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"Jack-O-Lantern Votive Lite"

CPSC Recall #93011 - October 29, 1992

Recall Summary

Recall Number93011
Recall DateOctober 29, 1992
Remedy TypeRefund
Units AffectedApproximately 55,000

Where It Was Sold

Retail
discount and chain stores nationwide in 1991 and 1992.

Product

"Jack-O-Lantern Votive Lite"

Description

WASHINGTON, DC -- In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Wisconsin Pharmacal Company, Inc. of Jackson, WI is voluntarily recalling its model numbers 934 and 935 "Sundown Brand Pumpkin Scented Lamps" and model number 940 "Jack-O-Lantern Votive Light." The Halloween items are not equipped with child-resistant closures and the required warning labels are inconspicuous or absent. These products are all fuel burning lamps, intended for use as stand alone decorative lamps or as lamps to be placed inside carved pumpkins, contain liquid combustible petroleum distillates which can cause serious illness or death if ingested by a child. The model number 934 lamp is orange with black markings circling the orange container. An orange-colored chimney with black stars and jack-o-lantern around the circumference fits on the top of the container and is approximately the same diameter and height as the lamp. The model number 935 lamp is also orange in color and comes with a solid orange-colored and ribbed chimney. The lamp is decorated with black figures of bats, stars and carved pumpkins. Both lamps hold approximately 12 fluid ounces of petroleum distillate fuel. The model number 940 votive light is a solid orange color hard plastic container with no design on the container. Each votive light contains two fluid ounces of liquid petroleum distillate fuel. These lites are intended to be burned inside carved pumpkin jack-o-lanterns. None of the caps on these three styles of lamps is child- resistant as required by the Poison Prevention Packaging Act. A warning label to alert consumers of the ingestion hazard and combustibility of the lamp fuel is required under the Federal Hazardous Substances Act. The CPSC enforces the requirement that any prepackaged, low viscosity, liquid kindling fuels or illumination preparations, such as fuel for decorative or functional lanterns which contain 10 percent or more by weight of petroleum distillates, must be supplied with child-resistant packaging. CPSC became aware of this packaging problem as a result of its ongoing hazardous substances and poison prevention packaging inspection programs. Consumers should immediately return these products to the store where purchased for a refund of the purchase price. Approximately 55,000 of these three models of lamps were sold to retail, discount and chain stores nationwide in 1991 and 1992. The lamps are labeled with either "Janelle Products, Inc." or "Wisconsin Pharmacal Company, Inc." on the bottom of the container or on attached labels. Most of the lamps and votive lights have hazardous substance warning labels on the side of the container, but some warning labels may not be visible due to lack of contrasting coloring or may be missing altogether. Wisconsin Parmacal Company, Inc. initiated the recall of these lamps because of the potential hazard to children from drinking the liquid in the lamps due to the lack of child- resistant packaging. Neither the recalling firm nor the Commission is aware of any ingestion or poisoning incidents due to the Sundown brand liquid candles. The Commission is aware of several ingestions and at least one death since 1990 from similar products.

Hazard

The lamps are not equipped with child-resistant closures, and the required warning labels are either inconspicuous or absent. The lamps contain liquid combustible petroleum distillates which could cause serious illness or death if ingested by a child.

Incidents & Injuries

Neither the recalling firm nor the Commission is aware of any ingestion or poisoning incidents due to the Sundown brand liquid candles. The Commission is aware of several ingestions and at least one death since 1990 from similar products.

Remedy Instructions

Consumers should immediately return these products to the place of purchase for a refund.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a Refund 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 (Refund) 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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