Archive for the ‘Product Liability’ Category

Toyota Scrutinized By NHTSA for Steering Rod Defect

Tuesday, May 11th, 2010

Just a month after Toyota was fined $16.4 million for failing to file a timely notice to the National Highway Traffic Safety Administration about the “sticky pedal” defect, federal regulators have opened a separate investigation involving the steering systems in nearly one million Toyota SUV’s and pickup trucks. The rod, which connects the steering wheel to the wheels, can become weak and snap and cause drivers to lose control of their vehicles. Officials believe that Toyota knew about the defect one year before they issued a recall in 2005. A similar recall was issued in Japan in 2004. Automakers must notify NHTSA within five days of learning about safety defects in their vehicles. Toyota has attempted to explain away the problem by stating that U.S. drivers do not perform the number of close-quarters maneuvers required in Japan. Therefore, a U.S. recall was unnecessary, since the steering  rod would not be exposed to as much stress and would not likely snap. The NHTSA has linked the Toyota steering system defect to at least 15 crashes, 7 injuries and 3 deaths. (5/11) Washington Post

Lettuce Linked to E. Coli Outbreak

Friday, May 7th, 2010

At least 19 people have been sickened from eating romaine lettuce contaminated with E. coli: 3 of the individuals are being treated for life-threatening symptoms. The source of the tainted lettuce has been traced to a lettuce farm in Yuma, Arizona. The lettuces were sold in 23 states, including Michigan, under the Freshway and Imperial Sysco brands. Yesterday, Freshway Foods issued a recall of the lettuces after the Food and Drug Administration identified Freshway as the distributor. Grab and Go salads sold at Kroger and 4 other grocery stores are also included in the recall. E. coli infections can cause mild diarrhea or have more serious consequences, causing damage or bleeding in the the kidneys or brain. (5/7) Detroit Free Press

Sticky Pedal Problem Reported in Dodge Caliber

Tuesday, May 4th, 2010

The National Highway Traffic Safety Administration is investigating consumer complaints alleging their accelerator pedals stuck while they were driving their 2007 Dodge Calibers. According to Chrysler Corporation, about 10,000 vehicles may be affected by a mechanical problem “stemming from the manufacturing process at the supplier level.” The supplier is CTS Corporation, the same supplier of pedals involved in the 2.3 million Toyota vehicles recalled earlier this year. Unlike the recalled Toyota vehicles, the Dodge Caliber has a brake override system that allows a driver to stop if the accelerator pedal becomes stuck. (5/4) Detroit News

Tobacco Industry Creates Novel Products, Entices and Addicts Youth

Monday, April 19th, 2010

In response to declining cigarette use and a rise in smoke-free air laws, at least two tobacco companies are test-marketing dissolvable tobacco products: one resembles Tic Tac breath mints but contains finely ground tobacco with mint and cinnamon flavors added. A recent study states that these products lure youths into using tobacco, thus creating a whole new generation of tobacco users to replace those users who have died off. The potential for these products to poison children is very much a concern since these products look like candy. Only one “candy” pellet caused a child to become ill. The tobacco industry denies they are developing new methods of addicting children and adolescents and claim they are merely providing options to adult smokers. (4/18) NY Times

FDA Short on Staff, Resources – Food Inspections Down, Food Fraud Rising

Thursday, April 8th, 2010

The nation’s food supply is anything but safe. Between 2004-2008, the Food and Drug Administration (FDA) inspected fewer than half of the facilities that it regulates. Some government officials claim that inadequate staffing and lack of modern technology and tools is the reason for the FDA’s lax enforcement. (4/7) Washington Post

While the FDA struggles with limited resources to prevent food contamination, food fraud is becoming more widespread and could affect up to 7% of the nation’s food supply. Food suppliers and manufacturers are selling products to companies and consumers that are not what the products say they are on the labels. Food fraud involves items such as oil, spices, wine and spirits, even maple syrup, but bogus seafood products pose the greatest risk to consumers. (3/30) Washington Post

Toyota Faces Tough Decision on Acceptance of $16.4 Million Fine

Tuesday, April 6th, 2010

As federal officials pore over tens of thousands of documents related to safety issues at Toyota, the company is faced with a dilemma: should it accept and pay a record $16.4 million that might look like an admission of guilt, or should it fight the government and risk more bad publicity. The documents, uncovered by U.S. officials, show that Toyota knew about the defects in September 2009 when it issued recalls in Europe and Canada for sticky gas pedals and problems related to sudden acceleration, but did not issue recalls in the U.S. until January 2010. Nearly 100 injury and death cases as well as many class action lawsuits have been filed nationwide against Toyota. (4/6) Detroit News, AP

Jury Levels $142 Million Verdict Against Pfizer

Tuesday, March 30th, 2010

A jury federal court decided that the drug company, Pfizer Inc., violated anti-racketeering laws by promoting Neurontin, its epilepsy drug, for unapproved uses and must pay $142.1 million in damages to a Kaiser system heath plan and its hospitals. Kaiser said it was misled by Pfizer’s claims that Neurontin could effectively treat migraines, bi-polar disorder and neuropathic pain and paid more than $90 million than it should have for Neurontin. Pfizer’s own studies that found the drug was no more effective than a placebo in treating those conditions. Kaiser claimed the drug company committed fraud in the marketing and sales of the product over a ten-year period. Actual damages of approximately $47 million will be tripled because the jury found Pfizer violated the RICO Act as well as the California Unfair Competition Law. (3/26) Bloomberg

One Million Baby Slings Recalled After Three Babies Die

Sunday, March 28th, 2010

Following a broad warning from the Consumer Product Safety Commission earlier this month regarding sling-style baby carriers, more than one million baby slings produced by Infantino were recalled this week. The slings were sold from 2003-2010 under the names “SlingRider” and “Wendy Bellissimo” at Target, Babies R Us and Burlington Coat Factory. The deaths of three infants have been linked to the recalled slings that are made from a fabric that can cut off the supply of air,  block an infant’s breathing and  suffocate the baby within a a few minutes. ( 3/24) Wall Street  Journal

FDA Examines Production of Spices, Recalls Salmonella-Tainted Seasoning

Wednesday, March 17th, 2010

The Food and Drug Administration is getting tougher on the spice industry after 16 recalls, since 2001, of tainted products. Most recently, black and red pepper has been linked to a nationwide salmonella outbreak. Americans have increased their consumption of spices over the past few decades and are at higher risk of becoming ill from salmonella-laden spices, most of which are grown overseas. The FDA is pressuring the spice industry to improve their processing methods to minimize contamination of their products. (3/14) Washington Post The seasoning, HVP, hydrolyzed vegetable protein, has been the target of a recent recall by the FDA involving seven companies, including Kroger, and several dozen items; soups, dips gravy and seasoning mixes. A recent test of HVP from Basic Food Flavors showed the product was contaminated with salmonella. (3/11) Oregon Business News

Warning Issued, Phasing-out of Hip Implant

Monday, March 15th, 2010

De Puy Orthopaedics, a division of Johnson & Johnson, has issued a warning to physicians about the high early failure rate of its hip implant device, known as the ASR, just months after announcing plans to curtail sales of the product by year-end. Some physicians say that De Puy did not act quickly enough as hundreds of affected patients have undergone painful and expensive follow-up surgeries to replace the ASR within a few years after the initial procedure. The ASR, a metal-on-metal implant, is one of several under scrutiny because they can generate metal fragments, causing inflammation and damage to muscles and tissue. Some experts believe design flaws in the De Puy implant are at the root of the device’s problems. (3/9) NY Times