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Hazard Prevention Order to TDK Corporation Based on Article 39 (1) of the Consumer Product Safety Act

Humidifiers manufactured and sold by TDK Corporation between 1998 and 1999 were found to be hazardous due to smoke and fire emission. Based on Article 39 (1) of the Consumer Product Safety Act (hereinafter referred to as the "Act"), the Ministry of Economy, Trade and Industry (METI) has ordered the company to take necessary measures, such as collection of the products and announcement of the recall to consumers, aiming to further ensure that the company collects the products.

1. Background

Forty six accidents have occurred in connection with the humidifiers that were manufactured and sold by TDK Corporation between 1998 and 1999 (product numbers: KS-500H and KS-300W) and that have been recalled since 1999. The causes of these accidents have been discovered to be manufacturing failures, causing smoke and fire emissions from the products. Furthermore, on February 8, 2013, another serious accident occurred at a nursing care home in Nagasaki City, Nagasaki Prefecture, which is suspected of being caused by the same type of products. Considering these facts, the products in question are defective and may cause further serious accidents. Moreover, 15,093 humidifiers of the same types of the products in question had still not been collected as of March 10, 2013. In light of this situation, METI judges that the products may cause imminent danger that could jeopardize the lives or bodies of general consumers who use the products.

To further ensure that the company collects the products, on March 13, 2013, METI issued a Hazard Prevention Order to the company to take necessary measures, such as collection of the products and alerts to consumers, based on Article 39 (1) of the Act.

2. Summary of the Hazard Prevention Order (Article 39 (1) of the Act)

Among the humidifiers manufactured by TDK Corporation, the company should take the following measures on the two types of the products, i.e., KS-500H and KS-300W (hereinafter referred to as the "products in question"):

1) Collection of the products that are still missing

Among the products in question, the company should collect those still missing as quickly as possible to prevent further occurrence of such accidents.

2) Alert to consumers

The company should alert consumers as to the collection of the products in question, by means of announcements, such as through newspapers, the television, the Internet, or direct notices to purchasers of the products in question.

3) Report of the situation after taking measures

For the next one year, the company should submit a report to METI every month on the situation of the measures it conducts, including the information on the collection of the products in question mentioned in 1) and 2) above.

3. METI's efforts

Contributing to the prevention of the further occurrence of accidents, METI will make the following efforts in line with the order, aiming to facilitate the collection by the company:

  1. Providing alerts to consumers through METI's press releases and website;
  2. Providing alerts to consumers from the Regional Bureaus of Economy, Trade and Industry, local governments, and organizations related to the government of Japan; and
  3. Requesting cooperation from related distribution and retail businesses

Reference

Excerpt of the Consumer Product Safety Act (Act No. 31 of June 6, 1973)

Article 39 (Hazard Prevention Order)

In cases where serious product accidents have occurred due to defects in consumer products or where serious danger has occurred to the lives or bodies of general consumers or the occurrence of such danger is considered to be imminent, when the competent minister finds it particularly necessary to prevent the occurrence and increase of this danger, to the extent necessary, he/she may order the person engaging in the manufacture or import of said consumer products to recall the consumer products manufactured or imported by the person and to otherwise take measures necessary to prevent the occurrence and increase of serious danger to the lives or bodies of general consumers due to said consumer products, except where the competent minister may give an order to take necessary measures in accordance with the provisions of Article 32 or other acts provided for by Cabinet Order.

Reference

Release Date

March 13, 2013

Division in Charge

Product Safety Division, Distribution and Industrial Safety Policy Group

Related Information

Product Safety
 
Ministry of Economy, Trade and Industry
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