NEWS from CPSC

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 facilities.

"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 case.