The U.S. Consumer Product Safety Commission (CPSC) announced that The TJX Companies has agreed to pay a $13 million civil penalty for selling, offering for sale and distributing previously recalled consumer products. TJX also has agreed to maintain a compliance program to ensure that it meets the obligations of the law and this settlement going forward.
The agreement settles charges that the retailer knowingly sold, offered for sale and distributed approximately 1,200 recalled products from 21 separate voluntary corrective actions during a five-year period from March 2014 through October 2019. According to the charges, the products were sold in-store and online through the T.J. Maxx, Marshalls and HomeGoods banners. The majority of the post-recall sales were products recalled due to the risk of infant suffocation and death.
TJX also will maintain a compliance program and system of internal controls to ensure that the company complies with the Consumer Product Safety Act (CPSA), including a program for the appropriate identification, quarantine and disposal of recalled products. TJX will also maintain internal controls designed to ensure TJX’s compliance with the CPSA, requiring TJX to review claims, report safety concerns, implement corrective and preventive actions when compliance deficiencies or violations are identified and establish senior management oversight of TJX’s compliance program. TJX also has agreed to file annual reports regarding the compliance program and system of internal controls for a period of five years.
TJX’s settlement does not constitute an admission by TJX, or a determination by the CPSC, that TJX knowingly violated the CPSA.
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