or destroyed. Persons who may have this carpeting are advised to contact the place of business from which it was purchased for recall information. This agreement is for settlement purposes only and does not constitute and admission by the company that it has violated the law. Any violation of this consent agreement by Continental Industries could result in the assessment of substantial civil penalties. The Standard for the Surface Flammability of Carpets and Rugs went into effect April 16, 1971, and applies to all types of carpets and rugs used as floor covering materials regardless of their method of fabrication or the types of fibers used. Antique, oriental or hide carpeting may be excluded from this particular testing procedure pursuant to conditions established by CPSC. The complaint and consent agreement will remain on the public record for 60 days through May 3, 1976, during which time any interested person may submit comments to the Office of the Secretary, U.S. Consumer Product Safety Commission, Washington, D.C. 20207. After considering any comments, the Commission may accept the agreement or withdraw its provisional acceptance. For additional information about this consent agreement, contact the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C.20207.  

Hazard

The carpets and rugs fail to meet the requirements of the Flammable Fabrics Act.

Remedy Instructions

Persons who may have this carpeting are advised to contact the place of business from which it was purchased for recall information.  

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a No Remedy Available at no charge. If you experienced an injury, report it at SaferProducts.gov.

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Frequently Asked Questions

Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly, either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (No Remedy Available) at no cost to you.

Yes. If you were injured by a defective consumer product, whether recalled or not, you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.

In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.

If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney, parent companies, distributors, and retailers may still bear liability in some circumstances.

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