8-K
Brownie's Marine Group, Inc (BWMG)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Dateof Report (Date of earliest event reported) December 22, 2022
Brownie’sMarine Group, Inc.
(Exactname of registrant as specified in its charter)
| Florida | 333-99393 | 90-0226181 |
|---|---|---|
| (State or other jurisdiction of<br><br> <br>incorporation or organization) | (Commission<br><br> <br>File Number) | (I.R.S. Employer<br><br> <br>Identification No.) |
3001NW 25 Avenue, Suite 1, Pompano Beach, FL 33069
(Addressof principal executive offices)(Zip Code)
Registrant’s telephone number, including area code: (954) 462-5570
(Formername or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|---|
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | Trading Symbol(s) | Name of each exchange on which registered |
|---|---|---|
| none | not<br> applicable | not<br> applicable |
Indicate by check mark whether the registrant is an emerging growth company as defined in in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by checkmark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item8.01 Other Events.
On December 22, 2022, the U.S. Consumer Products Safety Commission (the “CPSC”) officially issued a recall notice for the Nomad tankless dive system which is distributed by BLU3, Inc. (“BLU3”), a wholly-owned subsidiary of Brownie’s Marine Group, Inc.(the “Company”). As part of the recall procedure, the CPSC has approved the Company’s proposed remedy for the recall and BLU3 will begin to receive units back from consumers to repair affected Nomad units.
Additionally, BLU3 will re-start its manufacturing process for the Nomad tankless dive system utilizing the material and design changes approved during the recall process, and immediately re-establish the product in all of its sales channels.
A copy of the CPSC recall notice is furnished as Exhibit 99.1 to this report.
Item9.01 Financial Statements and Exhibits.
(d) Exhibits.
| Incorporated by Reference | Filed or<br><br> <br>Furnished<br><br> <br>Herewith | ||||
|---|---|---|---|---|---|
| No. | Exhibit Description | Form | Date Filed | Number | |
| 99.1 | CPSC recall notice, dated December 22, 2022 | Furnished | |||
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Brownie’s<br> Marine Group, Inc. | ||
|---|---|---|
| Date:<br> December 22, 2022 | By: | /s/ Christopher Constable |
| Christopher<br> Constable, Chief Executive Officer |
Exhibit 99.1
| U.S. Consumer Product Safety Commission – Fast Track Recall with Health Canada |
|---|
ReleaseDate: December 22, 2022
ReleaseNumber: 23-076
BLU3Recalls Nomad Battery-Powered Tankless Diving Systems Due to Drowning Hazard for Divers
RecallSummary
Nameof Product: Nomad Battery-Powered Tankless Diving Systems
**Hazard:**The compressor head of the tankless diving system can fracture while in use resulting in restricted air flow, posing a drowning hazard for divers.
**Remedy:**Repair
Consumers should immediately stop using the recalled Nomad tankless diving systems and contact BLU3 to schedule a free repair at an approved service center. BLU3 is contacting all known purchasers directly. The repair cannot be performed by the consumer.
ConsumerContact:
BLU3 Inc. toll-free at 833-703-5796 from 9 a.m. to 5 p.m. ET Monday through Friday, or online at www.diveblu3.com/recall or www.diveblu3.com and click on “RECALL” for more information.
RecallDetails
**Units:**About 1,300 (In addition, about 20 were sold in Canada)
Description:
This recall involves BLU3’s Nomad battery-powered tankless diving systems. The BLU3 logo and Nomad appear in writing on the top handle of the dive system. Consumers can identify whether their Nomad is included in the recall by contacting BLU3 and providing the serial number for their Nomad. The serial number can be found in the compartment behind the battery door. Serial numbers ending with the last four digits between 0000 to 2700 are included in the recall.
**Incidents/Injuries:**BLU3 has received 21 reports of divers experiencing restricted airflow. No injuries have been reported.
SoldAt: Independent diving stores nationwide and online at www.diveblu3.com and www.amazon.com from October 2021 through November 2022 for between $1,900 and $2,700.
Manufacturedby: BLU3, of Pompano Beach, Florida
Manufacturedin: United States
**Note:**Health Canada’s press release is available at:
https://recalls-rappels.canada.ca/en/alert-recall/nomad-battery-powered-tankless-diving-systems-recalled-due-drowning-hazard
Photos
RecalledNomad Battery-Powered Tankless Diving System
RecalledNomad Battery-Powered Tankless Diving System serial number location
FastTrack Recall
Aboutthe U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC’s work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years.
Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.
Forlifesaving information:
Visit CPSC.gov.
- Sign up to receive our e-mail alerts.
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- Report a dangerous product or a product-related injury on www.SaferProducts.gov.
- Call CPSC’s Hotline at 800-638-2772 (TTY 301-595-7054).
- Contact a media specialist.