Sunday, July 01, 2007

5/4/07 CPSC Wins Major Court Victory Upholding Authority to Protect Consumers From Illegal Sales of Firework Components

CPSC Wins Major Court Victory Upholding Authority to Protect Consumers
From Illegal Sales of Firework Components
Permanent Injunction Placed On Firefox Enterprises

WASHINGTON, D.C. -- A federal court affirmed that the U.S. Consumer
Product Safety Commission (CPSC) has the authority to stop the sale of
chemicals and components used to make illegal, dangerous fireworks. This
is a major victory in CPSC's continuing effort to protect consumers from
injury and death caused by illegal explosives.

On December 6, 2006, the Honorable B. Lynn Winmill, Chief U.S. District
Judge for the District of Idaho, granted summary judgment in favor of
the government's claim that Firefox Enterprises Inc., of Pocatello,
Idaho, sold chemicals and components to consumers that were used to
manufacture illegal fireworks.

On April 30, 2007, Judge Winmill entered a permanent injunction against
Firefox and its owners, prohibiting them from selling certain chemicals
and components used in illegal fireworks. The Judge also imposed
shipping and strict record keeping requirements on the defendants and
authorized the CPSC to make surprise inspections of Firefox's

"This court ruling is a victory for consumer safety," said CPSC's Acting
Chairman Nancy Nord. "There are far too many injuries and deaths from
the manufacture and use of illegal fireworks. By taking strong action
against individuals and companies that sell chemicals and components to
make these dangerous devices, CPSC can stop illegal fireworks from being
made and keep consumers safe."

An investigation by CPSC found that between November 1999 and May 2005,
Firefox, an Internet retailer, was selling and shipping in hundreds of
separate transactions, chemicals, tubes, end caps and fuses. These
chemicals and components when assembled comprise M-80s, quarter-sticks,
and other illegal fireworks. The court held that Firefox's actions
violated the Federal Hazardous Substances Act and the Department of
Transportation's Hazardous Materials Regulations in its illegal
packaging and shipping of the chemicals.

CPSC, the U.S. Department of Transportation, and the U.S. Department of
Justice's Office of Consumer Litigation worked cooperatively on this

The U.S. Consumer Product Safety Commission is charged with protecting
the public from unreasonable risks of serious injury or death from more
than 15,000 types of consumer products under the agency's jurisdiction.
Deaths, injuries and property damage from consumer product incidents
cost the nation more than $700 billion annually. The CPSC is committed
to protecting consumers and families from products that pose a fire,
electrical, chemical, or mechanical hazard or can injure children. The
CPSC's work to ensure the safety of consumer products - such as toys,
cribs, power tools, cigarette lighters, and household chemicals -
contributed significantly to the 30 percent decline in the rate of
deaths and injuries associated with consumer products over the past 30

To report a dangerous product or a product-related injury, call CPSC's
hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or
visit CPSC's web site at To join a CPSC email
subscription list, please go to Consumers can
obtain this release and recall information at CPSC's Web site at

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