The Consumer Product Safety Commission (CPSC) announced last week that TJX Companies, Inc has agreed to pay $13 million in civil penalties to settle charges of selling recalled products at TJ Maxx, HomeGoods, and Marshalls stores. Between March 2014 and October 2019, the CPSC alleges that the retailers knowingly sold about 1,200 units of 21 different recalled products through its retail stores and online.
Of the 1,200 units, 960 units or almost 80%, posed a risk of infant fatalities. These products include Fisher-Price Rock ‘n Play Sleepers, Kids II Rocking Sleepers, and Fisher-Price Inclined Sleeper Accessory for Play Yards. There are dozens of reported infant deaths from these products, although none were identified with those sold by TJX.
Other recalled children’s products were also sold at TJX stores:
- Inclined Sleeper Accessory for Ultra-Lite Day & Night Play Yards recalled by Fisher-Price
- Rocking Sleepers recalled by Kids II
- Rock ’n Play Sleepers recalled by Fisher-Price
- Children’s Cardigan Sets recalled by Carter’s
- Oball Rattles recalled by Kids II
- Scooters/Hoverboards recalled by Swagway
- Children’s Light-Up Watches recalled by MZB
This isn’t the first time CPSC has cited TJX with selling recalled products. In November 2019, CPSC and TJX jointly issued a press release announcing that TJX had sold approximately 1,200 units of 19 different recalled products during a five-year period from 2014 through 2019. However, after the public disclosure, TJX continued to offer for sale recalled products as late as July 3, 2021, when a customer was injured while attempting to sit in a recalled chair in a Florida store. TJX maintains that they worked cooperatively with CPSC staff and voluntarily notified the latter of the post-recall sales they identified through an internal review they undertook at their own initiative, but this process should not be voluntary and at the discretion of companies that circumvent laws meant to protect consumers.
While this penalty seems significant, it is trivial compared to the multibillion-dollar evaluation of the TJX brands. Alex Hoehn-Saric, the current chair of the CPSC, has urged Congress to remove the cap on civil penalties that it must currently adhere to. The CPSC can only fine companies up to $17,150,000 for a series of related violations or $120,000 for individual violations. Companies like TJX may see little risk in breaking or disregarding consumer protection laws with such low penalties.
Read the full settlement or read the CPSC announcement to learn more.