Winco Bust

[PyroReview]

The extension on the Patriot Act passed...it's in place for another 4 years. But, at least it's not permanent...yet.

On the subject of this topic, I would like to come to the defense of the wholesaler here, and for that matter, any consumer that might purchase an "overloaded" or questionable product.

If an item is marked 1.4g, it can only be assumed that the item is 1.4g. How is the average citizen, retailer, or even wholesaler to know that this item might be illegal? Remember, there is one more "middle man" above the wholesaler, the importer. If anything, the importer needs to be blamed.

If the item has been imported into the United States, then chances are it has been inpected by Customs, checked and tested by the CPSC, and probably even looked at by the BATFE. Did anyone in these organizations get reprimanded for allowing this item or these items into the country? Where there any investigations to see if these organizations were at fault for these items making it to a wholesaler? I doubt it.

BTW, here's the article regarding the "bust":

A Kansas fireworks company has agreed to pay a $600,000 penalty for importing and selling dangerous fireworks, federal safety officials said Thursday.

The fine against Winco Fireworks International, of Prairie Village, Kan., is the largest against a fireworks company ever imposed by the Consumer Products Safety Commission. Winco President David Collar and two subsidiaries also are listed as being responsible for the fine.

The commission said Winco and its subsidiaries imported and sold banned or misbranded fireworks in violation of a consent decree that required all imported fireworks to be tested for compliance with U.S. safety laws.

Winco also sold at least one device that posed a "substantial product hazard," the commission said.

Winco's attorney, Peter Winik, said the companies agreed to settle the latest case without conceding liability "to avoid the distraction and expense of protracted litigation."

"Winco looks forward to working cooperatively with the CPSC in the future," Winik said in a written statement.

In addition to the penalty, the firms entered into a modified consent decree that requires all future fireworks that are imported to be tested and certified to meet U.S. laws and regulations.

The companies and Collar previously entered into a consent decree with the commission in 1990 for allegedly selling banned hazardous substances.

"There was already one consent decree and there was another violation," commission spokesman Mark Ross said. "We consider this an appropriate penalty."

The device, called "the Hustler," had mortar tubes that could unravel during use, causing explosive material to escape out the side of the tube and injure bystanders, the commission said.

No injuries from the device have been reported.

[kenbeuken]

This article is news to me, and it is not the company that this thread was originally about. Still very interesting news though.

Also, isnt the Hustler a Black Cat shell Kit? There must be more than one sold by that name becasue the Hustler kits that I remember were rather weak.

[PyroReview]

I checked the CPSC website, couldn't find any information on any recent busts, which suprises me because they are usually the first to put a release out regarding stuff like this.

I'll have to see if I can find information on the "other" company.

CORRECTION:
Here's the CPSC release regarding the Winco bust - http://www.cpsc.gov/cpscpub/prerel/prhtml06/06050.html

Nothing else, though.

[climber]

I don't think anthing in the Black Cat line is strong enough to blow out the side of any tube or unravel.

I checked the CPSC website, couldn't find any information on any recent busts, which suprises me because they are usually the first to put a release out regarding stuff like this.

I'll have to see if I can find information on the "other" company.

CORRECTION:
Here's the CPSC release regarding the Winco bust - http://www.cpsc.gov/cpscpub/prerel/prhtml06/06050.html

Nothing else, though.

[maplg]

Here is the article from the AP Wire:

The real question here is what is CPSC up to? It has been several years since such a major bust has occured. Notice that the article states that Black Cat will now have to have all items tested. Who will be doing the testing? AFSL? So, is this all linked to testing or the lack of testing? If anyone is close enough to this to elobrate it would be interesting.

Here is the article:

http://www.kansas.com/mld/kansas/new...e/13361873.htm

Posted on Thu, Dec. 08, 2005

Kansas fireworks company to pay $600,000 penalty

SAM HANANEL

Associated Press

WASHINGTON - A Kansas fireworks company has agreed to pay a $600,000 penalty for importing and selling dangerous fireworks, federal safety officials said Thursday.

The fine against Winco Fireworks International, of Prairie Village, Kan., is the largest against a fireworks company ever imposed by the Consumer Products Safety Commission. Winco President David Collar and two subsidiaries also are listed as being responsible for the fine.

The commission said Winco and its subsidiaries imported and sold banned or misbranded fireworks in violation of a consent decree that required all imported fireworks to be tested for compliance with U.S. safety laws.

Winco also sold at least one device that posed a "substantial product hazard," the commission said.

Winco's attorney, Peter Winik, said the companies agreed to settle the latest case without conceding liability "to avoid the distraction and expense of protracted litigation."

"Winco looks forward to working cooperatively with the CPSC in the future," Winik said in a written statement.

In addition to the penalty, the firms entered into a modified consent decree that requires all future fireworks that are imported to be tested and certified to meet U.S. laws and regulations.

The companies and Collar previously entered into a consent decree with the commission in 1990 for allegedly selling banned hazardous substances.

"There was already one consent decree and there was another violation," commission spokesman Mark Ross said. "We consider this an appropriate penalty."

The device, called "the Hustler," had mortar tubes that could unravel during use, causing explosive material to escape out the side of the tube and injure bystanders, the commission said.

No injuries from the device have been reported.

[jeff wilson]

I am surprised they still market the Hustler kits.
I could not give them away.
Other people have also told me they do not sell very well.
My bet is it was crappy tubes rather than loaded shells.

99.9% of black cat stuff is weaker than it has to be.
Asis pyro has much better products.
I guess they sell Black Cat on name and Asia Pyro on performance.

[Diamond Dave]

The device, called "the Hustler," had mortar tubes that could unravel during use, causing explosive material to escape out the side of the tube and injure bystanders, the commission said.

No injuries from the device have been reported.

Good guess Jeff, since thats what it says right here. I would take Asia Pyro product over Black Cat product anyday.
Diamond Dave

[pyrocasto]

Ha. Back in the day "certain" cheapo mortar tubes would blow the bottom off after a couple rounds, leave the shell on the ground for you to run away by. Sounds like the same effect.

[lamrith]

Good guess Jeff, since thats what it says right here. I would take Asia Pyro product over Black Cat product anyday.
Diamond Dave

BAH BC has a few, I SAID FEW! , decent items. I had base jump this year and liked it, magenta action was a nice unique cake, was the professional pyro set that was nice, Torsion box was AWESOME, but $$.

[jeff wilson]

BAH BC has a few, I SAID FEW! , decent items. I had base jump this year and liked it, magenta action was a nice unique cake, was the professional pyro set that was nice, Torsion box was AWESOME, but $$.

Green with envy is nice as well as the original warp speed.
I shot base jump in 20 MPH wind and the wind really messed up the shots so I did not geet a good look at it.

[PyroBubba]

I shot base jump in 20 MPH wind and the wind really messed up the shots so I did not geet a good look at it.

Yeah, high wind really messes with performance. I'm still laughing at the memory of last December, when a friend (you've met him) and I shot about $200 worth on a freezing night with the wind at least 20 mph. What a waste! And the video didn't even come out

[mastersparks]

Sorry if I got lost somewhere but you guys really got off on a tangent!

Is the Winco situtation one in the same as the main topic of this forum [Midwest Bust] or did another company in the midwest get in hot water?

[JoeRatman]

Okay, I tried to split the Winco Bust out from the Midwest Bust,
http://www.pyrouniverse.com/forum/showthread.php?t=414
because they are refering to two different situations.