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CPSC Warns Meerkat 50 Youth ATVs Defective and Dangerous

Agency Powerless to Take Action Without a Quorum

By Truman Lewis
ConsumerAffairs.com

June 6, 2007
In the latest incidence of unsafe products from China, the staff of the U.S. Consumer Product Safety Commission (CPSC) is warning consumers who own a Kazuma Meerkat 50 Youth All-Terrain Vehicle (ATV) that children are at severe risk of injury or death due to multiple safety defects with this off-road vehicle.

The unusual warning -- which carries no legal weight -- was apparently issued because the CPSC lacks a quorum and currently has no authority to require companies to provide accident or injury information. The CPSC said Kazuma has refused to cooperate with its inquiry.

The ATVs, which were imported by Kazuma Pacific Inc., of Stafford, Texas, were found to have several serious defects.

The CPSC staff determined that the Meerkat 50 lacks front brakes, has no parking brake, is missing a neutral indicator light, and can be started in gear. Additionally, the owner's manual does not contain complete information on safe operation and maintenance of the ATV.

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The CPSC staff recommends that consumers stop using the product immediately because it is unsafe. It also recommends that consumers demand a refund of the purchase price from the importer or dealer due to the defective condition of the ATV.

The risk with these ATVs is severe because these vehicles are intended for children age 6 to 11. In many cases, youth riders are just learning how to operate an ATV and may not have the experience necessary to help them avoid hazards associated with this product's defects.

Kazuma Pacific has refused to provide complete incident or injury information for any of their products. Therefore, CPSC has been unable to determine how many children have been injured.

Between December 2006 and May 2007, Kazuma Pacific has impeded CPSC's efforts to protect the safety of children, by refusing to implement a corrective action plan for this ATV.

Kazuma Pacific has sold at least 2,700 Meerkat 50 ATVs and has stated that it is continuing to sell the units that CPSC staff found to be defective. Kazuma dealers and Web retailers nationwide have sold this ATV since 2003 for between $525 and $825.

Powerless to Act

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The CPSC needs at least three commissioners to perform regulatory activities and to levy fines. The commission has not had three commissioners since former chairman Hal Stratton, a Bush appointee, abruptly resigned July 15, 2006 to become a lobbyist.

Bush nominated Michael Baroody, the executive vice president of the National Association of Manufacturers, to replace Stratton, setting off protests from consumer advocates who said Baroody had devoted his career to working against product safety.

Just one day before the Senate Commerce Committee was set to vote, Baroody withdrew.

According to the Consumer Product Safety Act, which created and governs the CPSC, the two remaining commissioners can continue their regulatory activities for six months after a vacancy has been created. After those six months, their powers are stripped until the President fills the vacancy and as of Jan. 15, 2007, that has been the case.

If Bush takes as long as he did last time to find a replacement, the commission will remain powerless for another six months.

Cynics said the entire Baroody episode was a ploy to keep the CPSC "toothless" for as long as possible.

"The Bush White House is protecting its friends in the ATV and snowmobile industries by keeping the CPSC's hands tied," a longtime Washington operative told ConsumerAffairs.com.

The CPSC had been working on new safety rules for ATVs when Stratton quit.

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