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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

 

Date of Report (Date of earliest event reported) December 22, 2022

 

 

 

Brownie’s Marine Group, Inc.

(Exact name of registrant as specified in its charter)

 

Florida   333-99393   90-0226181

(State or other jurisdiction of

incorporation or organization)

 

(Commission

File Number)

 

(I.R.S. Employer

Identification No.)

 

3001 NW 25 Avenue, Suite 1, Pompano Beach, FL 33069

(Address of principal executive offices)(Zip Code)

 

Registrant’s telephone number, including area code: (954) 462-5570

 

 

 

(Former name 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 applicable   not 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.

 

 

 

 

 

 

Item 8.01 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.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

 

        Incorporated by Reference  

Filed or

Furnished

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 Marine Group, Inc.
     
Date: December 22, 2022 By: /s/ Christopher Constable
    Christopher Constable, Chief Executive Officer

 

 

 

Exhibit 99.1

 

U.S. Consumer Product Safety Commission – Fast Track Recall with Health Canada

 

Release Date: December 22, 2022

Release Number: 23-076

 

BLU3 Recalls Nomad Battery-Powered Tankless Diving Systems Due to Drowning Hazard for Divers

 

Recall Summary

 

Name of 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.

 

Consumer Contact:

 

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.

 

Recall Details

 

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.

 

 

 

 

Sold At: 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.

 

Manufactured by: BLU3, of Pompano Beach, Florida

 

Manufactured in: 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

 

 

 

Recalled Nomad Battery-Powered Tankless Diving System

 

 

 

 

 

Recalled Nomad Battery-Powered Tankless Diving System serial number location

 

Fast Track Recall

 

About the 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.

 

For lifesaving information:

 

- Visit CPSC.gov.

- Sign up to receive our e-mail alerts.

- Follow us on Facebook, Instagram @USCPSC and Twitter @USCPSC.

- 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.