Products Liability Newsletters
Aviation Breach of Warranty Claims
When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten).
Drug Manufacturer Voluntarily Withdraws Vioxxr from the Market
In 1999, the Food and Drug Administration (FDA) approved Vioxx(r), an anti-inflammatory drug used to treat osteoarthritis symptoms, pain in adults, and menstrual symptoms. The FDA subsequently approved Vioxx(r) for rheumatoid arthritis in adults and children. The drug was widely prescribed for pain relief, accounting for $2.5 billion in yearly sales for Merck & Co., the manufacturer of the drug. It is estimated that more than 20 million U.S. patients had taken Vioxx(r) since it was approved.
Flammable Fabrics Act
The Flammable Fabrics Act covers clothing, children's sleepwear, and interior furnishings, as well as materials such as paper, plastic, and foam, which are used in wearing apparel and interior furnishings. Under the Flammable Fabrics Act, the Consumer Product Safety Commission can issue mandatory flammability standards. Flammability standards have been established for clothing textiles, vinyl plastic film used in clothing, carpets, rugs, children's sleepwear, mattresses and mattress pads. Products that do not meet the Commission's flammability standards cannot be sold or distributed in interstate commerce. Consumers should know that a fabric that passes the federal flammability standards might still burn.
Pharmacists' Liability for Improperly Dispensing Prescription Drugs
Only pharmacists are allowed to compound, package, label, and dispense drugs. In order to dispense a drug, the pharmacist needs a prescription from a physician or other licensed practitioner. The pharmacist exercises discretion in performing his/her job. This article discusses a pharmacist's liability for improperly dispensing prescription drugs.
The Cigarette Labeling and Advertising Act and
The Cigarette Labeling and Advertising Act (CLAA) was passed by Congress in 1965 to make Americans more aware of the adverse health effects of smoking. The CLAA requires health warnings on cigarette packages. As amended by the Comprehensive Smoking Education Act, the CLAA requires cigarette packaging to contain one of four specific labels warning of the adverse health effects of cigarette smoking. Warning statements must also be included in newspaper, magazine, transit and outdoor advertising. Cigarette advertising is banned from radio and television.
