The fridges that caught fire

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The fridges that caught fire
special report
                        the fridges that
                          caught fire
 When Turkish firm Arcelik learned its fridge-freezers may cause fires, it did not
  tell customers for years. Did Europe’s regulatory system encourage delay?
                                                                                                              BY TOM BERGIN
                                                                                                              LONDON, OCT 21

                                                                                                              I  N JUNE, WHEN a fire ripped through a
                                                                                                                 concrete tower block in Bermondsey, a
                                                                                                              low-income neighbourhood in south-east
                                                                                                              London, residents initially blamed it on a
                                                                                                              lightning strike. “It was only later we heard
                                                                                                              the truth on the television,” said Kathy
                                                                                                              Pullady, who lives across a chipped tile-
                                                                                                              covered landing from the 17th-floor flat
                                                                                                              where the blaze took hold.
                                                                                                                 The London Fire Brigade had in fact been
                                                                                                              investigating the probable cause of the fire
                                                                                                              for years. In July it publicly pointed to a faulty
                                                                                                              fridge-freezer made by Turkish company
                                                                                                              Arcelik, Europe’s third-largest appliance
                                                                                                              manufacturer. The fire brigade says timers in
                                                                                                              certain models of Arcelik fridges have caused
                                                                                                              at least 20 fires in the UK since 2006. One man
                                                                                                              has been killed and at least 15 people injured.
                                                                                                                 Since 2005, the European Commission has
                                                                                                              recorded fire safety warnings for 37 fridge-
                                                                                                              freezer models. Sixteen of those models
                                                                                                              were made by Arcelik under the Beko brand,
                                                                                                              18 by Swedish-based Dometic (including
                                                                                                              some fridge-freezer-oven combinations used
                                                                                                              in mobile homes), and three by South Korea-
                                                                                                              based Samsung.
                                                                                                                 Fire chiefs told Reuters they took the
                                                                                                              unusual step of issuing a public statement
                                                                                                              about the Arcelik appliances because the
                                                                                                              company itself had failed to publicise the
                                                                                                              danger. Consumer groups also charge the
                                                                                                              company –- along with British regulators
                                                                                                              -- with dragging its feet when it came to
                                                                                                              warning customers.
                                                                                                                 Arcelik (pronounced Arch-e-lick) agrees
                                                                                                              design flaws in certain fridge-freezers
                                                                                                              are to blame for the fires. A company
                                                                                                              spokeswoman told Reuters in an email it
                                                                                                              believes “there have been 29 incidents which
                                                                                                              can be attributed to an issue with the defrost
                                                                                                              timer since 2006.” But the company says it

HAZARD: A burned out Beko fridge-freezer. The fire brigade says timers have caused at least 20 fires in the
UK since 2006. REUTERS/London Fire Brigade/Handout

october 2011
The fridges that caught fire
arcelik fires	                                                                                                                                 october 2011

    “As soon as we received this letter… we                                                                  Arcelik says a faulty timer for
   intensely tried to simulate the problem.”                                                                 activating the defrost unit in some of
acted as quickly as possible to                                                                              its Beko fridge freezers may be to
tackle the issue. Regulators have                                                                            blame for up to 29 fires in the UK.
declined to comment.
   The issue highlights how an
increasingly globalised supply
chain can expose consumers to
weaker safety regimes than they                                                                                                                  Defrost
                                                                                                                                                 timer
may be used to. The European
Union’s database of unsafe
products has seen a sharp rise
in product warnings since
2003, and the vast majority
is on products made in
emerging markets. Against
this     backdrop,        Britain’s
fragmented regulatory regime
can slow public notification of
life-threatening defects. And
companies whose products
injure or even kill face much
milder sanctions in Europe
than in the United States.
   “The regulatory and safety
standards in the U.S. and                                       TKTKTKTKTKT: Explain the 2 letters
the EU have developed over                                      and headshot please. REUTERS/                Source: Beko
a long period of time,” said                                    London Fire Brigade/Handout
Luke Upchurch of lobby group
Consumers International. “A lot                                                                              as a “German quality brand” despite the fact
of the products are coming from                                                                              the appliances are not made in Germany.
jurisdictions where there aren’t                                                                            Arcelik acquired Blomberg in 2002 and the
tight controls ... It’s still very difficult to          WARNING: Extracts from letters Beko sent
                                                         to customers about the fault. The first version,
                                                                                                            brand hasn’t issued a safety warning about its
monitor that on an international basis.”                 sent from April to July, mentions only a risk      fridges since 1994, when it flagged a potential
   Up to half a million of the Arcelik                   of overheating. The later version mentions a       fire risk from overheating in certain models.
appliances have been sold in the                         potential fire hazard. Left, Ragip Balcioglu,
                                                         Arcelik’s UK manager. REUTERS/handout
United Kingdom and another 9,000                                                                            THE LONDON FIRE Brigade dealt with its first
in other countries. Following the                         reported revenues of 3.5 billion euros            Beko fridge incident in 2007. By June 2010,
Fire Brigade’s July announcement                          ($4.8 billion) last year and an operating         the brigade says it had identified the defrost
the company started a media blitz                         margin of 9.2 percent. That’s well above          timers as the probable ignition source and
inviting owners of affected models to                     the 5.1 percent achieved by Sweden’s              notified Arcelik.
have modifications made.                          Electrolux, the number one appliance-maker                   The company says incidents involving the
   “They could have acted faster ... there are    in Europe, and the 5.5 percent reported by                timers dated back to 2006, but the information
a lot of questions unanswered in this,” says      Whirlpool of the United States, the global                it received from fire authorities did not clearly
Alice Judd, senior researcher at the UK’s         number one by sales.                                      identify the source of the fires. It says that
Consumer Association.                               Arcelik operates factories in Turkey,                   between 2007 and the middle of last year it
                                                  Romania, China and Russia and says it exports             worked closely with the fire service to pinpoint
ARCELIK IS LISTED on the Istanbul stock           to 115 countries across the world. According to           the problem. The brigade would not discuss
exchange and majority-owned by Koc Holding,       Ragip Balcioglu, the company’s UK country                 details because of a police investigation into
an $8 billion-group controlled by the Koc         manager, Beko refrigerators are already the               a 2010 fire.
family, Turkey’s richest. The company, which      biggest sellers in the UK, accounting for one                The June 2010 notice from the fire service
is expanding around the globe and has huge        in three of all sold. Beko’s UK website says              -– Arcelik says it did not receive the letter until
ambitions in China, sells its products under      British Prime Minister David Cameron is                   the middle of July -- confirmed that timer units
a number of brands including Beko, Arcelik        among its customers.                                      on certain models manufactured between
and Leisure. For the most part it targets the       In the United States Arcelik’s range includes           2000 and 2006 were prone to condensation,
economy end of the market.                        sleek, expensive cookers and fridges sold                 according to Andrew Mullen, Director of
   Low prices don’t mean low profits. Arcelik     under the Blomberg brand, which it describes              Service at Arcelik’s UK unit. Condensation can

                                                                                                                                                               2
The fridges that caught fire
arcelik fires	                                                                                                                                          october 2011

AFFORDABLE: For the most part, Arcelik targets the economy end of the market. An Arcelik dealer selling washing machines and refrigerators in Istanbul, October 2011.
REUTERS/Serkan Senturk
cause a short-circuit, which may ignite plastic
components and other highly flammable
insulation inside the appliance.
   Mullen said the company then spent months
trying unsuccessfully to recreate an accidental
fire: “As soon as we received this letter... we
intensely tried to simulate the problem.”
   Then last November, a Beko fridge erupted
in flames in the west London house of the
Benjamin-Muthiah family. Santosh Benjamin-
Muthiah, 36, died and his wife Jennifer narrowly
escaped with their two daughters aged three
years and three months. Ian Webber, secretary
of Wealdstone Baptist Church where the
family worshipped, said that nine months on
they were still too distraught to speak to the
media. Burnt furniture and bedding were piled
in a dumpster outside their home in August as
repair work continued inside.
   After Santosh’s death, Arcelik abandoned
its attempt to replicate the fires and started
to design a fix that would stop condensation
getting into the timers, Balcioglu told Reuters            At this point Arcelik also planned a campaign           situations and measures it had taken in the
in an August interview at the company’s UK               to alert owners. But it decided against taking            past. The company said it wanted to contact
head office in Hertfordshire, just north of              out advertisements in newspapers or issuing               people by mail rather than rely on people
greater London.                                          a press release, common practice in such                  seeing a notice in a newspaper.

                                                                                                                                                                        3
The fridges that caught fire
arcelik fires	                                                                                                                          october 2011

                                                                                                            A SLUGGISH
                                                                                                            REGULATOR
                                                                                                          THE fridge FIRES in London were
                                                                                                          not the first time Turkish appliance
                                                                                                          maker Arcelik and its UK regulator
                                                                                                          have responded more slowly than they
                                                                                                          might to a hazardous appliance.
                                                                                                             In November 2008 a student in Cork,
                                                                                                          Ireland, died from carbon monoxide
                                                                                                          poisoning which the coroner said was
                                                                                                          caused by a gas cooker. The cooker
                                                                                                          was sold under the New World brand
                                                                                                          which is owned by appliance maker
17TH FLOOR BLAZE: The tower block in Bermondsey, London, where a June fire prompted the London Fire
Brigade to alert the public about the Arcelik appliances. REUTERS/TOM BERGIN
                                                                                                          Glen Dimplex. The cooker had been
                                                                                                          manufactured by Arcelik.
   It began gathering addresses, but did not         fridges sold, the 10 call-centre staff and              A joint Arcelik-Glen Dimplex
post its first letters until mid-April 2011. A       team of engineers Beko hired to handle the           investigation        discovered      that
spokeswoman for the fire service said that           modifications could only handle so much at           potentially lethal carbon monoxide
between February and April 2011, there were          once. Letters were sent out at a rate of 10,000      fumes could build up if the oven’s
nine fires in London involving the Beko fridge       a week; Balcioglu said this was to ensure the        grill unit was used with the oven door
freezers under scrutiny.                             team was not swamped. By the time of the             closed.
                                                     Bermondsey fire, only a third of owners had             In January 2009, Glen Dimplex
APPROACHED FOR FURTHER comment                       been contacted, he added. The company                informed Ireland’s National Consumer
shortly before Reuters published this story,         did not have the address of the family in the        Agency and its UK regulator, the
an Arcelik spokesman said the company had            Bermondsey flat.                                     Trading Standards unit in Knowsley
always intended to launch a media effort,               A staggered approach is at odds with EU           borough, of these findings. The
later in the campaign. Arcelik said its decision     guidance to act as quickly as possible.              company and both regulators agreed to
to run a postal campaign was not aimed at               That guidance also states that companies          issue consumer warnings immediately.
minimising damage to the Beko brand.                 should highlight “details of the safety risk”.          That month Arcelik also informed
  “It wasn’t a concern ... ultimately we were        Arcelik’s initial letter mentioned only a risk       the regulator for its UK headquarters,
driven by what has been suggested by the             that the “timer may fail and overheat”. Arcelik      Hertfordshire Trading Standards, of
EU safety guidelines,” the youthful, Rolex-          said it worded its message that way because          the problem. But it took until March for
wearing Balcioglu told Reuters in a large            it still believed a faulty unit was more likely to   the Hertfordshire regulator to issue a
showroom full of glistening Beko appliances.         emit smoke than catch fire. But Hertfordshire        warning about the ovens. By that stage
  Waving a copy of a document titled ‘Product        Trading Standards, which regulates Arcelik’s         another oven owner had been killed,
Safety in Europe: A Guide to corrective action       British distribution unit, subsequently forced       bringing the total deaths to at least six,
including recalls’, Mullen said the European         the company to amend the warning to include          according to media reports.
Union deems direct contact the best way to           mention of “a potential fire hazard”.                   Arcelik said it had taken a “pro-active
alert consumers to a defect.                            After the publicity surrounding the               approach” and that its products had
  The document, produced jointly by the              Bermondsey fire, Arcelik increased the resources     met EU safety standards, but its UK
EU and industry trade bodies, is as close to         committed to its corrective action, boosting         subsidiary declined comment on any
a rulebook on such matters as Europe has.            modifications from 3,000 a week to 24,000.           settlements related to the case. Glen
While it says “personal” contact is the most            Arcelik’s approach to notifying regulators        Dimplex also declined comment, as
effective way of informing people at risk, it        also seems to have been at odds with EU              did Hertfordshire Trading Standards.
also warns that relying on a mail shot alone         guidelines. The EU General Product Safety            The regulator also refused a Freedom
leaves a risk some customers will not be             Directive says companies should inform               of Information Act request for details
contacted. The guide also advises in several         the “competent authority” as soon as they            of its discussions with the company,
places that companies should use the media           become aware that a product may be unsafe.           saying that if such information was
to alert customers.                                     But Arcelik said it notified Hertfordshire        released, its relationship “would
  Mullen said one reason the company did             Trading Standards in January 2011 -- seven           suffer as they would be less inclined to
not launch a media campaign was because              months after the London Fire Brigade’s               release sensitive information to us”
it wanted to concentrate resources on                warning to the company, and two months                             (Reporting by Tom Bergin)
direct contact. But with 480,000 affected            after it had started on a design fix.

                                                                                                                                                        4
The fridges that caught fire
arcelik fires	                                                                                                                                                    october 2011

   It took the company even longer to inform                               annual revenue in Britain is above 300 million
regulators in other places. Ireland’s National                             pounds ($470 million) -- told investment
Consumer Agency (NCA) said it first heard of                               analysts it did not expect serious financial
the problem in March 2011, when it received a                              repercussions from the accidents. Arcelik’s UK
tip-off from a retailer. It sought a meeting with                          subsidiary has declined to comment on the
Arcelik which took place in May; immediately                               cost of settling any cases involving its fridges
afterwards, the NCA issued a consumer warning.                             and cookers.
   The Consumer Association’s Judd said                                       Its optimism may be partly based on the fact
the gaps between the various stages of the                                 that courts in Britain and elsewhere in Europe
corrective action, given the nature of the                                 do not generally award punitive damages
warning, were unsatisfactory.                                              or compensation for pain or emotional loss.
                                                                           Arcelik may have to compensate victims only
HERTFORDSHIRE TRADING Standards’                                           for fire damage to their properties and medical
response also appears to have been wanting.                                bills, according to Paul Verrico, a lawyer with
Consumer advocates say this highlights                                     London-based Eversheds and an adviser on
flaws in the UK’s decentralised approach to                                product safety issues. Even the death of a
monitoring product safety, in which units of                               family’s main earner like Benjamin-Muthiah is
local governments oversee companies based                                  unlikely to bring a big payout.
in their region.                                                              “You’re not normally looking at more
   Most other EU countries have dedicated                                  than a couple of hundred grand in total,”
product safety bodies, noted Christine                                     Verrico said. Deaths of children, since they
Heemskerk, product safety lead officer at the                              have no dependents, warrant only minor
Trading Standards Institute. Safety experts                                compensation -- about enough to pay for a             DAMAGE: The kitchen of the Bermondsey apartment
                                                                                                                                 where a Beko fridge-freezer caught fire in June,
and consumer lobby groups say the British                                  modest funeral, he added.                             pictured in August, 2011. REUTERS/Tom Bergin
set-up can lead to an uneven application of                                    A company which fails to notify the regulator
the rules and allows companies to call the                                 in a timely fashion about a product risk can be       June 2010 warning to the company, the
shots when it comes to corrective action.                                  fined, but only up to 5,000 pounds.                   coroner investigating the death of Benjamin-
   “Agencies that are set up to deal with a                                   By comparison, failure to promptly notify          Muthiah called in the police.
specific consumer issue tend to be better                                  the authorities in the United States can lead            While Arcelik might not face large fines,
functioning,” said Consumers International’s                               to fines of many hundreds of thousands of             Ashley Mott, solicitor at London-based law
Upchurch. “Agencies that are broader and                                   dollars, while companies that fail to warn            firm DLA Piper, says if a UK business, or its
cover a wider range of areas can sometimes                                 consumers about known defects have seen               officers, are suspected of having failed in their
let things slip through the cracks.”                                       potentially ruinous awards for punitive or            duty of care they can be charged with the
   After Arcelik informed Hertfordshire Trading                            exemplary damages.                                    criminal offence of corporate manslaughter.
Standards, the regulator was bound by the                                     A Los Angeles court in 1999 awarded a                 Arcelik’s Balcioglu said the company had
UK’s General Product Safety Regulations to                                 record $4.9 billion product safety payout             been helping police, but believes it did its best
“immediately” notify the government so it                                  in relation to defects in the fuel system on a        to protect consumers.
could file a notice with Rapex, a European                                 General Motors vehicle; the payout was later             “Being open and honest, we really had all
body charged with logging EU product safety                                reduced to $1.2 billion.                              the right reasons and the best intentions with
problems. But the Department of Business,                                     Simon Smith, a personal injury lawyer              safety in mind ... without consumers in mind
Innovation and Skills said Hertfordshire                                   with London-based Goodmans Law, said the              and safety in mind, I don’t believe there is a
Trading Standards informed it only on July 15,                             UK legal regime, which is similar to that in          future for any company,” he said.
after the publicity around the Bermondsey fire.                            other European countries, is stacked against
The department filed a Rapex notice within                                 victims. “The law is a bit harsh in that respect         (Additional reporting by Ece Toksabay in
days, the EU database confirms. Hertfordshire                              ... it expects us to be fairly stoic about things,”   Istanbul and Clare Kane in London; Edited by
Trading Standards declined comment.                                        he said.                                                           Sara Ledwith and Simon Robinson)
                                                                              Arcelik could still face serious criminal
SHORTLY AFTER THE Bermondsey fire made                                     repercussions, though.
headlines, Arcelik –- which has said Beko’s                                   In July, after learning of the fire brigade’s

    For more information contact:

   sara ledwith,                                                                 Simon Robinson,                                         tOM bergin
   ENTERPRISE Editor, EUROPE, MIDDLE EAST                                        Enterprise Editor, EUROPE, MIDDLE EAST AND              CORRESPONDENT
   AND AFRICA                                                                    AFRICA                                                  +44 20 7542 1029
   sara.ledwith@thomsonreuters.com                                               simon.robinson@thomsonreuters.com                       tom.bergin@thomsonreuters.com

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