Personal Injury and Mass Tort Law Blog

Published on: March 11, 2025

FDA Bans Red No. 3, the Artificial Coloring in Many Products

red-3270956_640-e1739031721374 Red No. 3 is used as bright red artificial coloring in candy, cereal, fruit cocktails, strawberry-flavored milkshakes, and other foods and beverages. It’s ubiquitous. And so it’s alarming that data has surfaced that the dye can cause cancer in lab animals; specifically, evidence reveals that lab male rats exposed to heightened Red No. 3 levels developed cancer.

The FDA recently banned use of Red No. 3, but the Center for Science in the Public Interest has commented that it exists in thousands of—a whopping 9200—products. Notably, the FDA isn’t banning Red No. 40, another artificial dye linked to problems, specifically behavioral ones, in kids.

Food manufacturers can take until Jan. 15, 2027, to reformulate their products, which means consumers should be alert to ingredient lists and avoid products with Red No. 3. Those manufacturers of ingested drugs that include Red No. 3 such as supplements have until January 15, 2028.

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Published on: March 4, 2025

The FDA Makes Announcements Related to Smoking and Nicotine Addiction

By Moll Law Group

cigarette-7285317_640 2025 opened with announcements from the U.S. Food and Drug Administration (FDA) about cessation of smoking and the reduction of nicotine addiction. The first of the two announcements was a Notice of Proposed Rulemaking. This would call for a reduction in nicotine in combustible tobacco products to levels that are not addictive. This has been requested by public health advocates since 2009’s Family Smoking Prevention and Tobacco Control Act, which authorized such a change. The agency has set out a comment period that from January 16 all the way to September 15 of this year. However, the other announcement had to do with authorizing 3 mg and 6 mg nicotine content in a broader range of flavors of 20 Zyn nicotine pouches, which seems potentially dangerous for children. If your child was harmed by a nicotine pouch or other addictive nicotine product, call the knowledgeable product liability lawyers of Moll Law Group.

Consult the Trustworthy Moll Law Group About Your Nicotine Claim

In a time when the harms of nicotine to the body and brain, particularly on youth brain development, are increasingly clear, it seems surprising that the FDA would authorize 20 Zyn nicotine pouches in multiple attention-grabbing flavors like Peppermint, Chill, Smooth, Citrus, and Cinnamon. The second announcement seems to cut against the general tendency of the FDA to try to spur smoking cessation, such as by calling for reductions of nicotine in other products.

The agency justifies the decision allowing for greater marketing efforts with the claim that adults who use Zyn have switched entirely to those products to consume nicotine rather than smoke cigarettes or obtain smokeless tobacco. It claims that the Zyn products have less deleterious chemicals than those other products. It also argues that it will keep an eye on Zyn marketing to make sure the manufacturer is complying with the nuances of the marketing order—Zyn isn’t allowed to promote these products to children or teens, and the marketing order can be rescinded for noncompliance.

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Published on: February 25, 2025

Depo-Provera Claims Now Centralized and Part of Multidistrict Litigation

By Moll Law Group

injection-957260_640-e1739547652876 In an important legal step, the Depo-Provera birth control lawsuits have been centralized and transferred to multidistrict litigation that will take place in Florida. There were 27 lawsuits pending in 8 districts, and another 41 related actions pending in 15 districts. Plaintiffs had proposed to centralize the litigation in the Northern District of California or the Central District of California. However, the Panel on Multidistrict Litigation elected to move the cases to Florida. If you were harmed by Depo-Provera, you may have grounds to pursue damages in a product liability lawsuit. The seasoned Chicago-based lawyers of Moll Law Group represent plaintiffs around the country. Billions have been recovered in product liability lawsuits with which we’ve been involved.

Call Moll Law Group About the Harm You’ve Suffered from Depo-Provera

The plaintiffs who brought Depo-Provera lawsuits have alleged that they used the injectable contraceptive. Studies now show that long-term use of Depo-Provera can result in an increased risk of developing meningiomas (types of brain tumor) and the plaintiffs argued that they developed intracranial meningioma that was caused by use of Depo-Provera or a generic version of it. They sought centralization of these claims because they have substantially similar misrepresentation and product liability claims.

The Judicial Panel on Multidistrict Litigation found that the actions that were brought before them involve common questions of fact and that centralizing these cases in the Northern District of Florida will serve the parties’ convenience, as well as the witnesses, and promote the just and efficient conduct of the litigation.

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Published on: February 18, 2025

USDA Report finds Boar’s Head listeria outbreak was due to poor sanitation practices

By Moll Law Group

charcuterie-338498_6401-e1739031396223 Last July, Boar’s Head recalled liverwurst products due to a listeria outbreak. This recall eventually expanded and came to encompass sliced hams and sausages produced at the same plant as the liverwurst. Recently, the United States Department of Agriculture determined that a Boar’s Head facility’s inadequate sanitation practices contributed to the serious listeria outbreak last year. This was an outbreak from July through November that killed 10 people and resulted in hospitalizations of even more. The report from the USDA shows disturbing yet routine sanitation violations.

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The USDA’s report examines alarming facility conditions that included dead bugs, mildew and black mold near machines, condensation dripping onto exposed products, broken flooring that could retain moisture that would make conditions for the meat wet, and meat and fat residue from the prior day’s production on packaging and other equipment.

Boar’s Head has expressed that it is cooperating with the USDA investigation and is trying to improve food safety programs, such as by implementing greater food safety control procedures and more serious testing at the poultry and meat facilities.

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Published on: February 11, 2025

What’s Happening in Mass Tort Litigation in 2025?

By Moll Law Group

courtroom-144091_640-e1736228223529 This year, important actions will occur in a number of federal mass tort cases. These cases involve forever chemicals, social media, diet drugs, Bayer’s Roundup, preterm infant formula, ultra-processed foods, Depo Provera, and plastics. In some cases, mass tort lawsuits have survived a number of pretrial motions and will be going into further motion practice or to trial. Other legal issues, including the use of novel theories of law to establish companies’ liability, are making litigation this year complex and contentious. Give our attorneys a call, if you were harmed by any of the mentioned products. We represent clients across the country and billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About Your Mass Tort Lawsuit

Mass torts are filed in civil court when there are many individual lawsuits against a defendant (or several defendants) for injuries arising out of the defendants’ similar acts or omissions against the various individuals suing. Often devastating injuries are involved.

Bayer’s Roundup Litigation

Over 50,000 claims have been made against Monsanto and Bayer, which acquired weedkiller Roundup when it purchased the former, for alleged defects in Roundup. The weedkiller’s active ingredient is glyphosate, which is carcinogenic. While Bayer did win most of the recent Roundup trials, there have also been verdicts that are collectively more than $1 billion, even in instances where they were reduced, which bodes poorly for the manufacturer. In 2020, Bayer settled certain Roundup cases for $10.9 billion, and it hopes to ask the Supreme Court to rule that federal law preempts these plaintiffs’ claims. However, many cases are still ongoing, and 2025 will likely see more trials, though it’s also possible another settlement will be reached.

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Published on: February 4, 2025

Seasoned Attorneys for Abbott Trifecta Valve Lawsuits

By Moll Law Group

surgery-1807541_640-e1737155771843 In February 2023, Abbott, which manufactures Trifecta Valves warned doctors and other providers that its valves were subject to early structural valve deterioration. In summer 2023, the company announced that it would stop sales of the Trifecta Valves, including Trifecta Valve with Glide Technology (Trifecta Valva GT). Meanwhile the Food and Drug Administration (FDA) has offered many recommendations and continues to work with the manufacturer to determine the risks and best practices in connection with the affected valves. If you were injured or a loved one’s death is because of an Abbott Trifecta Valve that deteriorated early after being implanted, call the seasoned Chicago-based attorneys of Moll Law Group. Our firm serves consumers around the country—billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About an Abbott Trifecta Valve Lawsuit

Some patients with diseased aortic heart valves or who have malfunctioning or damaged prosthetic aortic heart valves were treated with Trifecta and Trifecta Valve GT. The FDA first approved first generation Trifecta valves in 2011. While the first generation model is no longer in service, many other kinds of Trifecta Valves have been implanted since. Studies show that the Abbott Trifecta Valves require more reintervention than other commercial valves. They’ve deteriorated in some instances just three to four years after being implanted.

Health care providers have been told about the potential dangers of early structural valve deterioration (SVD), but the full risks are not known. If you were harmed by a valve or a loved one died because of the deterioration of an Abbott Trifecta Valve, you should let the FDA know about the adverse event, so that it can get a better sense of the dangers. You can also expect that your health care provider is now aware of the possible risks and if you have one implanted, you should see your provider to determine the next best steps.

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Published on: January 28, 2025

Study Reveals Increase in Pregnancy Complications in Illinois

By Moll Law Group

woman-1284353_640-e1737155490309 Recently, Northwestern Medicine published a study that finds that maternal health problems and birth complications have increased in Illinois. Severe maternal morbidity or severe health impacts from labor and delivery went up from 1.4% to 2% in connection with 988,000 births between 2016-2023 at more than at 127 hospitals in Illinois. In addition, researchers found increased rates of gestational diabetes, mental health problems, obesity, and high blood pressure, all of which are risk factors for maternal morbidity and complications around birth. Some of the increase may have to do with medical errors. If you were harmed or lost a loved one due to what you believe was a medical error, you should call the seasoned medical malpractice lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Consult Seasoned Attorneys of Moll Law Group About Pregnancy Complications

Doctors are aware of the stress pregnancy places on the body. Sometimes chronic illnesses and conditions can be exacerbated by pregnancy and the hormonal changes involved. In the study, which was published in the journal Obstetrics & Gynecology Open, researchers found that Black women have over twice the rate of serious complications that white women do. Also facing greater risks of severe maternal complications across racial groups are those pregnant women who live in high-poverty neighborhoods. The study found an increase of over 22% in vaginal birth complications and an increase of almost 49% with cesarean birth complications.

According to the study, greater access to prenatal care and health counseling prior to pregnancy would be a crucial move towards reducing maternal health problems and birth complications. When a mother has medical conditions during pregnancy, doctors may need to make changes to the usual recommendations for what sorts of tests are performed, what medications are taken, or how delivery is timed. The study’s authors also highlighted the work of Illinois Perinatal Quality Collaborative to reduce maternal disparities during labor and delivery and noted that increased access to doulas and patient navigator programs—and policies to reduce poverty—can also have a positive impact.

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Published on: January 21, 2025

Preterm Infant Formula Litigation Update

By Moll Law Group

Two preterm formula cases have been tried against manufacturers. The president of the American Academy of Pediatrics has emphasized that preterm infant formula is both routine and necessary in the care of preterm infants. However, last year, there was a major victory in Gill v. Abbott Laboratories, a preterm infant formula case, and hundreds of cases continue. If your baby was injured or died as a result of NEC that you believe was caused by preterm infant formula, call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases around the country with which we’ve been involved.

Call Moll Law Group About Your Preterm Infant Formula Claim

In Gill v. Abbott Laboratories, the plaintiff sued Abbott Laboratories on behalf of her preterm infant, claiming that the company’s cow’s milk-based preterm infant formula caused the infant’s necrotizing enterocolitis (“NEC”), an intestinal disease that often affects preterm infants. The science can be a little difficult to understand since the studies say that preterm infants exclusively fed the cow’s milk-based formula are at a higher risk of developing NEC than those fed only human milk, but studies have not firmly concluded that there is a direct causal link between NEC and cow’s milk-based formula.

During Gill v. Abbott Laboratories’ pre-trial motions and pleadings, the manufacturer defended itself under the learned intermediary doctrine, an affirmative defense. This is a doctrine that applies in some states to remove responsibility from manufacturers of prescription drugs and medical devices of the duty to provide direct warnings to patients or consumers of the risks associated with those drugs and medical devices, so long as the manufacturer gives appropriate information to the physician prescribing the medication or device. The physician then bears the responsibility of letting patients know what the pros and cons are, and what would be the most prudent course of treatment. In Gill, the plaintiff moved for summary judgment and asked the court to determine that the manufacturer wasn’t entitled to use the learned intermediary doctrine and other similar affirmative defenses.

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Published on: January 7, 2025

Wrongful Death Lawsuit Against Monsanto

By Moll Law Group

agriculture-8275498_640-e1734908560378 Roundup litigation continues. One of the more recent federal lawsuits in the Roundup lawsuits involves a widow suing Monsanto Co. on the grounds that Roundup, the herbicide/weed killer is “defective, dangerous to human health, unfit and unsuitable” and should not be marketed or sold. Her lawsuit alleges that use of Roundup contributed to her late husband’s death due to Non-Hodgkin’s lymphoma. If your loved one died due to Monsanto’s Roundup, you should call the seasoned lawyers of Moll Law Group.

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The lawsuit alleges that Monsanto knew or should have known that glyphosate, which is the active ingredient in the weedkiller was linked with an increased risk of developing Non-Hodgkin’s lymphoma and other types of cancer. According to the complaint, the manufacturer knew of the association all the way back to the early to mi-80s, and that since then multiple studies have revealed that glyphosate is carcinogenic. Accordingly, it’s argued in the lawsuit, the harm caused by Roundup was avoidable. The International Agency for Research on Cancer classified glyphosate as probably carcinogenic as far back as 2015.

The plaintiff claims that the company downplayed the risks, too. The marketing language that she takes exception to compares Roundup to table salt in comments about its safety, and the complaint states that there is tremendous evidence to the contrary. Theories of recovery she asserts include strict products liability, negligence, and breach of implied warranties

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Published on: December 24, 2024

Consumers are Urged Not To Use Fire Pits That Use Pooled Alcohol or Liquid Fuel

By Moll Law Group

fire-pit-6639144_640-e1734907259336 Firepits that function by burning liquid fuels like pooled alcohol can be extremely dangerous. The United States Consumer Product Safety Commission (CPSC) has asked consumers not to buy or use these fire pits, which are sold as fire pots, tabletop fire pits, miniature fireplaces and portable fires that can be used indoors. The CPSC has also asked sellers to stop selling them. They released a flame jetting safety video. Since 2019, these pits have been connected to two deaths and a minimum of 60 injuries. If you were injured or a loved one was killed as a result of burns from a firepit, you should call the seasoned Chicago-based product liability attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Consult an Experienced Chicago-Based Product Liability Attorney

The CPSC previously alerted consumers that they should not use FLIKRFIRE Tabletop Fireplaces and recalled Colsen-branded tabletop fire pits. With this latest warning, they’re focused on fire pits that necessitate the pouring of rubbing alcohol or another liquid fuel into an open container and the igniting of that pooled liquid. The warning specifies that this method violates the voluntary safety standard ASTM F3363-19. This standard is intended to stop pool fires where flames burn on the surface of a flammable liquid and flame jetting, which happens when flames arise in containers of liquid fuel. Rubbing alcohol, ethanol, bioethanol and similar liquids have temperatures that exceed 1600 degrees Fahrenheit. They can result in 3^rd degree burns in under a second.

When of a pool of alcohol is ignited in an open container of a fire pit, the fire can quickly get out of control. Large hot flames, greater than those expected, may go beyond the bounds of the fire pit. With flame jetting, a person who refills the alcohol or other liquid while the flame is present, can be at risk of serious burns, as well, from an explosion that propels the flames and burning hot liquid to those in the vicinity.

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