Category Archives: Warnings/Instructions

A Lesson from the Lusitania 100 Years Later

The famous quote by George Santayana that “those who cannot remember the past are condemned to repeat it” can be an important reminder to companies and manufacturers to learn from past mistakes. And it is always best to learn from others’ mistakes before making them yourself. The misuse of a safety device during the sinking of the Lusitania 100 years ago can provide a powerful lesson still today. On a pleasant afternoon on May 7, 1915, the top echelon luxury liner of her…

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Unsure What “Natural” Means? That’s Natural…

As anyone who has entered a grocery store in recent years has noticed, there has been a proliferation of foods and beverages claiming to be “natural.” This is not surprising, as according to market research, there is a large percentage of Americans who seek out and buy these types of products. Unfortunately, the FDA has not provided a clear statutory definition of what “natural” means. However, despite this regulatory uncertainty, manufacturers, suppliers, marketers, and retailers of such “natural” foods and beverages can glean some guidance…

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Portable Generators Linked to Carbon Monoxide Deaths

With the increase in violent storms and extreme weather causing more power outages, the number of homes using portable generators has dramatically increased in recent years. Portable generators have fuel burning engines and the exhaust emitted from these engines contains dangerously high levels of carbon monoxide. When used indoors or in enclosed spaces, the exhaust from portable generators can be fatal. The Consumer Product Safety Commission (CPSC), in a recent report, found that portable generators were linked to more than 85 percent of non-fire carbon…

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In The Hot Seat – Delayed Implementation Of New Sunscreen Labeling Rules Draws The Ire of US Senators

The U.S. Food and Drug Administration recently delayed the implementation of new sunscreen labeling requirements that were set to go into effect on June 18, 2012 for at least an additional six months.  The new sunscreen labeling rules will ultimately bar manufactures from making certain claims about the protections afforded by the sunscreen and require the sunscreen to meet certain benchmarks before information may be placed on the product’s label.  United States Senators Kristen Gillibrand and Charles Schumer authored a letter to FDA voicing their…

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Don’t Say I Didn’t Warn You: Failure to Warn Can Result in Costly Litigation

In the first Risperdal antipsychotic lawsuit to go to trial for personal injuries, a New Jersey jury found overwhelmingly that Johnson & Johnson’s product was not a substantial factor in causing the plaintiff to develop diabetes. However, the jury also found, overwhelmingly, that J&J failed to fully and adequately warn the plaintiff of the potential risk of side effect and illness that can be associated with taking Risperdal.   Though no monetary award was granted to the plaintiff in this particular action, J&J has been…

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