Misrepresentation of Dangerous Drugs
A manufacturer who misrepresents a material fact to the consuming public can be liable for injuries caused by that misrepresentation. Most states have enacted strict laws to protect consumers by prohibiting a manufacturer from misrepresenting a product for the purpose of sale.
Misrepresentation of a product can occur in product marketing and advertising, labels, product instructions, product user manuals, or in the selling method employed by the product sales force. The Law Offices of James Scott Farrin has assisted thousands of injured people and has experience helping people injured by unsafe products. If you feel you've been injured by a defective or dangerous drug or product, contact us today.
Misrepresentation in the Advertising and Marketing of Drugs
A drug recall lawyer understands that industry regulation requires that drug and product advertising not be false, misleading, or lacking in fair balance. These regulations are the reason for the "fine print" in product and drug advertising. Manufacturers are understood to have a duty to promote correct use of their product to prevent harm to consumers, and they have a duty to warn consumers of any risk or potential harm that could be caused by their product. A personal injury attorney understands that if a company knew its product could cause injury and failed to warn users of the product, the company is considered to have failed in their duty as a reasonable manufacturer, because a reasonable manufacturer would have heeded industry regulations. A company's concealment of their knowledge of a product's danger or defect also may create product liability that could result in litigation.
Companies may engage in deceptive advertising or marketing practices by promoting a disease or condition in order to sell its product as the remedy to that disease or condition. In addition, they can engage in "off-label" advertising if they promote a product for a use other than for what it was originally designed. An example of "off-label" advertising would be statements by a pharmaceutical manufacturer suggesting that a drug is suitable for a broader population than indicated or in a different dosage than indicated. Any use of a drug or product that is not identified in labeling approved by the U.S. Food and Drug Administration is considered "off-label." If you have been injured using an over-promoted product or a drug that was advertised for off-label use, an experienced personal injury law firm such as the Law Offices of James Scott Farrin may help in recovering damages. Contact us now to determine if we can help with a personal injury claim in a drug recall case.
Unavoidably Unsafe Products
Some products cannot be made safer and still maintain their usefulness to consumers, such as products requiring electricity, knives that must be sharp to be used effectively, guns, or gas grills. While consumers may be able to minimize the risks of these types of products, manufacturers of unavoidably unsafe products should give proper warnings of the dangers and risks of their products. If consumers are not warned of the potential risks of using a product, they cannot make informed decisions about using them. Some examples of reasonable warnings are a warning inside a car that children may be damaged by airbags if they are placed in the front seat of cars, or a warning to dispose of the plastic bag encasing a toy immediately due to the risk of suffocation from plastic bags.
