Is a double cheeseburger a defective product? A number of tort lawyers and their clients believe so. In July 2002, a class action suit was brought on behalf of patrons of McDonald's, Wendy's Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56 year old, 270 pound man, but the class was vaguely defined as those who have consumed products manufactured and sold by the defendants who have become obese, overweight, developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food.
What is a drug products liability case?
Foodborne illness is fairly common in the United States. The main cause of foodborne illness is the improper handling of food, which allows it to become contaminated by bacteria, parasites, fungi, or viruses. This can happen when the food is being manufactured or packaged. It can also occur at a restaurant where the food is being prepared and served. Under products liability law, a consumer who is injured as a result of eating contaminated food can take legal action to recover money damages for any injuries.
In 1999, the Food and Drug Administration (FDA) approved Vioxx(r), an anti-inflammatory drug used to treat osteoarthritis symptoms, pain in adults, and menstrual symptoms. The FDA subsequently approved Vioxx(r) for rheumatoid arthritis in adults and children. The drug was widely prescribed for pain relief, accounting for $2.5 billion in yearly sales for Merck & Co., the manufacturer of the drug. It is estimated that more than 20 million U.S. patients had taken Vioxx(r) since it was approved.
Cigarettes, cigars, and chewing tobacco are all tobacco products. Smoking has been linked to lung cancer, emphysema, heart disease, and other serious illnesses. Cigarette smoking by pregnant women increases the risk of birth defects, and exposure to second-hand smoke can lead to serious diseases. Chewing tobacco has been linked to oral cancer.
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