Advertising and Marketing of Dangerous Drugs and Defective Products
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. If a company knew its product could cause injury and failed to warn users of the product, they are 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.
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 product liability case.
Why Hire a Personal Injury Lawyer?
If you are seeking a personal injury lawyer you have come to the right place. We know that accidents and injuries are an inevitable part of life, but the fact that accidental mishaps are common does not resolve the pain and suffering accidents can cause. This is especially true if that injury could have been avoided. For example, some drugs are not completely tested for safety or removed from the market despite concerns about them. Some products are found to be dangerous.
If you or a loved one have suffered in an accident, from taking a dangerous drug, using a recalled product or from any other cause, you may be thinking about how to protect your legal rights by consulting with a personal injury attorney. Learning about personal injury litigation, and cases we are currently investigating, may help you determine whether you need the counsel of an experienced personal injury lawyer from a firm such as the Law Offices of James Scott Farrin.
Advertising and Marketing of Dangerous Drugs and Defective Products
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. If a company knew its product could cause injury and failed to warn users of the product, they are 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.
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 product liability case.
