Product Liability

Published on: August 30, 2021

Chicago Consumers Should Be Aware of FDA Recall of Hand Sanitizers

At the start of the COVID-19 pandemic, there were many questions about how best the public should protect itself. Among the recommendations were more frequent hand washing and hand sanitizing. Since then, there’s been a new Delta variant causing new surges, and yet there are some dangers consumers should be aware of when using hand sanitizers to guard against COVID-19 and its variants. The United States Food and Drug Administration (FDA) has built a fairly long list of recalled hand sanitizers. At last look, there are 255 different recalled hand sanitizers listed. Chicago consumers should stay aware of the potential harm of these products.

According to the FDA, around nine hand sanitizers produced in Mexico contained high levels of methanol. Methanol is produced from vegetation, microbes and volcanic gases. It’s often used as a solvent in various pharmaceuticals and as an industrial solvent for dyes, adhesives, resins, and inks. Importantly, consumers should be aware it is a chemical that may have detrimental effects whether exposure is short-term or long-term.

Symptoms of toxic exposure to methanol include vomiting, nausea, headache, permanent blindness, coma, seizures, permanent nervous system damage or death. If you were exposed to hand sanitizer that has methanol in it, you should get treated immediately.

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Published on: August 23, 2021

FDA Notifies Amazon It Is Distributing Defective Drugs

By Moll Law Group

In spite of its efforts to stop the distribution of dangerous weight loss and sexual enhancement products, the Food and Drug Administration (FDA) continues to discover weight loss and sexual enhancement products that violate the federal Food, Drug, and Cosmetic Act at various online stores. Consumers in Chicago and elsewhere should be wary of purchasing these types of products online.

The FDA has warned consumers about dangerous products available at online retailers for a decade, but in spite of efforts to improve safety in these spaces, violations persist. On July 26, 2021, the FDA issued a letter to let Amazon know that it was distributing weight loss and sexual enhancement products that violate the federal Food, Drug, and Cosmetic Act. The distributed products include hidden ingredients that could have harmful medical consequences.

The FDA sampled 26 products it bought on Amazon. It also sampled 25 products it bought on eBay. Alarmingly, the FDA found that all 26 of the drugs bought on Amazon contained undeclared active ingredients. 20 of 25 products purchased on eBay also did. None of the potentially harmful ingredients in these products is declared in the product labeling so that consumers know to seek physician supervision and advice with regard to them. For instance, an FDA lab analysis confirmed that X Rated Honey for Men includes tadalafil, which is the active ingredient in the erectile dysfunction drug Cialis. Likewise, analysis found tadalafil, the active ingredient in the FDA-approved prescription drug Cialis, in Adam’s Secret Extra Strength 2000 sold through online retailers.

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Published on: May 18, 2020

Illinois Residents with Certain Breast Implants May Be in Danger, According to FDA

By Moll Law Group

Earlier this month, the Food and Drug Administration (FDA) issued a warning regarding

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two breast implant manufacturers for their failure to comply with specific regulatory requirements. According to the official FDA press release, the FDA sent warning letters to Allergan and Ideal Implant Incorporated.

The Warning Letters

Under United States regulations, the manufacturers of silicone breast implants must conduct studies to ensure the continued safety of their products, even after the product has obtained FDA approval. According to the FDA, these post-approval studies are designed to “further evaluate the safety and effectiveness of the products and to answer additional scientific questions about the long-term safety and potential risks of breast implants that their premarket clinical trials were not designed to answer.”

Notably, the FDA requires this follow-up testing even if the manufacturer voluntarily recalls a product. These post-approval studies are crucial to evaluate the continued safety of recalled breast implants for those who already have had the devices implanted.

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Published on: August 12, 2019

Bayer Considers Paying up to $8 Billion to Settle over 18,000 Pending Roundup Lawsuits Amid “Shareholder Revolt”

By Moll Law Group

In 2015, the International Agency for Research on Cancer, a division of the World Health Organization, classified glyphosate, the active ingredient in Roundup, as a possible carcinogen. While this is not the first product that presents a risk of cancer to users, the Roundup cases are unique because so many people have been exposed to the product. Since the discovery that Roundup may cause cancer, there have been thousands of product liability lawsuits filed against Bayer, the German manufacturing giant. Bayer purchased Monsanto, the company that initially created and marketed Roundup, in 2018.

Photo Credit: Sheila Fitzgerald / Shutterstock.com

These product liability claims seek to hold the company accountable for tragic effects caused by its herbicide, which the company did not disclose to consumers. Over the past few years, several of these cases went to trial, resulting in multi-million-dollar verdicts, totaling over $2 billion to date.

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Published on: June 20, 2019

Are Children Eating Cereal Containing the Weedkiller Roundup?

By Moll Law Group

Earlier this year, the manufacture of the popular herbicide, Roundup, was found to be liable in a series of product liability lawsuits and ordered to pay a total of $2 billion in punitive damages. In addition to these cases, there are approximately 13,400 others who are waiting for their case to be heard, all of whom claim that glyphosate, the chemical found in Roundup, is responsible for their cancer diagnoses.

Photo Credit: Denis Makulov / Shutterstock.com

Over the years, Roundup has been used to treat crops across the United States. It is also used as a desiccant, or a drying agent, that is sprayed onto crops – especially oats – just before they are harvested. Farmers use glyphosate to kill the crop so that it dries out faster, allowing manufacturers to process the oats more quickly. As a result, it has been suggested that high levels of glyphosate can be found in certain oat products. Thus, the dangerousness of Roundup may not only affect adults who used the product, but also anyone who consumes food containing glyphosate.

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Published on: April 9, 2019

Seizures Reported Following E-Cigarette Use Especially in Youth – FDA Report Indicates

By Moll Law Group

The truth is that manufacturers are most interested in making a profit. Some manufacturers place dangerous products into the stream of commerce, putting millions of lives at risk. Often, there is something more that could be done to create a safer product; however, manufacturers may need encouragement to make their products safer. This encouragement frequently comes from a manufacturer’s fear of legal liability associated with a lawsuit, such as an Illinois product liability claim.

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Take cigarettes, for example. For decades, there has been widespread agreement that smoking is hazardous to health. Indeed, tobacco companies are still facing lawsuits brought on behalf of those who have died due to complications caused by smoking. However, over the years, society has become more informed about the dangers of tobacco, and more recently the trend has shifted away from smoking traditional tobacco cigarettes and toward “vaping.”

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Published on: February 6, 2018

Recent Study Suggests E-Cigarettes May Not Be a Safe Alternative to Smoking

By Moll Law Group

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Over the past decade, manufacturers of electronic cigarettes, or e-cigarettes, have marketed their product as a safe alternative to smoking. Indeed, their efforts have been largely successful, with an estimated 2 million adults and teens reporting they have used an e-cigarette within the past three days.

That being said, the federal Food and Drug Administration has not approved the use of e-cigarettes as a stop-smoking aid. The U.S. Preventative Services Task Force agrees, noting that there is insufficient evidence supporting the use of e-cigarettes for those who want to quit smoking. Part of the reason why e-cigarette use has not been approved is the lack of longitudinal studies following the health of those who use them on a routine basis.

In recent news, according to a study released by researchers out of New York University and published in Proceedings of the National Academy of Sciences, e-cigarettes may still pose a potential risk of lung cancer, bladder cancer and heart disease. Depending on the results of further research, users of e-cigarettes who develop lung cancer, bladder cancer or heart disease may be eligible for compensation through a product liability lawsuit against the manufacturers of these products.

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Published on: May 15, 2017

Missouri Jury Returns Verdict in Favor of Plaintiff in Johnson & Johnson Talcum Powder Cancer Lawsuit

By Moll Law Group

Earlier this month, a Missouri jury returned a verdict assessing $110 million in damages against household product maker Johnson & Johnson in a lawsuit regarding its talcum powder products. This litigation marked the fifth trial that the company has faced regarding whether or not these products lead to the development of ovarian cancer. The plaintiff in this lawsuit, a woman from Virginia, alleged that she used the company’s talc-based products for over four decades and developed ovarian cancer as a result. The plaintiff was required to undergo chemotherapy after she was diagnosed with cancer, which later spread to her liver. In her complaint, the plaintiff specifically identified Johnson & Johnson’s Shower Powder and Baby Powder products.

The talcum powder that Johnson & Johnson uses for its talc-based products is sourced from a company called Imerys Talc America. This company is owned by another company based in Paris.

Currently, there are over 2,000 lawsuits containing similar allegations pending against Johnson & Johnson. One of the primary causes of action asserted in the complaints is that Johnson & Johnson failed to provide adequate warnings regarding the potential risk of developing certain cancers from the use of its talc-based products, despite evidence available at the time the product was marketed suggesting a linkage. These lawsuits are mostly still pending in St. Louis, Missouri.

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Published on: May 12, 2017

Smartphones Behind the Wheel: Help or Hindrance?

By Moll Law Group

Advancements in technology have made vast improvements in travel and transportation. Some of the biggest technological changes to how we get around are smartphones and other digital computer platforms. Nowadays, it is not uncommon for vehicles to be equipped with their own computer systems in the dashboard, which offer motorists a variety of assistance and luxury features. Now, developers are finding ways to put these technological advancements to use for driver safety.

A recent study from the National Highway Traffic Safety Agency (NHTSA) has identified some important questions regarding how smartphones and vehicles could interface in the future. The report could spur some smartphone makers to include vehicle safety technologies in their infotainment system applications. This feature would then lock out or prevent the driver from accessing certain features while he or she is operating the vehicle.

The NHTSA released another study in 2016 that discussed a safety proposal for smartphone manufacturers. It suggests that the smartphone operating systems be equipped with a Driver Mode that will prevent the driver from accessing certain features on the phone while in transit. Some of the features that would be off-limits during travel would be social media, video, web surfing, and manual text entry. The proposal also considered taking Driver Mode one step further and having it automatically activate if the driver has not engaged it prior to operating the vehicle or if the driver has not paired it with his or her vehicle.

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Published on: May 10, 2017

FDA Issues New Announcement Regarding Potential Link Between Breast Implants and Cancer

By Moll Law Group

Breast implants are one of the most popular elective surgeries throughout the world. Although breast implants have been around for several decades, the U.S. Food and Drug Administration has recently identified a possible linkage between these medical devices and anaplastic large cell lymphoma (ALCL). This condition is categorized as an uncommon type of non-Hodgkin’s lymphoma. The FDA first identified the potential connection in 2011.

Now, in 2017, the FDA has indicated that it has collected additional evidence regarding this linkage. When it first started its investigation six years ago, the FDA was only able to identify a few cases involving the development of the disease in relationship to breast implants. This made it more difficult to identify the factors that would contribute to the disease’s onset. The agency prepared a report detailing its understanding of the potential linkage and calling for the assessment of additional information and identification of additional cases.

In partnership with the World Health Organization, the FDA has now obtained additional information and data regarding the potential link between ALCL and breast implants. The World Health Organization is an international agency dedicated to improving human health throughout the world, particularly when it comes to combating diseases. The FDA’s latest announcement describes ALCL as a rare T-cell lymphoma that may develop after an individual receives breast implants.

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