WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced that Cybex International, Inc., a New York corporation, has agreed to pay a $7.95 million civil penalty. The settlement resolves CPSC’s charges that Cybex failed to immediately report to CPSC, as required by law, that its Arm Curl and Smith Press Machines contained a defect or created an unreasonable risk of serious injury.
CPSC charged that Cybex had information that a weld on its Arm Curl Machines can fatigue and fail, causing the handle to separate unexpectedly and strike the user in the face. Cybex received 85 reports of broken handles, including reports of serious injuries and one report of permanent vision loss, but the fitness equipment manufacturer did not notify the CPSC immediately of the defect or risk.
CPSC also charged that Cybex had information that the weight bar on its Smith Press Machines can fall, posing serious impact injury hazards to the user. Cybex received 27 reports of injuries associated with the Smith Press Machine, including reports of paralysis and spinal fracture, but the company did not notify the CPSC immediately of the defect or risk.
In addition to paying the $7.95 million civil penalty, Cybex has agreed to maintain an enhanced compliance program to ensure compliance with the Consumer Product Safety Act (CPSA). Cybex will also maintain a related system of internal controls and procedures to ensure that information required to be disclosed by Cybex to the Commission is recorded, processed and reported in accordance with applicable law.
Cybex is now under new ownership, and the Firm’s settlement of this matter does not constitute an admission of CPSC staff’s charges.
The penalty agreement has been accepted provisionally by the Commission by a 3-0-1 vote. Acting Chairman Adler and Commissioners Kaye and Baiocco voted to provisionally accept the settlement agreement and order. Commissioner Feldman did not vote on this matter and therefore is considered to have abstained.