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Mattresses

CPSC Recall #76-046 - July 15, 1976

Recall Summary

Recall Number76-046
Recall DateJuly 15, 1976
Remedy TypeNo Remedy Available

Product

Mattresses

Description

WASHINGTON, D.C. ( July 16 ) -- The U.S. Consumer Product Safety Commission today announced it has provisionally accepted a consent agreement prohibiting Guild Industries Corporation, St. Petersberg, Florida, and Martin Byrd, individually and as an officer of the corporation from manufacturing or selling mattresses which fail to meet the requirements of the Flammable Fabrics Act. The agreement is now available for a 60-day period for public comment after which the Commission will make its final decision on acceptance or rejection of the agreement. Guild Industries, under the terms of the agreement, is ordered to recall all mattresses manufactured since December 23, 1973, which do not meet all federal flammability requirements. A complete refund or replacement in addition to transportation costs will be offered to customers returning non- complying mattresses. The company is further ordered to bring into conformance with the law or else destroy non-complying mattresses recalled or in inventory. Records sufficient to establish the effectiveness of the recall from consumer notification through reprocessing and or destruction are also required to be kept by Guild. The agreement is for settlement purposes only and does not constitute an admission by the company that it has violated the law. Any violation of this consent agreement Guild Industries, could result in the assessment of substantial civil penalties. Copies of the complaint and consent agreement can be obtained from the office of the Secretary, Consumer Product Safety Commission, Washington, D. C. 20207. Comments on the agreement should be received by the Office of the Secretary by September 10, 1976. For additional information about this consent agreement, contact the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.

Hazard

The mattresses fail to meet the requirements of the Flammable Fabrics Act.

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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