Emmaljunga Prams

Robyn McDonald Consumer Affairs

Minister of Consumer Affairs
Hon Robyn McDonald

Issues concerning
Emmaljunga AB
and
Foldaway Industries Ltd

5 June 1997
Minister of Consumer Affairs

MINISTRY INVESTIGATION INTO PRAMS AVAILABLE ON NEW ZEALAND MARKET

Introduction

  1. The purpose of this report is to acquaint you with the results of the
    Ministry's investigation into the safety of prams/strollers currently available
    to consumers in the New Zealand market. This report does not discuss the
    Emmaljunga models as these are the subject of a separate report.
  2. The report also recommends some further action to be
    taken with respect to older prams/strollers which are no longer
    available for sale but may be in current use.

Background

  1. Following the fatality of Felix Penny in a Emmaljunga Ringo Sport pram in Christchurch earlier this year, you asked the Ministry to undertake an investigation to ascertain whether other brands or models of prams/strollers on the market displayed similar design features to those which were considered to have contributed to that fatality.

    The investigation gave particular attention to the following features:

    1. the security of the flap at the head end in the upright (stroller) and horizontal (pram) position,
    2. the arrangement of the foot support of the pram,
    3. the harnesses,
    4. manufacturers' instructions.
  2. With the co-operation of the major nursery product
    retailers and through a survey of retail outlets the Ministry compiled
    a list of brands and models of prams/strollers available for retail
    sale. The importers /distributors responsible for the supply of these
    products were asked to confirm or complete these lists and arrangements
    were made to individually examine each model of pram/stroller.

Findings

  1. The Ministry's investigation has identified 15 brands of pram/stroller
    currently on sale in retail outlets throughout New Zealand. These various
    brands encompass some 120 models.
  2. With the exception of the Emmaljunga models and the
    Tommee Tippee model (discussed below) there appear to be no other
    models of pram /stroller currently on the market which feature an
    envelope style sleeve or flap that overlaps a metal bar and is not held
    firmly in place by either domes or some other fastening which prevents
    it from being pulled free of the bar. Similarly no other models feature
    the bottom or foot arrangement which enables the inner supporting board
    to be removed from its fabric covering.
  3. There are some issues outside the immediate focus of this
    investigation that have been brought to the Ministry.,s attention.
    These relate to the quality of instructions provided, locking
    mechanisms and interaction of hood and linings to the main body of the
    pram. The Ministry is taking up these issues separately with individual
    suppliers.

Tommee Tippee Recall

  1. In the course of this investigation the Tommee Tippee De
    Luxe 2 way stroller was identified as having features which could
    compromise the safety of a child when in use in its reclining position.
    The envelope sleeve could be easily removed from over the metal bar of
    the back frame. It would not be readily apparent that the fabric was
    not in place and a child could move up the pram and thus make it
    unstable and precipitate a tragedy.
  2. This is a 1992 model and is not available for sale today.
    The model examined had in fact been returned to the Warehouse and was
    being resold at a heavily reduced price.
  3. The Warehouse, the sole distributor of the Tommee Tippee
    brand have, in conjunction with Playwell, the supplier, ordered a
    nationwide recall for modification of the product.

Older models still in use

  1. Prams are generally bought by the family for the use of
    all their children. Many are passed on to younger siblings as the
    children grow beyond the use of a pram. In addition many prams are sold
    in the second hand market, by garage sale or through stores as the
    family outgrows the need for a pram. There could therefore be some
    models no longer on the market but still in use (and maybe only 2-3
    years old) which have those design features which are thought to have
    contributed to the two reported fatalities.
  2. It is proposed that the Ministry conduct a nationwide
    education/information campaign alerting caregivers to the potential
    risk of this design and asking people who are using such prams to
    provide details of brand and model to the Ministry. The Ministry will
    then negotiate any necessary recall or modification action with the
    supplier.

Conclusion

  1. The Ministry's investigation has identified only one pram
    which features the same characteristics which are considered to have
    contributed to a child fatality. This pram has been recalled for
    modification. However the Ministry is concerned that there may be older
    models still in use but no longer available new and proposes a
    nationwide campaign to locate and negotiate the modification of these
    models. At the same time the Ministry will be producing resources to
    assist caregivers in their purchase and safe use of pram/strollers.

Recommendation

  1. It is recommended that you note the contents of this report.

Keith Manch
General Manager

13 June 1997

Minister of Consumer Affairs
EMMALJUNGA PRAMS

Purpose of Report
This report informs you of the results of the Ministry's negotiations with
Emmaljunga AB and Foldaway Industries Ltd in connection with Emmaljunga prams with an unsecured back flap.

Background
The Ministry reported to you on 13 March 1997 following the death of a 5-month old baby in an Emmaljunga Ringo Sport pram. In that report the Ministry noted that the New Zealand agents for Emmaljunga, Foldaway Industries Ltd, had instituted a voluntary recall of Ringo Sport prams in order to modify the flaps on the fabric upholstery at the head and foot end of the prams. The recall followed interim findings by the coroner in which he said there was a design fault in the pram," . .namely that the hinged plywood unit is not contained within the fabric sleeve." The modification to the Ringo Sport prams involved the fitting of domes to secure the flaps in place.

In its report to you, the Ministry pointed out that some other Emmaljunga prams had similar unsecured flaps at the head end and that it considered these to raise potential safety concerns. These prams were the Viking, the Nouvelle, the Double Kimi, the Jupiter and the Sonett II. The report sought your approval to the Ministry negotiating with Foldaway to extend the modification it was making to Ringo Sport prams to these other Emmaljunga prams.

The Ministry's negotiations
The Ministry has met twice with representatives of Emmaljunga AB and
Foldaway Industries Ltd. These meetings were held on 8 April 1997 and 9
June 1997.

Emmaljunga's position
Emmaljunga does not accept that there is any safety problem with the prams referred to in paragraph 3 above. The company says that in a spirit of willingness to cooperate with the Ministry, in the interests of consumer relations, in order to further enhance the safety of its prams and as a result of the meetings, Emmaljunga and Foldaway Industries have agreed to take a series of actions.

Action agreed by Emmaljunga and Foldaway Industries Emmaljunga and Foldaway Industries have agreed to take the following action:

Emmaljunga, through Foldaway Industries, will make available to owners of the Viking, Sonett II, Jupiter, Ringo Sport and Nouvelle prams a modification pack intended to enhance the safety of these prams. The pack will include a sleeve that fits over the frame of the pram at the head end. The sleeve is held in place by domes, and the upholstery of the pram fits over this sleeve. The pack will also contain an instruction leaflet for fitting the sleeve. A copy of the instruction leaflet is attached to this report.

Emmaljunga and Foldaway will prepare a leaflet which will provide safety warnings to owners of Emmaljunga prams. The leaflet will remind owners to ensure the sleeve is always in position at the head end, to ensure the wooden insert is secured within the fabric envelope, to use the harness provided and never to leave a child unattended in the pram. The leaflet will be included in the modification packs and with all new prams despatched by Emmaljunga. A copy of the leaflet is attached to this report.

Emmaljunga and Foldaway will place advertisements in major newspapers to announce the availability of the modification packs. Owners will be asked to phone Foldaway to obtain these packs, although they will also be available at retailers. The advertisement will also include the safety warnings included in the modification pack.

Supplies of the modification packs and the safety warning leaflets will be sent to retailers to include with unsold prams.

The proposals made by Emmaljunga and Foldaway address all the safety concerns about Emmaljunga prams raised by the Ministry in its report to you dated 13 March 1997. The only model mentioned in the report not covered by the proposal is the Double Kimi, and the Ministry is satisfied that because of the design of the frame at the head end in this model the unsecured flap at the head end poses no safety hazard. The Ministry has agreed to the proposals made by Emmaljunga and Foldaway to enhance the safety of Emmaljunga prams.

Accordingly, the Ministry considers it to be unnecessary for you to use powers given to you under the Product Safety provisions of the Fair Trading Act.

Emmaljunga and Foldaway do not propose any specific publicity over and above the newspaper advertisements. The Ministry has informed the companies that you are likely to issue a press release in conjunction with the newspaper advertisements. In line with our usual procedures we have agreed that they will see a draft copy of the proposed press release in advance of its release. The newspaper advertisements will be placed as soon as possible, on a date to be agreed between the Ministry and the companies.

Recommendations
The Ministry recommends that you

note that Emmaljunga and Foldaway have made proposals to enhance the safety of Emmaljunga prams and that the Ministry has agreed to these proposals;

issue a press release commenting on the action Emmaljunga and Foldaway have taken to enhance the safety of Emmaljunga prams and noting the conclusion of the Ministry investigation.

Keith Manch
General Manager

MEDIA RELEASE
Thursday 19 June 1997

EMMALJUNGA FINALLY AGREE TO PRAM MODIFICATIONS

The Minister of Consumer Affairs, Hon Robyn McDonald today welcomed the decision by Emmaljunga to agree to modify five of its range of prams. This decision is in response to safety concerns identified after the tragic death of Felix Penny in a Ringo Sport pram. The five models are: Viking, Nouvelle, Jupiter, Sonnet II and the Ringo Sport.

"I am delighted that the Ministry of Consumer Affairs has successfully
negotiated this result," said Robyn McDonald.

"After Felix Penny's death,
the Ringo Sport was recalled by Foldaway Industries (the importer of
Emmaljunga prams) for modification.

"The Ministry then proceeded
to check all Emmaljunga prams for similar design features. This feature
related to unsecured flaps at the head end of the pram which could
inadvertently come off. The Ministry reported to me that some other
Emmaljunga prams had similar unsecured flaps and my officials
considered these to raise potential safety concerns," the Minister
stated.

"Emmaljunga have designed an
additional sleeve which effectively adds the same feature that is
already incorporated in later models of Emmaljunga prams and which
ensures that any potential safety concern is minimised.

"Owners of the Viking,
Nouvelle, Jupiter, Sonnet II and Ringo Sport must call the following
number 0508 222 437 to receive the modification pack. I also encourage
owners of the Ringo Sport who have not yet had it modified as part of
the recall earlier this year, to call for the pack and fit the sleeve
to their pram.

"I am also releasing the report provided to me setting out the position of the Ministry of Consumer Affairs to this important safety issue. Ensuring that consumers are protected where possible is an essential part of the Ministry's role and we are initiating further initiatives to focus on product safety," said Robyn McDonald.

Ends

MEDIA RELEASE
Thursday 19 June 1997

EDUCATION CAMPAIGN TARGETING OWNERS OF OLDER PRAM MODELS

The Minister of Consumer
Affairs, Hon Robyn McDonald today released the key results from an
investigation into prams currently available on the New Zealand market.

"In the investigation, the Ministry of Consumer Affairs only identified one
pram with similar design features as those causing safety concerns, and it was immediately recalled," said Robyn McDonald.

"We have also identified the
need for an education/information campaign to target owners of older
pram models still in use, but no longer available new.

"I initiated the pram
investigation in February as a result of safety concerns raised by the
Ministry of Consumer Affairs over a design feature of Emmaljunga prams.
This feature relates to unsecured flaps at the head end of the pram
which could inadvertently come off.

The Ministry undertook an
extensive investigation to ascertain whether other brands or models of
prams/strollers on the market displayed similar design features

"The investigation
identified 15 brands of prams/strollers currently on sale in retail
outlets throughout New Zealand. These brands encompass over 120 models.

"One result of our
investigation was the identification of the Tommee Tippee 2-way DeLuxe
Pram Model H361 as having features which could compromise the safety of
a child. It was a 1992 model and is not available for sale today. The
Warehouse responded very promptly to our safety concerns and
immediately ordered a product recall," the Minister said.

"With the exception of the
Emmaljunga prams and the Tommee Tippee model there appears to be no
other models of prams/strollers currently on the market which have the
design feature which raised our concerns about safety.

"The Ministry of Consumer
Affairs recommends further action through an education/information
campaign to highlight the design features we are concerned about. Our
concern is that there may be some models still in use which are no
longer available for sale, but could have these features," said Robyn
McDonald.

"We want to alert owners of
any older models with similar design features (an envelope style sleeve
or flap that overlaps a metal bar and is not held firmly in place by
either domes or some other fastening which prevents it from being
pulled free of the bar), which due to their age, have not been looked
at by the Ministry of Consumer Affairs, to bring them to our attention.

"This is particularly
important where prams have been bought by families for the use of all
their children, and also passed on to other family members to use for
their children.

"Many prams are also sold in
the second hand market, by garage sale, or through stores as the family
outgrows the need for a pram," said Robyn McDonald.

"The Ministry of Consumer Affairs will conduct a nationwide
education/information campaign to alert caregivers to the potential risk of
this design.

"We will be asking people
using such prams to provide details of the brand and model to the
Ministry, so that we can take further action if necessary.

"I want to thank the major nursery product retailers for their co-operation
during this investigation," concluded Robyn McDonald.

Ends

For further information please contact:
Michelle Johns, Press Secretary
Telephone: wk: (04) 471 9863
pager: 026 103 335

MEDIA RELEASE
Thursday 19 June 1997

MANDATORY STANDARD FOR PRAM/STROLLERS IN PROGRESS

The Minister of Consumer Affairs, Hon Robyn McDonald, today said that she had initiated the process to work towards a mandatory standard for prams/strollers in New Zealand.

"As a result of several
incidents resulting in the tragic deaths of babies involving prams and
strollers, I have decided we need to look at assessing the need for a
mandatory product safety standard," said Robyn McDonald.

"Currently there are no
mandatory standards for prams/strollers in New Zealand, although there
is a voluntary standard. Standards are always needing to be
re-evaluated and up-dated to meet the changing designs of products
within the marketplace. The Ministry of Consumer Affairs works very
closely with Standards New Zealand on a variety of standards.

"As a result of the safety
concerns with a design feature on some Emmaljunga prams, we are
ensuring that the modification for this feature is included as an
amendment to the current voluntary standard for prams/strollers. The
design feature relates to unsecured flaps at the head end of the pram
and which could inadvertently come off.

"I am expecting Standards Australia and Standards New Zealand to release information on the revised standard in the near future.

"The next step towards a
mandatory standard is to develop a discussion document covering the
issues and to release it for consultation with industry participants
and concerned groups.

"I have already met with
Standards New Zealand to discuss my concerns and to outline my
intention to begin the process for looking at introducing a mandatory
standard," said Robyn McDonald.

Ends
For further information please contact:
Michelle Johns, Press Secretary
Telephone: wk: (04) 471 9863
pager: 026 103 335

MEDIA RELEASE

Thursday 19 June 1997

FORUM ON SAFETY OF INFANT PRODUCTS

The Minister of Consumer
Affairs, Hon Robyn McDonald today announced that a Forum on the safety
of infant products will be held in September 1997.

"There has been considerable public interest and concern on the safety of infant products recently," said Robyn McDonald.

"As a result, I have decided to set up a Forum with concerned groups to discuss relevant issues. The Forum will provide all interested parties an opportunity to discuss and debate the issues. The objectives include:

  • sharing expertise and ideas about how best to achieve safety and assist the Ministry in developing further its safety strategies;
  • gaining a common understanding of issues relevant the development, maintenance and enforcement of mandatory and voluntary standards;
  • ensuring all those who might have a role in ensuring safety, understand and fulfil that role; and
  • encouraging more informed public discussion and debate about safety.

"I believe the Forum will assist in developing a programme of action to deal with concerns on the safety of infant products," said Robyn McDonald.

Ends

For further information please contact:
Michelle Johns, Press Secretary
Telephone: wk: (04) 471 9863
pager: 026 103 335