In more than a dozen countries worldwide, this isn't the case. International standards are in place that limit the amount of formaldehyde in children's products to under 20 ppm. This is considered by some scientists to be the safest amount that should be allowed before they become dangerous children's products. But this does not appear to be the case for products made in the U.S.
]]> A news station in Minnesota recently wanted to see just how much of this dangerous chemical was found in children's clothing. Of the 18 articles of clothing that were tested, two pairs of Old Navy leggings showed high levels of formaldehyde that exceeded the limits, while trace amounts turned up in four other clothing items. Although the results were reported in Minnesota, the clothing tested came from national brands like Old Navy, Oshkosh and Jumping Bean that are sold all over the U.S.Most toddlers' reactions to the formaldehyde have been cases of contact dermatitis, which is quite treatable. But the concern among many parents stems from the fact that there is no current regulations or standards for the use of this chemical in children's products. And despite the fact that the government knows about these dangers, they have yet to come up with any recommendations as to how to prevent serious injuries from occurring in the future. As many California parents will agree, the government's refusal to regulate the use of this chemical could be a serious health risk to thousands of children nationwide.
Source: KARE 11 News, "Investigation uncovers formaldehyde in baby clothing," Lindsey Seavert, May 15, 2013
]]>This is definitely a concern this month after the Wm. Wrigely Jr. Company announced the release of Alert, a new caffienated gum. Concerns from consumers and even the Food and Drug Administration have been hard to ignore, and recently Wrigley announced that it would be temporarily pulling the product off the market until the FDA can determine whether the product is unsafe for children and teens.
]]> It's been highly debated among health experts what affect caffeine has on children and adolescents. This comes as no surprise to readers of our blog who know about the numerous deaths that have occurred as a result teens consuming too many caffeinated beverages.While the company stresses that it's product only contains half of the caffeine found in a cup of coffee, it recognizes the concern the FDA has for consumers and respects the agency's decision to do further research before truly giving its stamp of approval on the product. Many parents across the nation are happy for the move because the marketing for certain caffeinated products is geared towards younger and younger generations.
Promotions through social media campaigns coupled with colorful packaging aren't helping the situation either. Some doctors are finding early development of neurological and cardiovascular problems in young adults and teens. And with caffeine being added to items such as candy, which is attractive to children, some worry that more harmful health effects in younger generations down the road.
Source: Idaho State Journal, "Wrigley takes new caffeinated gum off market," The Associated Press, May 9, 2013
]]>The defective products from the California Pizza Kitchen brand are the Crispy Thin Crust White, and the Limited Edition Grilled Chicken with Cabernet Sauce. From the DiGiorno brand, the recall includes the Crispy Flatbread Pizza Tuscan Style Chicken and the Pizzeria Bianca/White Pizza.
]]> According to a statement released by Nestle, the plastic contaminants were traced back to a batch of spinach received from one of its suppliers. The company believes that the recall covers all of the products that would have contained the plastic but is urging all consumers to be leery of frozen pizzas containing spinach at this time.All of the pizza are said to have been produced between February and March of 2013. Consumers are encouraged to check production dates and are urged to return any of the recalled products.
Recalls such as this are particularly frightening because brands such as this are distributed to consumers nationally, leading to a larger population of people who could be at risk of injury. While no one is reported to have been injured in this case, it’s important to remember that consuming a product that is considered to be dangerous could result in serious health problems. It’s for people who find themselves in a situation like this that legal representation is highly suggested.
Source: CBS News, “Frozen pizza recall: DiGiorno, California Pizza Kitchen products affected,” Ryan Jaslow, May 3, 2013
]]>According to the original lawsuit, a female customer was holding Wal-Mart responsible for a 2010 injury she says she received while shopping at the store. In her negligence complaint, she explained that she received the injury from a piece of wire or metal that had become dislodged from a shopping cart. Feeling that the cart's manufacturer, Unarco, was partially responsible for her injury, the store soon filed a third-party complaint claiming that the cart was a defective product.
]]> A federal judge is upholding Wal-Mart's right to sue Unarco on the grounds that the dislodge piece of metal may have occurred from a manufacturer's defect instead of improper maintainance on Wal-Mart's part.The judge did point out in his summary, however, that the detached piece of metal would not necessarily absolve Wal-Mart of any liability. If Unarco's negligence was found to have led to the woman's injury, any damages resulting from the suit would fall within the indemnity clause signed between Wal-Mart and Unarco, allowing Mal-Mart to pay the woman for her injuries in the end.
Source: Courthouse News Service, "Wal-Mart Can Sue Major Shopping Cart Maker," Rose Bouboushian, April 25, 2013
]]>Although no injuries or wrongful deaths have been reported at this time, Classic Characters is not taking any chances and has decided to issue the recall. The socks, which were sold at Cracker Barrel stores nationwide, did not appear to pose any risk to children until the product defect was discovered. It's estimated that approximately 5,000 units of the socks were sold to Cracker Barrel stores across the country.
]]> The socks were sold between January 2013 and March 2013 and Classic Characters is urging consumers who have purchased the product to return the socks immediately. Any socks returned to any Cracker Barrel Old Country Store will receive a full refund. Socks sent directly back to Classic Characters will also receive a refund plus shipping charges.Although California residents generally expect recalls to occur on occasion, they usually don't expect them to include clothing items such as the one mentioned above. While we don't usually think of socks as a choking hazard, the fact that there is a piece attached to the sock that can easily detach and present a choking hazard is enough for us to second guess what we generally think of as safe. The hope now is that no one is injured before all of the products are returned by consumers and retailers.
Source: The Consumer Product Safety Commission, "Classic Characters Recalls Infant Socks Due to Choking Hazard; Sold Exclusively at Cracker Barrel Old Country Store," April 18, 2013
]]>Such was the case for one Pennsylvania woman who sued the Toyota dealership responsible for maintaining a minivan she rented from them. While driving along with five other passengers, the car flipped, sending the vehicle careening down a ravine, severely injuring all the occupants inside. It was later determined that one of the ball joints on the vehicle had failed. According to her original 2010 complaint, the woman says that the dealership failed to maintain a safe vehicle and concealed the auto defect from her when she rented the car, directly resulting in her and her passengers' injuries.
]]> Reminiscent of so many similar cases here in California, the Toyota dealership denied that they were responsible for the car accident, even going so far as to deflect blame back on to the victims. They argued that the woman had been driving at a high rate of speed at the time of the accident; and combined with the wet conditions, the dealership argued that the woman was responsible for causing the serious crash.In the end, the jurors ended up agreeing with the plaintiff's, agreeing that the crash had been caused by automotive failure. The jury awarded the woman $11.4 million for her injuries, medical expenses and lost wages. Another $4.3 million was also awarded to the other passengers of the vehicle.
It's important to point out that while the details of this case may not happen in every situation, guilty parties have been known to try to deflect blame back onto accident accidents. This is especially true in product liability cases like this one where millions of dollars are at stake. But standing your ground with solid evidence can make situations such as this end positively for the involved victims.
Source: Pennsylvania Record, "Philly jury awards $15 million to plaintiff in products liability case against Toyota," Jon Campisi, Apr. 5, 2013
]]>It appears that during manufacturing of the Eat High Chair, model number BH2104, an important leg separator strap was not attached to the chair's frame, making it easier for a young child to slide forward in the seat when not secured by the chest harness. Once the child has slipped forward, their head could become entrapped between the feeding tray and the seat which poses a risk of strangulation, the company says.
]]> While it may look like the product is safe, BabyHome strongly urges customers to stop using the highchairs and immediately request a repair kit that is supposed to eliminate a child's chance of sliding forward in the chair. Although the recall at this time is voluntary, all customers who purchased the product are encouraged to participate so as to ensure the safety of their child.At present time, the company says that it will not be offering any refunds for the defective product. It's not clear if this stance will change in the event of an injury report or if the recall becomes mandatory.
Although no children are reported to have been injured or killed after using this product, there is still the concern that a children could be in the future. As readers of our blog already know, recalls of children's toys and products are a common occurrence. And while most recalls do not end in tragedy, there are always those that do, reminding us of the importance of product safety.
Source: The Legal Examiner, "More Dangerous Baby High-Chairs Recalled," Greg Webb, April 9, 2013
]]>Situations such as this have been reported all over the United States, including many times here in California. Cases of drivers experiencing "unintended acceleration" date back to the late 1980s, but many people remember the more recent cases such as the "sticky" accelerator problems associated with the Prius models.
]]> In a majority of these cases, drivers encountered problems when the accelerator would become stuck or loose floor mats would get jammed under the brake pedal, preventing the driver from stopping. Design defects such as these have largely been addressed by automakers in the past; but with recent studies conducted by the National Highway Traffic Safety Administration suggesting that driver error may also be to blame, a debate has begun between automakers and their customers.Automotive manufacturers such as the Ford Motor Company have long argued that drivers need to take responsibility for their driving habits, pointing out that numerous studies conducted by the NHTSA have concluded that driver error has been a factor in many of the accidents that resulted from unintentional acceleration. Attorneys say that these are events that would not have happened had companies like Ford taken the necessary precautions when designing these vehicles.
The debate surrounding whether unintended acceleration is the manufacturer or the driver's responsibility has now spilled over into a class action that pits Ford against its customers. Customers claim that when it comes to vehicles made by Ford, the company should have and could have made modifications to the braking system to address the problems drivers were experiencing.
While it's import for drivers to make sure that their vehicles are in working order, it's always incredibly important for manufacturers to own up to any mistakes they have made in a vehicle's design as well. These defects have shown to cause dangerous situations and a refusal to acknowledge this only leads to more unnecessary injury and wrongful death.
Source: NBC News, "Lawsuit claims Ford 'design defect' can cause sudden acceleration," Paul A. Eisenstein, March 29, 2013
]]>One way the industry has tried to calm parental fears is to offer temporary tattoos; though if you're dealing with a teen nearing the age of 18, we're not talking about the press-on sticker-like ones you find in your morning cereal. We're talking about the temporary tattoos that you more than likely have seen while walking up and down the many beaches of California. But according to the FDA, these tattoos may be just as dangerous as the real life ones they're trying to imitate.
]]> According to the FDA many of these temporary tattoos are made with "black henna" ink that uses a coal-tar product that dyes the skin a blackish color. Although approved for use in hair dye, the FDA points out that this dangerous product has been known to cause serious skin irritation which is causing considerable concern as the number of injury reports continue to rise.In a majority of the cases, the ink causes horrible side effects such as redness and blistering of the skin. One mother, after seeing how her teenage daughter's skin reacted to a black henna tattoo, compared the look of her skin to that of a burn victim.
Despite the numerous injuries, some even having resulted in permanent damage, the FDA at this time is only issuing a warning for the product. According to the agency, some states have laws and regulations about temporary tattoos while others do not. It's because of these differences in laws and lack of proper warnings from the FDA that people are continuing to get injured from this product-a fact no parent is happy to hear.
Source: Shine from Yahoo!, "Caution: Black Henna Temporary Tattoos Could Leave Permanent Scars," Lylah M. Alphonse, March 26, 2013
]]>But while legislators in Congress argue over a person's Second Amendment rights, parents across the nation can't help but notice that in some cases, where children have been accidentally injured or killed after gaining possession of an unsecured firearm, the guns have looked like toys. Truth is many firearm manufacturers offer guns in different colors such as pink to encourage more people to buy them. But as some experts have pointed out, many times these color choices can make a product even more dangerous than it already is.
]]> If you type 'pink toy gun' into Google, you get over three million hits. And after checking out the image section, one can see that there is a mixture of real guns and toy guns that come up for this search; many of which are indistinguishable in nature. By designing guns to look so much like their real-life counterparts, manufacturers could be putting children at risk of serious injury, or worse death.Although for the most part people in California know that guns are incredibly dangerous-especially if handled improperly-recent discussions surrounding gun accidents have not touched base on this issue of mistaken identity. In some of the cases across the nation, real guns have been mistaken for toys leading to serious accidents, leaving some people to wonder if legislators need to add this to the gun debate in this year's session of Congress.
Source: The Business Insider, "This Is What Happens When You Sell Pink Guns That Look Like Toys," Robert Johnson, Feb. 6, 2013
For more information on product liability, please check out our firm site from the provided link.
]]>The recent product recall was issued for the Formaggio-brand Artisan Wraps. The product, a wedge of fresh mozzarella wrapped in a slice of Italian meat, was recalled after certain batches of the product tested positive for Listeria. Although the recall at present time only affects Canadian warehouses, there is a strong possibility that American locations, including those here in California, may decide to pull the product as a precaution.
]]> Food safety is always a concern for Costco but is often times difficult to control when it comes to vendor products such as the one currently being recalled. It's often times hard to detect contamination until it's too late; and especially in the case of Listeria, it may not be detected until someone falls ill after consuming the contamination.According to several medical sources, Listeria is difficult for consumers to detect because a food may not even look or smell spoiled in anyway. It's only until after eating the product that people experience a severe headache, a high fever, nausea, and neck stiffness. Pregnant women and people with weak immune systems are most vulnerable and can have serious, and sometimes fatal, reactions to the food-borne illness.
Although no one is reported to have become seriously sick as a result of eating the recalled item, to avoid any risk, consumers are asked to throw the item away or return it to Costco. For Costco members here in California, whether this could become a concern here will continue to be a dangerous waiting game.
Source: CBC News, "Costco recalls deli meat product over Listeria concerns," The Canadian Press, Mar. 13, 2013
]]>The recall may not have been that much of a surprise to some who were already aware of another recall that had occurred in October after Chrysler had received multiple complaints surrounding the rear axle locking up on certain models of pickup trucks. This initial automotive recall only consisted of two models of vehicles: the Ram 1500 with model years between 2009 and 2012, and Dodge Dakota pickup trucks from 2009 through 2011.
]]> But after a number of customer complaints and field reports came pouring in showing that the same problem existed in other vehicles not covered by the first recall, Chrysler realized that they had a bigger problem on their hands than previously thought.Now, the recall is including the 2009-model Chrysler Aspen and Dodge Durango full-size SUVs. According to Chrysler, these models along with the two from the previous recall, have a fastener on the rear axle that can loosen which can cause the axle to lock up and make the driver lose control of the vehicle.
Although the automotive defect has not been associated with any injuries as of yet, it has been attributed to at least 15 accidents. Though it's a miracle that no one has been seriously injured as a result of this defect, some experts aren't ruling out the fact that something tragic could happen if the word doesn't get out to the mass population.
Readers of our blog are no strangers to product recalls, but for those that don't follow our constant updates, who knows if they are getting the information they need to make sure that their vehicle is as safe as possible.
Source: Reuters, "Chrysler recalls 370,297 trucks for possible loose fastener," Feb. 14, 2013
]]>At this time, it appears as if only European agencies have gotten involved in the scandal investigation though some here in the states feel that it's only a matter of time before IKEA decides to issue a full-scale product recall. Right now, the company has only withdrawn the meatballs from 14 European countries after DNA testing suggested that horse meat was present in the product.
]]> Although no one has been injured or become ill from eating the product, it does raise concerns about food safety. Like the mad-cow disease scare during the 1990s, manufacturers now have a responsibility to provide a safe product free of harmful contaminants. And although there are strict testing regulations for cuts of meat, the same regulations are not in place for processed meats. This lack of testing could mean that diseases or food-borne illnesses could be getting into processed meats, like the IKEA meatballs that are shipped worldwide.Even though this incident is occurring in Europe, the concern among many Californians is that a situation like this could happen here as well. We'd hope, however, that the FDA would make conscious efforts to fix any loopholes in the system that could be causing these situations to occur and hopefully put a stop to actions that could put consumers at risk of serious illness.
Source: The New York Times, "IKEA Withdraws Meatballs After Horse Meat Is Found," Stephen Castle, Feb. 25, 2013
]]>But despite the laughter, there is a glimmer of truth and we can't help but make the correlation between this quip and PepsiCo's most recent announcement of a new product line.
]]> After being asked by customers for an alternative to traditional morning beverages, PepsiCo announced the upcoming release of its newest product Kickstart. Branded as an energizing breakfast beverage and expected to hit store shelves Feb. 25, this new product could dredge up old concerns about energy drinks and their impact on a person's health.PepsiCo points out that its 16 oz. cans only contain 92 milligrams of caffeine versus the 276 milligrams of caffeine found in 24-ounce cans of other energy drinks. Although this seems like a huge difference, if a person were to consume 24 ounces of Kickstart, the person would be ingesting 138 milligrams of caffeine, only 46 milligrams less than its competitors. Some people may see this lower number and think that it's okay to ingest more than the recommended amount; this could lead to serious health risks, especially in children who not only metabolize things quicker but are more likely to find products such as this appealing.
In an early November post on this blog, we brought to your attention the story of the teenage girl who died after consuming two Monster energy drinks. Some California residents fear that with the upcoming release of PepsiCo's newest product, this story is doomed to repeat itself. And because it's being marketed as moderately healthy, it could put significantly more people at risk of wrongful death than the company probably realizes.
Source: TIME Magazine, "How about Some Soda with Your Cereal? Mountain Dew Rolls out Juice-Like Breakfast Drink," Rebecca Nelson, Feb. 12, 2013
For more information of dangerous or defective products such as the one mentioned above, please check out our firm site where we handle personal injury cases just like this.
]]>It's not clear at this time how the glass shards made their way into the product, though Nestle is fairly certain that the affected packages were manufactured during early November 2012 which limits the number of defective products. As far as the company knows, only one of the packaged meals, Mushroom Mezzaluna Ravioli, is considered to be dangerous and has posted the production codes online so consumers can know which meals to avoid.
]]> Although no injuries have been reported many medical experts would agree that this most recent recall has the most potential for causing serious bodily harm. When consumed, the glass can not only cut the inside of consumer's mouths but if swallowed, can cause serious damage to the esophagus and digestive track.This most recent defective product recall is by far the most alarming but is by no means the first the company has had to make. In fact, according to CBS News, in March 2011 Nestle was forced to issue a similar recall of its Lean Cuisine Spaghetti with Meatballs from their Simple Favorites after customers discovered plastic in the meatballs.
Although man customers are happy that the company caught the mistake before anyone received serious injury, there are still some who would argue that this mistake shouldn't have happened in the first place. We hold food manufacturers in some of the highest regards because we expect that they are taking every necessary precaution to keep our food safe for consumption. When this ends up not being the fact, we start to wonder whether manufacturers are really following safety regulations as closely as they should.
Source: patch.com, "Lean Cuisine Recalls Ravioli After Glass Found in Product," Feb. 14, 2013
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