NHTSA orders Takata to stop using volatile chemical in its air bags
There have been many automotive recalls in recent decades, but the current Takata air bag recall stands out. Unlike most recalls, which involve just one car company, Takata air bags are found in vehicles made by at least a dozen major manufacturers. Therefore, the number of vehicles recalled is especially large, and effectively coordinating the […]
read moreJustice Department cracks down on dietary supplement makers
As a follow-up to posts we recently wrote about pharmaceutical company marketing practices, we also wanted to warn readers about the dietary supplement industry. Unlike prescription drugs, which are subject to FDA approval before they can go on the market, virtually any product labeled as a “dietary supplement” can be sold without FDA scrutiny. Supplements […]
read moreBig pharma marketing practices may be harming public health: Part II
We are continuing a discussion today that be began in our last post. Pharmaceutical companies in the United States have very deep pockets and enormous lobbying power – both of which are being utilized to weaken public-safety regulations. Specifically, drug companies are now seeking to assert their “right” to market prescription drugs for uses other […]
read moreBig pharma marketing practices may be harming public health: Part I
In a September post, we discussed the problem of prescription drug marketing in the United States. Pharmaceutical companies make invaluable contributions to society in the form of important drugs that can save lives and improve health. And they take on this important work not as a public service, but rather because it is highly lucrative. […]
read moreDrug companies may see criminal fines as the cost of doing business
Earlier this month, we wrote about the Food and Drug Administration’s questionable decision to approve opioid painkillers for patients as young as 11 years old. Although doctors have already been prescribing drugs to young patients at their own discretion, drug companies were not allowed to market drugs for these patients. So-called “off-label” prescribing is legal, […]
read moreRemembering important legislation on auto and highway safety
In recent years, President Lyndon Johnson has been remembered as a champion of the civil rights movement. But for all the important work Johnson did in collaboration with Martin Luther King Jr. and other activists, he also advocated for practical measures that would improve safety for all Americans. On this week in 1966, President Johnson […]
read moreDangerous painkillers now approved for patients age 11 and older
While pharmaceutical companies provide an invaluable public service by developing and manufacturing new medications, it is widely recognized that objective safeguards need to be in place. This is because drug companies are driven by the potential for profit rather than public safety and health. It is the job of the Food and Drug Administration to […]
read moreIn an accident, the product, not the person, may be to blame
If you take a quick look at our last post, you will quickly pick up our reference to human error being the cause of most motor vehicle accidents. A closer look, though, will tell you that the post is not about human error, or even the potential for human error. The focus is on the […]
read moreIs liability less of an issue with driverless vehicles?
The easy answer to the question posed above is, of course, no. But driverless or fully autonomous cars are not yet widely in use on U.S. roads. As we have noted previously, California has passed laws that allow for the testing of computer- and sensor-controlled vehicles. And as readers are surely aware by now, some […]
read moreWhat are express and implied warranties under the UCC?
One of the primary sources of product liability law is the Uniform Commercial Code. The UCC came about as a way to harmonize laws governing commercial transactions from state to state. Each state legislature has adopted at least part of the UCC — California has adopted the entire UCC — and may have adapted at […]
read moreWhat are the 4 major grounds for product liability? (continued)
We are picking up our discussion of the legal theories of product liability. As we explained, the plaintiff — or the plaintiff’s attorney — must answer “yes” to at least one of four questions about the claim. The first two, reviewed in our April 23 post, addressed negligence and warranties. The subject came up in […]
read moreWhat are the 4 major grounds for product liability?
In our March 27 post, ’60 Minutes’ questions safety of laminate flooring; CPSC responds, we mentioned that homeowners had filed multiple class action lawsuits against the manufacturers of defective drywall. Lumber Liquidators could find itself in equally hot water, if consumers can successfully link health problems to the toxins in the laminate flooring — at […]
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