Rose Art Fined for Failure to Report Hazardous Art Kit

Rose Art, makers of crayons, markers and a variety of art kits, has settled with the government for allegedly failing to report a defect in a soap making kit. The company received reports that children were burned by hot soap caused by the defect which they did not report to the Consumer Product Safety Commission until nearly four years after the kits were first sold. Now the firm will pay a $300,000 penalty. As part of the settlement, Rose Art denies any defect or reporting violations.

The U.S. Consumer Product Safety Commission (CPSC) today announced a provisional settlement with a toy and art materials manufacturer for failing to report important product safety information to the Commission. The settlement will impose a $300,000 penalty against Rose Art Industries Inc., of Livingston, N.J., for failing to inform the government in a timely manner about a defect in soap making kits that led to injuries to young children.

Between August 1997 and December 2001, Rose Art made and sold about 125,000 Glamour Gear Soap Making Kits nationwide. The kits, which are intended for children eight years of age and older, include bars of soap, molds and a plastic cup to melt soap chunks. A defect in the plastic cup, which is used to heat the soap in a microwave, can cause it to deform or develop a hole in the bottom and pose a serious burn hazard to children.

Between January 1998 and January 2002, Rose Art received 10 reports of children who were burned by hot soap while removing the plastic cup from the microwave. The majority of the children suffered second and third degree burns. The firm did not inform CPSC about the defect, injuries and the resulting civil litigation against the company until February 2002.

In March 2002, CPSC and Rose Art announced a recall of the soap kits. Consumers can go to this Web site for information about receiving a refund.

According to federal law, manufacturers, distributors, and retailers are required to report to CPSC immediately (within 24 hours) after obtaining information which reasonably supports the conclusion that a product contains a defect which could create a substantial risk of injury to the public, presents an unreasonable risk of serious injury or death, or violates a federal safety standard.

In agreeing to settle the matter, Rose Art Industries denies that the soap kits were defective and that it violated the reporting requirements of the Consumer Product Safety Act.