Juul Accused of Selling Tainted Vaping Pods

The vaping manufacturing company, Juul, has been sued for allegedly allowing as many as one million tainted vaping pods to be sold on the market. The suit was filed by Juul’s former vice president, Siddharth Breja, who claims he was fired for raising concerns about the contaminated pods, as well as additional concerns that the company was knowingly selling expired products. The suit adds to growing public concern about the safety of vaping amidst a growing number of injuries and illnesses linked to vaping products.… Read the rest

You May Be Entitled to Damages in a Single-Vehicle Crash

car accident lawyer New York CityAccording to the National Highway Traffic Safety Administration (NHTSA) in 2016 more than half of the motor vehicle deaths involved a single-vehicle crash. In addition, in New York State there were almost 700 deaths as a result of a single-vehicle crash.… Read the rest

What You Should Know About Product Recalls

product liability lawyer New YorkWhat is a product recall?

A product recall is usually issued by a manufacturer informing customers that one or multiple products is unsafe as a result of a defect and can potentially cause death or serious injury to a consumer.  A product recall can occur as a result of testing by a manufacturer or as a result of prior incidents involving an injured consumer and their product. Commonly, product recalls can be issued in conjunction with a government agency, such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA).… Read the rest

$417 Million Verdict Against Johnson & Johnson

NY product liability lawyerOn August 21, 2017, Johnson & Johnson was the defendant in the largest talcum powder verdict of $417 million. A California jury awarded $70 million in compensatory damages and $347 million in punitive damages. The plaintiff alleged that the talc-based product, Baby Powder, caused her ovarian cancer. She argued that Johnson & Johnson encouraged women to use the product for hygiene even though studies linked talc with ovarian cancer.… Read the rest

Jury Awards a $110 Million Verdict Against Johnson & Johnson

talcum powder injury lawyer New YorkRecently, a St. Louis, Missouri jury awarded a $110 million verdict to a Virginia woman who claimed that she developed ovarian cancer as a result of using Johnson & Johnson’s talcum-based powder products for decades. This is the largest verdict to arise out of about 2,400 lawsuits that accuse the company of breaching its duty of care to customers by not informing them about the cancer risks associated with its talc-based products, including the most notable Johnson’s Baby Powder. Additionally, the company’s talc supplier was held partially liable for the plaintiff’s damages and was ordered to pay a portion … Read the rest

Four Loko to Stop Shipping Alcoholic Energy Drinks to New York; FDA May Ban the Drinks Altogether

Controversy has surrounded alcohol energy drinks such as Red Bull for their unhealthy concentration of caffeine. But rather than backing off, the beverage industry has come up with yet more potent and dangerous drinks. One such drink is Four Loko, an alcoholic energy drink combining alcohol and caffeine.

To combat the danger, the New York State Liquor Authority (SLA) announced that the SLA has reached a voluntary agreement with Four Loko producer Phusion Products to stop shipping alcoholic beverages that contain caffeine and other stimulants to New York State by this Friday, November 19, 2010. Phusion Products has also agreed … Read the rest

Perhaps Sling Carriers for Babies Should be Banned Until a Mandatory Safety Standard is Developed

Baby slings – soft fabrics that wrap around the chest so that busy parents can carry their babies or just stay close as they bond with their infants are potentially dangerous products that continue to be of great concern. This past week the U.S. Consumer Product Safety Commission (CPSC) announced the recall of about 40 Sprout Stuff infant ring slings. The CPSC advised consumers to immediately stop using Sprout Stuff infant ring slings due to a risk of suffocation to infants.

This recall follows one on March 24, 2010, by Infantino LLC, of more than one million Infantino SlingRider and … Read the rest

Cheers for a New U.S. Consumer Product Safety Commission Rule That Exposes Renegade Manufacturers to Greater Civil Penalties

The U.S. Consumer Product Safety Commission (CPSC) voted last week to approve (4-1) a final rule interpreting factors to be considered when seeking a civil penalty amount for knowing violations of CPSC laws.

The new factors required to be considered are: (1) the nature, circumstances, extent, and gravity of the violation, including the nature of the product defect or the substance; (2) the appropriateness of the penalty in relation to the size of the business or of the person charged, including how to mitigate undue adverse economic impacts on small businesses; and (3) other factors as appropriate.

These factors are … Read the rest

Direct to Consumer Advertising of Cypher Stent Draws Heavy Criticism and Points to Need for Legislation

For several years the U.S. Food and Drug Administration has been reviewing a set of guidelines proposed in 2004 for advertising medical devices. Now, a television advertisement for a heart stent, metal mesh devices that are used to prop open arteries after they have been cleared of blockages, has been scrutinized and attacked in an op-ed article for failing to adequately warn consumers about the potential dangers of receiving a stent, including a ruptured coronary artery. The ad does warn of heart attack and stroke.

The ad for the Cypher stent, made by the Cordis subsidiary of Johnson & Johnson, … Read the rest

Taking Mirapex or Requip for Restless Leg Syndrome? Beware of “Disease Mongering”

“Disease mongering” is a term coined by some drug-marketing critics to describe what they view as an effort by pharmaceutical companies to enlarge the market for a drug by convincing people that they are suffering from something that can be medically treated and encouraging them to ask their doctor to prescribe the drug in order to enlarge the market for drug treatment and promote a particular product.

An example of such a tactic is advertising for Restless Leg Syndrome (RLS), a neurological disorder characterized by unpleasant feelings in the legs with an associated uncontrollable urge to move when resting because … Read the rest