Product Safety & Liability Reporter: Current Reports Index-Summary

BABIES

See generally CHILD SAFETY
– Infant car seats

BACKOVERS

– Cameron Gulbransen Kids and Cars Safety Act

– – NHTSA Outlook 2008, 74
– – Truck rearview rule, NHTSA withdraws to focus on more comprehensive effort, 723

BACTERIA

– Compound medications, new trial ordered on warranty claim against pharmacist (Fla. Ct. App.), 32
– Peanut butter salmonella contamination claims sufficiently stated (N.D. Ga.), 548; 2 classes denied due to individual issues and refund program, 732

BATH SEATS

– Nursery product related injuries and deaths, CPSC releases report, 213

BATTERIES

– Defibrillators

See DEFIBRILLATORS

– DVD/CD/MP3 players, Coby Elec. recalls, fire hazard, 992
– Radio-controlled helicopter kits

– – Fun2Fly, Soft Air USA recalls, fire hazard, 175
– – Hobbico recalls, fire hazard, 810
– – Protocol, Ashley Collection recalls, fire hazard, 882

– SoundStation2W wireless conference phone battery packs, Polycom recalls, fire or burn hazard, 555
– Spotlight with car charger, Intl. Merchandising Service recalls, burn hazard, 829
– Toy speed boat, Dollar General Merchandising recalls, overheating risk, 1064
– Wireless headsets, GN Netcom recalls, overheating risk, 1064

BEDS AND BEDDING

– Bunk beds

– – Injury report released, 605
– – Voluntary standards, 605

– Cribs

See CRIBS

– Nursing home bed as cause of death, statute of limitations starts with “inquiry notice” of potential claim (Iowa), 334

BENLATE

– Fraudulent inducement to settle case, recovery blocked (U.S., rev den), 415

BENZENE

– Discovery, over broad request prohibited in wrongful death suit (Tex. App. Ct.), 805
– Lymphoma, expert rejected while defense JNOV upheld (Miss.), 737
– Suppliers provided solvent, sufficient to survive summary judgment (W.D. Ark.), 824
– Warnings, exposure suit dismissed due to lack of evidence (Minn. Dist. Ct.), 112

BEVERAGES

– Alcoholic energy drinks

– – Attorneys general urge MillerCoors and Anheuser-Busch to discontinue drink lines, 895
– – MillerCoors sued over deceptive advertising directed at youth (D.C.), 894

– Bisphenol-A in containers

See BISPHENOL-A (BPA)

– Children's water bottles, Pottery Barn Kids recalls, choking hazard, 904
– Diet Coke, class decertified, claims led to believe fountain product same as bottled (Mo.), 420
– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Tainted dairy products

– – Child's death, Chinese parents sue dairy, 1024
– – FDA looking into whether melamine could be in imported dairy, 933
– – Infant formula, scandal reignites debate on China product safety, 903
– – Sanlu Group scandal expands, 934
– – Starbuck's pulls suspect milk, 934
– – WHO and UNICEF call for swift action, countries pull products off the shelves, 932

BEXTRA

– MDL, request for peer-review journal article documents denied (N.D. Ill.), 313; another court denies request for documents (D. Mass.), 369; settlement announced (N.D. Cal.), 1053

BICYCLES

– Amsterdam bikes, Electra Bicycle recalls, injury risk, 721
– Child injuries and deaths, CPSC links, encourages use of safety equipment, 427
– Keo Pedals, Look Cycle USA recalls, fall hazard, 761
– Trailer bikes, Pacific Cycle recalls, safety hazard, 39

BIOLOGICS

– Labeling, FDA proposal reaffirms position on “changes being effected” supplements, 66; Democrats question proposal, 92; Democrats send second letter urging rule withdrawal, 241; trial lawyer group critical, says contradicts congressional intent, 289; Democrats grill FDA official at hearing on preemption, 497; House Oversight Comm. seeks FDA documents showing stance on preemption, 667; FDA finalizes rule, 827

BIRTH CONTROL PRODUCTS

See CONTRACEPTIVES

BISPHENOL-A (BPA)

– Canada

– – Actions should encourage U.S. state legislators, 425
– – Baby bottle ban proposed, 1062
– – Ban, Health Minister proposes, 423
– – Retailers take BPA products off shelves, 402

– Children's products ban

– – Cal. bill, hearing held, 373; bill rejected, 809
– – CPSC concerned ban might hurt children, 504
– – Federal bill

See LEGISLATION, FEDERAL, S 2928

– – Minn. bill, 425

– Class actions, Analysis and Perspective, 1006
– Conn. bill to list as hazardous substance, 425
– CRS report says concern will continue to affect regulatory policy, 473
– EU Steering Group study finds no reproduction or development harm in lab mice, 503
– FDA advisory Science Board panel meeting considers a range of studies, 904; JAMA study links to diabetes and other problems, caution urged, 905
– Food and beverage containers

– – Baby bottles and formula containers, AGs urge companies to stop using, 1031
– – Ban

See LEGISLATION, FEDERAL, HR 6228

– – Canada proposes baby bottle ban, 1062
– – FDA reviewing use, 504; 583; FDA draft risk assessment says no harm to babies, 810
– – Hard-plastic sports bottles, Cal. woman files class action (E.D. Cal.), 443
– – Infant formula makers asked to stop using in packaging by Congressmen, 474
– – MDL, oral arguments set on centralization (J.P.M.L.), 623

– Low-dose oral exposure, industry-funded study finds no effects, 741
– Natl. Toxicology Program draft report issued, 402; expert panel finds some concerns overstated, 583; Am. Chem. Council sponsoring neurotoxicity test, 966
– Norway, ban on use in consumer goods proposed, 720

BOATS AND BOATING EQUIPMENT

– Asbestos insulation, ship engine maker may be liable for failing to warn worker (Wash. Ct. App.), 845
– Fishing boat, limitations period triggered when defect manifest (Alaska), 820
– Steering cable broken, no dismissal despite some prejudice from spoliation (D. Colo.), 11

BONDS

– Child safety, foreign maker accountability, Analysis and Perspective, 219
– Importers, Food and Product Responsibility Act

See LEGISLATION, FEDERAL, HR 5069, S 2081

BONE PLATES

– Ligament damage alleged, class certification sought (D.N.J.), 143

BOTOX

– Allergan off-label promotion

– – DOJ subpoena for documents, 292
– – Risks not fully disclosed (Cal. Super. Ct.), 688

BPA

See BISPHENOL-A (BPA)

BRAKES

– Air brake compressor warning system, NHTSA denies petition, 274
– Anti-lock braking system, Cal. private enforcement fee provision not applicable in N.J. (3d Cir.), 806
– Car rolled backward down driveway, plaintiff's expert lacked support from factual record (N.J. Super. Ct.), 1055
– Crash avoidance technology study, IIHS reviewed potential of five systems, 428
– Defect investigations, NHTSA, 72; 152; 274; 477; 938
– GM multistate class action, deferral of state law analysis approved (Ark.), 620
– Kia Sephia

– – Fla., class action not suitable to address problems (Fla. Dist. Ct. App.), 595
– – N.J. owners awarded $6M (N.J. Super. Ct.), 595

– Lights, defect investigations, NHTSA, 248; 938
– Manifold hoses, Ford recalls Lincoln Mark and F-150 pickups, 509
– Motorcycles, proposed tests will upgrade old standard, 936
– Robert Bosch master cylinders, Nissan N. Am. recalls Sentra vehicles, 725
– Tube contact, Chrysler recalls Jeep Wrangler, 510
– U-Haul truck ran over man after brake failed, damages awarded (Tex. Cnty. Ct. at Law), 442

BRAZIL

– Airliner crash, families file wrongful death complaints (S.D. Fla.), 398

BREAST IMPLANTS

– French defendant ordered to pay interest from date of breach of settlement (Cal. Ct. App.), 627

BUILDING MATERIALS

See CONSTRUCTION EQUIPMENT AND MATERIALS

BUSES

– Angel Tours N. Tex. crash

– – Imminent hazard operations out-of-service order issued, 812
– – Unreasonably dangerous, plaintiffs sue maker and driver (Tex. Dist. Ct.), 807

– N.Y. transit workers sue bus and engine makers for diesel emission exposure (N.Y. Sup. Ct.), 826
– Platform lifts, lighting and threshold warning signs, requirements proposed, 15
– Roof rivets, Blue Bird recalls buses, 560
– Safety enhancements

See LEGISLATION, FEDERAL, HR 4690, S 2326

– School buses

See SCHOOL BUSES

– Seat belts, verdict thrown out, jury must decide settling parties fault (Tex. App. Ct.), 922
– Victoria, Tex. rollover crash, NTSB hearing on safety of foreign-made motorcoaches, 995