Danger Lurking in the Hot Tub

9/15/2017· Product Liability

A Viable Product vs. The Legal System

By: Dr. Carl J. Abraham

In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.

7/28/2014· Product Liability

Should Food Carry Warning Labels?

By: Dr. Gerald M. Goldhaber

Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

6/25/2014· Product Liability

FDA Warns Against DMAA: Supplement Makers Agree to Remove DMAA

By: Dr. Gerald M. Goldhaber

In the November, 2012 issue of this newsletter, I wrote that the FDA was investigating reports of deaths due to the intake of energy drinks and was determining if energy drinks were safe. Earlier this month, the FDA issued a harsh warning against energy drinks and supplements containing the stimulant dimethylamylamine (DMAA), telling consumers to stay away from it while adding that the agency was "using all available tools at its disposal" to ensure that it is no longer sold. This is a formidable task because we as a nation spend more than $12.5 billion a year on energy drinks, shots and drink mixes. Although seven other countries, including Canada, had previously banned supplements containing DMAA, these products had remained widely available at supplement stores in the United States, including GNC.