Even though Fitbit initiated a firmware update to mitigate the potential for battery overheating in early 2020, the company continued to receive reports of consumers suffering burns due to the wearable device overheating.
Because Fitbit did not immediately report to the CPSC as required, even though it possessed information that reasonably supported the conclusion that the smartwatches contained a defect that could create a substantial product hazard or created an unreasonable risk of serious injury, it was fined by the Commission.It’s also worth mentioning that the CPSC and Fitbit announced a recall of the Ionic smartwatches back in March 2022, which stated that the company had received at least 115 reports in the United States of the battery in the smartwatch overheating, with 78 reports of burn injuries in the US including two reports of third-degree burns and four reports of second-degree burns.The Commission announced that apart from the $12.25 million civil penalty, the settlement agreement requires Fitbit to “maintain internal controls and procedures designed to ensure compliance with the Consumer Product Safety Act (CPSA), including enhancements made to its compliance program.”
In addition, Fitbit will now have to submit an annual report regarding its compliance program, internal controls, and internal audit of the effectiveness of compliance policies, procedures, systems and training.