Husqvarna Outdoor Products Settlement
$281,600 in Fines Paid by Husqvarna Outdoor Products
In March 2005, the ARB was contacted by a California citizen that had purchased a Husqvarna Outdoor Products (HOP), trimmer from Sears that was labeled "Not for sale in California" on the exterior box. That tip caused further investigation by ARB and it was determined that 49-State, EPA-certified, and EPA-labeled engines used to power Craftsman Wheeled Weed Trimmers were offered for sale and sold in California at Sears stores. The engines on these trimmers had an additional separate label indicating in red letters, "Not for sale in California."
HOP and Sears fully cooperated with ARB and together submitted documentation indicating there had been 2,816 of these mislabeled units sold in California. ARB determined that offering for sale and selling the 49-State, EPA-labeled units in California was unlawful and in violation of the California Code of Regulations, Title 13, Section 2404. By selling the mislabeled products in California, HOP did not comply with the requirements of Health and Safety Code Section 43212.
In this case, HOP did not notify Sears in advance that the 2816 engines/trimmer contained a 49-state EPA label, instead of an ARB emission label. Because Sears did not receive notice that would have enabled them to develop and implement plans to segregate the 49-State, EPA-labeled engines/trimmers from the ARB-labeled engines/trimmers, HOP assumed 100% of the responsibility. HOP paid a penalty in the amount of $281,600 to the California Air Pollution Control Fund in settlement of this case. This case was settled in July 2006.