Product Safety & Liability Reporter: Current Reports Index-Summary

LABELING

See also ADVERTISING; WARNINGS
– Antiepileptic drugs, FDA approves new warnings on suicide risk, 539
– Blasting cap, term detonator can be used interchangeably, CPSC issues final rule, 671
– Children's products and packaging

– – CPSCIA requirement

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– – Durable infant products, registration and marking requirements, CPSC vote expected, 607; proposed rule approved, 699

– Drugs

See also PHARMACEUTICALS; specific names of drugs; specific type of drugs
– – Antidepressants, heartburn drug, review of preemption rulings sought (U.S., rev sought), 277
– – Bush administration rules, pending labeling requirement could be blocked by Obama, 113
– – Federal regulatory approval does not preempt Pa. law failure to warn claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; briefs on effect of Levine filed (3d Cir.), 473; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094
– – Heartburn drug, metoclopramide

– – – Federal labeling law preempts failure-to-warn claims against maker (W.D. Ky.), 251
– – – Generics, failure-to-warn claims against maker not preempted (W.D. Okla.), 335
– – – Long-term use or high-dose use, label warning about risks must be added, FDA says, 253

– – Hormone therapy

See HORMONE REPLACEMENT THERAPY

– – Medical device off-label promotion, FDA issues guidance easing restrictions, 69
– – Paxil, FDA direction on labeling for suicide risk does not bar claim for failure to warn (E.D. Wis.), 856
– – Preemption, Wyeth v. Levine

– – – Implications of Supreme Court decision, Analysis & Perspective, 321; 550; 648
– – – Litigation considerations, Analysis & Perspective, 203

– FDA requirements, preemption of

See PREEMPTION

– Lead content, compliance

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Metoclopramide

See METOCLOPRAMIDE

– Nat'l Labeling and Education Act, class may challenge all natural label claim where corn syrup used, FDA does not intend to preempt food and beverage labeling claims (3d Cir.), 902
– Pet food, false Made in USA label, class certification denied (D. Nev.), 341

LADDERS

– Bankruptcy, retailer exception against nonmanufacturer may apply (N.D. Ill.), 478
– Expert testimony, description of expert as not unqualified contributed to disqualification of engineer (E.D.N.Y.), 1069
– Expert witnesses, plaintiff's objection to expert's failure to conduct causation test unfounded (7th Cir.), 249
– Test that failed to meet Daubert standard properly excluded (E.D. Tenn.), 185

LAWN MOWERS

– Brush mower, evidence that safety lever intentionally removed after sale enough to relieve maker of liability for amputation (D. Mont.), 878
– Bystander may pursue product liability (3d Cir.), 496
– Craftsman, parking brake failure, loss of control, 892
– Design defect, expectations of consumer or user and not of bystander determine whether product is unreasonably dangerous, no liability for injury to child (Wis.), 782
– Expert witnesses, subpoena of tax returns and financial records to show bias barred (M.D. Tenn.), 444

LEAD

– ATVs

See ALL-TERRAIN VEHICLES (ATVs)

– Children's products

– – Books

See BOOKS

– – CPSC 2009 Outlook, 78
– – Flip flops, excessive lead prompts CPSC recall, 291

– CPSC announces plans for modern test facilities, 581; accreditation mandate for labs testing for lead in child products approved, 1115
– CPSIA ban and testing

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Drinking water, parent charges D.C. utility with cover-up of dangerous levels (D.C. Super. Ct.), 223
– Keychains, manicure kits with high level of lead, CPSC announces recall, 141
– Paint

See LEAD PAINT

– Pens, CPSC staff urge rejecting exemption request from Writing Instrument Mfrs. Ass'n, 640; CPSC deadlocked on exclusion request, no action at this time, 670
– Pigments, AstroTurf to eliminate in synthetic grass products, 918
– Small business relief

See LEGISLATION, FEDERAL, HR 1815

– X-rays, CPS could approve testing method to use technology to determine exposure, report, 917

LEAD PAINT

– Abatement costs, state liable for costs of court-appointed examiners (R.I. Super. Ct.), 133
– CPSIA prohibitions

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Importing and selling items with paints containing lead in excess of legal limits, CPSC provisionally accepts civil penalty, 745
– Ohio, public nuisance suit against manufacturers withdrawn (Ohio Ct. C.P.), 189
– Poisoning, jury awards damages to teenager who ate paint chips and was exposed to lead (Miss. Cir. Ct.), 737; paint maker urges new trial or damages set aside claims no evidence their product was used, that it was not substantially changed, design defect, or that paint caused cognitive deficits, 805; paint maker plans challenge, 1110
– Testing method announced, 369; criteria posted on web, 504
– Toys and games

– – Mattel and Fisher-Price to pay record civil penalty for CPS-regulated product, 639; Mattel to provide monetary relief in accord for toys recalled for excessive lead, lead paint, or hazardous magnets (C.D. Cal.), 1090
– – Target to pay civil penalties for knowingly importing and selling toys with coatings above legal limits, 1057

– White carbonate lead pigment, inherent characteristic of product cannot be design defect, boy who ingested has no claim for lead poisoning (Wis.), 780

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR Hill Watch, 457; 965
– – HR 759, Food and Drug Globalization Act, to improve safety of imported drugs, devices, food, and cosmetics, Dingell (D-Mich.), Pallone (D-N.J.), and Stupak (D-Mich.) introduce, 139
– – HR 1027, CPSIA exemption from lead standards for secondhand sellers, Posey (R-Fla.) introduces, 366
– – HR 1046, CPSIA exemption from lead standards for fabric, Putnam (R-Fla) introduces, 366
– – HR 1346, Medical Device Safety Act, reversal of Supreme Court ruling of federal preemption of state law tort claims against defective product makers, Pallone (D-NJ) and Waxman (D-Cal) introduce, 286; industry warns of chilling effect, 482; negative impact cited in white paper, 538; House debates, 573
– – HR 1510, CPSIA exemption from lead standards for ATVs, Rehberg (R-Mont) introduces, 366
– – HR 1587, CPSIA exemption from lead standards for any motorized vehicle with handlebar steering, Rehberg (R-Mont.) introduces, 366
– – HR 1618, Safe Highways and Infrastructure Protection Act, consumer group says bill does not include important safety protections, car makers applaud measure, 722
– – HR 1692, CPSIA exemption from lead standards for children's books, Fortenberry (R-Neb.) introduces, 366
– – HR 1815, Consumer Product Safety Solutions Act, small business lead standards relief, Barton (R-Tex) introduces, 392
– – HR 3246, Advanced Technology Vehicle Act, bill authorizing expanded funding for research passed, 1014

– Senate

– – S Hill Watch, 965
– – S Hill watch, 457
– – S 389, CPSIA lead ban in children's products, to delay effective date, Bennett (R-Utah) introduces, 196
– – S 540, Medical Device Safety act, supporters say Sup. Ct. misread congressional intent in finding medical device law preempts state tort claims, 866
– – S 554, Bus safety standards upgrade, Brown (D-Ohio) and Hutchinson (R-Tex) introduce, 318; tire standards provision aligns standards with those of cars, 319; summary of status, 457; GAO considers use of retreaded tires and reincarnated motorcoach carriers as public safety threats, 870
– – S 739, Drywall Safety Act, mandate CPSC investigation of Chinese-made drywall, Wexler (D-Fla), 451
– – S 779, Safe Highways and Infrastructure Protection Act, consumer group says bill does not include important safety protections, car makers applaud measure, 722
– – S 882, Drug and Device Accountability Act, increase of FDA oversight of drugs and devices, Kennedy (D-Mass) introduces, 482
– – S 1504, Notice Pleading Restoration Act, Specter (D-Pa) bill would restore pleading standards, rejects factual specificity and plausible allegation standards of recent Sup. Ct. decisions, 859
– – S 1606, Foreign Manufacturers Legal Accountability Act, Whitehouse (D-RI) bill gives U.S. consumers recourse for products made outside U.S., 885

LEMON LAWS

– Chrysler

See MOTOR VEHICLES

LIGHT POLES

– Stadium, CPSC investigating complaints of cracks posing serious risks of injury and death, advisory issued, 942

LIMITATION PERIODS

See STATUTES OF LIMITATIONS

LOUISIANA

– Asbestos, woman who got mesothelioma after washing work clothing of family who were exposed to weatherpoofing products may pursue claim (M.D. La.), 1030
– Dental implants, surgeon who served as adviser and designer not liable as maker or professional vendor for injuries from fragmentation (La. Ct. App.), 692
– Endovascular coil, spoliation claim may proceed as questions of fact remain, surgeon prevails on malpractice claim (La. Ct. App.), 130
– Preemption, hurricane victims' state law claims for formaldehyde in FEMA trailers barred by MHA and HUD rules (E.D. La.), 623; reports and statements related to congressional inquiries excluded from evidence, 985; trailers not unreasonably dangerous, no duty to warn of formaldehyde risks (dec), 1047
– Workers' compensation, mesothelioma victims exposed to asbestos before 1975 may pursue benefits from employers (La.), 629