Household Chemical Litigation

Almost any household chemical can be dangerous if swallowed or spilled. It is estimated that the average home in America contains over 60 toxic chemicals. Some of the commonly used household products that can be dangerous are air fresheners, ammonia, bleach, carpet and upholstery shampoos, dishwasher detergents, drain cleaners, furniture polishes, mold and mildew cleaners, oven cleaners, antibacterial cleaners, and toilet bowl cleaners. The injuries that these products can cause range from mild skin irritation to death.

Overview of Federal Food, Drug, and Cosmetic Act

Congress passed the Federal Food, Dug, and Cosmetic Act (FDCA) in 1938. The FDCA set up the Food and Drug Administration (FDA) to enforce the Act. The goals of the FDCA were to assure that foods are pure and safe to eat, that drugs and medical devices are safe and effective, and that cosmetics are safe. The FDCA banned adulterated and misbranded food from interstate commerce. The FDCA also regulates the labeling and packaging of foods, drugs, medical devices, and cosmetics. Under the FDCA, the FDA was given authority to adopt regulations dealing with food, drug, medical device, and cosmetic safety. This article discusses important amendments to the FDCA.

The Physician's Liability for Drugs and Medical Devices

Most medical treatment uses some form of drug therapy. Consequently, most medical malpractice actions have a drug liability aspect. A physician has a duty to exercise the skill and care generally shown by competent physicians with similar training in diagnosing a condition and prescribing drugs or medical devices. If not, the physician can be held liable for professional negligence or medical malpractice.

What Is Being Done About Prozac and Other Pharmaceuticals in Drinking Water?

Prozac(r), with an active ingredient called fluoxetine, is one of a class of prescription medications known as selective serotonin reuptake inhibitors (SSRIs). SSRIs are used to treat depression. They are one of the most heavily prescribed medications in the U.S. As a group, chemicals from drugs, cosmetics, toiletries, and veterinary drugs are referred to as PPCPs (pharmaceuticals and personal care products). This article discusses the health and environmental concerns related to PPCPs.

Misrepresentation in Product Liability

Product liability occurs when the manufacturer or seller of a defective product allows that defective product to get into the hands of a consumer. When a manufacturer or seller misrepresents a product, that misrepresentation can be the basis for a product liability action. In the product liability context, misrepresentation occurs when product advertising, packaging, labels, or other product information available to consumers misrepresent material facts concerning the quality or use of the product.