Peavey Electronics Corporation has defended the failure of several of their products to meet Federal Safety and Emissions Standards (FCC) by deflecting the allegations made in US District Court by MUSIC Group. In a statement circulated yesterday, Peavey has repeatedly claimed that they are engaged in “multiple legal actions” against MUSIC Group’s brand Behringer, without disclosing either the nature or status of such actions.

In the release, Peavey cited a lawsuit filed against Behringer in 2009 for alleged patent infringement related to Feedback Location circuitry without disclosing that the presiding Judge already issued an opinion which rendered the claim as baseless. As a consequence, Peavey withdrew the claim recently but suppressed the judge’s finding and the fact that Behringer had in fact patented their own FBQ Feedback Identification system in multiple countries to defend its own intellectual property.

Another nonsensical lawsuit filed by Peavey centered on a labeling issue whereby the phrase “Patent Pending” was not replaced by “Patented” on products after the patents had been granted to Behringer in several countries. In their statement, Peavey also concealed the fact that they are the subject of a countersuit brought by MUSIC Group alleging exactly the same mislabeling issue. That case is ongoing.

“It is unfortunate that Peavey would address their declining fortunes in today’s marketplace by resorting to lawsuits against competitors and more important by cutting corners on testing and compliance. Their energies would be far better spent ensuring their products are safe for consumers and that they meet the requirements of the law rather than engaging in a confused and nonsensical attack on a successful company,” commented SVP Marketing, Costa Lakoumentas in response.

MUSIC Group has presented independent evidence in the form of test results from accredited third parties to substantiate the claims that 7 out of 10 Peavey products tested failed government safety and emissions standards (FCC). The case will be heard in the District Court of Seattle and the results will be made public as the case unfolds.

The MUSIC Group holds a substantial amount of intellectual property such as patents and trademarks. The Company will vigorously defend its rights against Peavey or anyone else.

The MUSIC Group has recently filed suit in U.S. District Court against Peavey Electronic Corporation for false advertising, false patent marking and unfair competition. The suit is based on Peavey’s alleged intentional mislabeling of its products in the U.S. market.

An on-going investigation by the MUSIC Group revealed that Peavey’s products are not labeled in accordance with U.S. patent laws and FCC regulations. Evidence obtained from an independent certified testing lab shows that 7 out of 10 Peavey products tested emit electromagnetic radiation in excess of current government standards.

Senior Vice President of Marketing Costa Lakoumentas commented that “The MUSIC Group has invested millions of dollars in comprehensive testing and compliance labs and in quality control programs to ensure its products are in full compliance with all regulatory standards. Additionally, we also go well beyond the requirements of U.S. regulations by certifying our products through the UL Safety Standards process, thus ensuring our products are safe for consumers. Compliance with federal regulations and safety are top priorities in the MUSIC Group and we expect other companies in the market place to take these matters as seriously as we do.”

The mislabeling lawsuit against Peavey, with its implications on compliance with government laws and FCC regulations, could have a staggering impact on the pro-audio and lighting industries where independent testing has shown a number of product sold by various manufacturers in the U.S. market are non-compliant. Companies that bypass regulatory testing don’t only break the law, they pose potential risks for consumers and create an unfair competitive advantage over manufacturers who spend on testing fees and expensive, compliance-relevant components. Under the law, distributors and dealers who sell non-compliant products are also held liable and face stiff fines and other sanctions.