CPSC Slaps Office Depot 3.4 Million Times in Chair-tastrophe

The U.S. Consumer Product Safety Commission has fined paper-and-pencil-pusher Office Depot $3.4 million for its failure to report defects in its Gibson Leather and Quantum office chairs. The two shared a common problem – a sudden collapse of the seat base and a common retailer with a high resistance to recalls – but had different failure modes and price points.

Office Depot Declines to Launch Recall for a Chair that Launches Occupants Backwards

Riddle: What’s the difference between two office chairs made by the same Chinese company, sold by the same big box retailer, with the same registration number, with the same bad weld that sends users flying backwards when it breaks?

Answer: One was recalled in April 2012 and one wasn’t.

Bonus Answer: The chair that wasn’t recalled actually garnered more complaints than the one that was!

This is a riddle not easily solved – especially by consumers unfortunate enough to have purchased the Gibson Leather Office Chair from Office Depot. In March 2010, Nancy Losey of San Antonio, Texas was sitting in a Gibson Leather Office Chair, manufactured by the Wonderful Year Furniture Company, imported by Swinton Avenue Trading Company, based in Boca Raton, Fla, and sold exclusively by Office Depot, when it suddenly collapsed. The seat plate underneath her chair had separated from the chair base, because of a weld failure at that juncture. Ms. Losey fell to the floor and broke her hip, requiring a hip replacement surgery.

The Gibson Leather Office Chair has the same design and product registration number as the Office Depot Biella Office Chair, which is manufactured by the Wonderful Year furniture company, imported by Swinton Avenue Trading Company, based in Boca Raton, Fla, and sold exclusively by Office Depot. But in April, Swinton Avenue Trading Company was forced to recall 307,000 Biella chairs. According to the U.S. Consumer Product Safety Commission press release, Office Depot had received 11 reports of the breaking chairs and falling consumers with injuries. Consumers could go to Office Depot for a $55 store card – the price of the Biella chair – to replace it or to be used for other Office Depot merchandise.

In October, Attorney Paula Wyatt, who represented Losey in a product liability case against Swinton Avenue Trading, wrote to the U.S. Consumer Product Safety Commission alerting them to the similarities between the Gibson and the Biella. Same product registration number, same bad weld in same critical place. A couple of key differences: Office Deport got more complaints – 18 – about collapsing Gibson chairs between 2009 and 2010, and the Gibson retailed at $39.00.

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