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Product
Liability News
Orphan drugs: the question of products liability
Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote the development of orphan drugs have met with modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes the provisions of the Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that the goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, the Note acknowledges that liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers' liability concerns.
The CPSC warns consumers about the hazard of exposure to consumer products containing asbestos
These products include: Asbestos paper and millboard,Asbestos-cement sheet,Dry-mix asbestos furnace or boiler cement,Asbestos wood/coal stove door gaskets,Asbestos laboratory gloves and pads,Asbestos stove mats and iron rests,Central hot-air furnace duct connectors containing asbestos,Bulk asbestos fibers,Some of these products still are for sale or may be in consumers' homes. Handling these products may release asbestos fibers; breathing asbestos fibers is known to cause cancer.
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News about product liability cases in Iowa and nationwide:
Definition:
Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose.
Express Warranties
Definition:
Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging.
Product Safety Recalls
Definition:
Sometimes sale of the item is banned. A manufacturer may establish a recall program that asks consumers to return the defective item for replacement or repair.
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