Product Safety & Liability Reporter: Current Reports Index-Summary

LABELING

See also WARNINGS
– Anthrax Vaccine Adsorbed, FDA made no clear error of judgment in approving (D.D.C.), 287
– Antiepileptic drugs, FDA warns of increased suicide risk, 172
– Chemicals

– – CPSC to compare FHSA and GHS, 881
– – European Parliament clears legislation to adopt U.N. standards, 881

– China food safety law, draft published, 426; national congress reviews latest draft, 1064
– Cough and cold drugs, industry updating labels to ensure child safety, 991
– Drugs

– – Adverse side effects, FDA advisory panel says to include hotline on pill bottles, 526
– – Country of origin labeling

See LEGISLATION, FEDERAL, S 3633

– – Safety information, FDA launches new Web page, 1031

– Drugs, devices, and biologics, “changes being effected” supplements, FDA proposed rule reaffirms position, 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
– FDA Globalization Act, House Democrats release draft bill to improve drug and device import safety, 420; FDA says risk assessment should determine inspection priorities, 457
– FDA requirements, preemption of

See PREEMPTION

– Japan

– – Food, new labeling law, 150
– – Single agency to administer food safety and product liability under consideration, 71; accident prevention center to hasten reporting and probes to be proposed, 246; policy panel recommends creation of powerful agency, 554

– Motorcycle helmets, minimum performance standards proposed, 971
– Neurontin, off-label use, branded makers may be liable for generic product use (Pa. Ct. C.P.), 331
– Organic labeling of cosmetics subject of dueling suits (Cal. Super. Ct.), 448
– Ortho Evra patch, update to include higher risk of blood clots, 117
– Salmon-colored farmed salmon, FDCA does not preempt claims enforcing parallel state laws (Cal.), 162; claims allowed since color represents origin (Cal. Ct. App.), 546; (U.S., briefs filed), 644; Solicitor General asked for brief, 988
– Smoking cessation product, Pfizer updates Chantix label to include behavior changes, 118
– Toys and games, comments sought on choking hazard warning, 853

LADDERS

– Fiberglass stepladder, expert not needed but warranty claims tossed on privity and reliance grounds (E.D. Wash.), 314
– Home Depot, Tenn. long-arm statute does not extend to German maker (6th Cir.), 928
– Rivet improperly stamped, jury verdict approved after evidence review (E.D. Wis.), 519

LANDSCAPING EQUIPMENT

See LAWN AND GARDEN EQUIPMENT

LATEX GLOVES

– Indemnification limited to innocent sellers (Tex.), 335; indemnification question remains (5th Cir.), 600

LAWN AND GARDEN EQUIPMENT

– Flame weeders, Gardener's Supply recalls, fire hazard, 810
– Hedge clippers not faulty, worker negligent (E.D. Pa.), 734
– Lawnmowers

– – Death, defense verdict, evidence barred on other accidents and maker's remedial actions (W.D. Ky.), 780
– – Fingers severed, testing and alternate warning at issue (E.D.N.Y.), 446; expert reinstated after test submission, 580

– Log splitters, Am. Honda Motor Corp. recalls, fire or explosion risk, 693
– Small engines in outdoor equipment, catalytic converters increases fire hazard, study, 214

LEAD

– Cal. bill seeks ban in children's products, hearing held, 373
– Child safety, consumer advocate groups bring their concerns over product hazards, 191
– Conn. governor signs law to set stricter limits in children's products, 672
– CPSC

– – CPSIA, children's products

– – – Ban, CPSC says to be treated as hazardous substance, 902
– – – Third-party testing labs, CPSC publishes accreditation requirements, 932

– – Modernization Act

See LEGISLATION, FEDERAL, HR 4040

– – Reform Act

See LEGISLATION, FEDERAL, S 2045, S 2663

– – Roundtable set, 402; roundtable held, 501; federal and voluntary standards, 501

– Data call-in, EPA tells children's product makers to submit health and safety studies, 122
– Jewelry

– – CPSC roundtable held, 501; federal and voluntary standards, 501
– – Heart-shaped charms, Reebok agrees to penalty for hazardous substance violation, 294
– – Interim enforcement policy, CPSC fails to reach agreement, 174
– – Life of Faith charm bracelet, Mission City Press recalls, 192
– – Mass. rules to ban, 526
– – Pewter pendant collections, Benjamin Intl. recalls, 174

– Lipsticks contain high lead levels

– – Christian Dior suit (N.D. Ill.), 713
– – L'Oreal products, class action (N.D. Ill.), 64

– Norway, ban on use in consumer goods proposed, 720
– Sketchbooks with colored spirals, eeBoo Corp. recalls, lead hazard, 174
– Synthetic turf, CPSC staff finds children not at risk, 741
– Toys

– – European Comm'n proposes new safety standards, watchdogs not satisfied, 122
– – Wash. governor signs bill setting standards, 342

– Vinyl diaper bags, CEH threatens Prop. 65 suit due to lead, 319

LEAD PAINT

– Cal., contingent fee attorneys approved when assisting (Cal. Ct. App.), 447; (Cal., rev granted), 713
– Conn. governor signs law to set stricter limits in children's products, 672
– CPSIA, children's products

– – Ban, CPSC says to be treated as hazardous substance, 902
– – Third-party testing labs, CPSC publishes accreditation requirements, 932

– Data call-in, EPA tells children's products makers to submit health and safety studies, 122
– N.Y., makers not liable for distributing a legal product (N.Y. Sup. Ct.), 598
– Public nuisance suits

– – Municipalities, various rulings, 640
– – Ohio

– – – City of Columbus dismisses suit (Ohio Ct. C.P.), 689
– – – State suit should be remanded, WWII sales don't invoke removal law (S.D. Ohio), 874

– – R.I., paint makers appeal verdict, argue cumulative nuisance unconstitutional (R.I.), 163; amicus brief filed, 165; Webcast of oral arguments offered, 470; suit rejected, claims fall outside public nuisance law, 640; Analysis and Perspective, 834

– Recalls

– – Camouflage pajamas, Children's Retail Stores recalls, 585
– – Storage bins, L G Sourcing recalls, 458
– – Sun Smarties Board Skirts, Chelsea & Scott recalls, 786
– – Tinker Bell lamps, Kash N' Gold recalls, 70
– – Toys

See TOYS AND GAMES

LEARNED INTERMEDIARY DOCTRINE

– Colchicine, claims against hospital and pharmacist barred (Ala.), 265
– Condylar screw plates, “unavoidably unsafe product” instruction applies in Class II or Class III device cases (Conn. App. Ct.), 550
– Cymbalta, warning claim rejected when doctor would have prescribed anyway (E.D. La.), 521
– Diabetes drugs nonuser, company had no duty to warn (Md.), 870
– Effexor, widow's claims barred (5th Cir.), 445
– Hip prostheses, warning claim barred (W.D. Okla.), 602
– Parlodel, woman died of seizure, compensatory award affirmed, causation proof properly admitted (Ky.), 491
– Paxil, wrongful death suit dismissed (E.D. La.), 235
– Pondimin, pharmacy dispensed recalled drug, customer may assert negligence claims (Utah), 924
– Prozac, better warning would not alter prescription (N.D. Ga.), 261
– Synthetic insulin allegedly caused cancer, learned intermediary principles bar suit (D.P.R.), 989
– Zyprexa, doctrine bars widow's suit (S.D. Tex.), 186

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 1216, Cameron Gulbransen Kids and Cars Safety Act, Senate passes, 195; Bush signs, 246
– – HR 4040, Consumer Product Safety Modernization Act, House approved, industry praises at forum, safety advocates prefer Senate bill, 68; Am. Soc. for Quality report calls for passage, 95; Public Citizen calls for CPSC authority to warn public on current hazards, 120; parents of injured children speak out in favor of Senate bill, 146; Senators announce bipartisan agreement, 190; Nord pleased that bill incorporated her proposals, 190; symposium panel says recalls and media attention focused Congress on CPSC, 214; House and Senate bills reveal critical differences, 268; Senate bill protects whistleblowers, 268; bills contain state AGs provisions, 270; Nord says budget request does not include costs of pending bill, 271; differences still need to be worked out, 293; conferees not yet named, informal talks possible, 341; informal talks between key players, 373; CPSC to hold roundtable on lead issues, 402; Reid (D-Nev.) announces Senate conferees, 453; Nord cautions retailers about impact, 499; CPSC official says recalls to increase with lead limit reduction, 501; consumer advocates rally for strong bill, 502; House conferees named, 502; bill spurs toy group to establish safety program, 524; consumer groups support compromise bill with phthalates ban, 553; state legislators urge key members of Congress to restrict phthalate use, 553; House panel holds hearing, phthalate substitutes and chemical policies discussed, 582; passage unlikely before July 4th break, 604; conferees agree on some provisions but not all, 630; conferees remain split on ATVs, phthalates, and toy standard, 692; consumer groups urge Congress to finish bill, blame industry on delays, 719; Congress approves, 739; White House says Bush will sign despite some concerns, 740; bill provisions, 740; Congress waits to send bill to fit Bush's travel schedule, 760; Bush signs, 784; further action, see CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)
– – HR 4690, Bluffton Univ. Safety Act, introduced by Shuster (R-Pa), bus industry supports, focuses on testing and research, 786
– – HR 5069, Food and Product Responsibility Act, introduced by Visclosky (D-Ind), includes bond requirement for importers, 121
– – HR 5692, Infant Crib Safety Act, introduced by Tauscher (D-Cal) and Rogers (R-Mich), protects against secondhand products, 341
– – HR 5913, Protecting Americans from Unsafe Foreign Products Act, introduced by Sanchez (D-Cal), ensures accountability in U.S. courts, witnesses support intent but suggest changes, 453; provides for service of process over foreign nationals, 453
– – HR 6228, Ban Poisonous Additives (BPA) Act, sponsored by Markey (D-Mass), bans bisphenol-a in food and beverage containers, 582
– – HR 6381, Medical Device Safety Act, introduced by Pallone (D-NJ) and Waxman (D-Cal), to preserve state lawsuits under MDA, 628
– – HR 6903, Bruce Vento Ban Asbestos and Prevent Mesothelioma Act, introduced by Green (D-Tex), bans import and manufacture of asbestos products, established public education program, no markup set, 901

– Senate

– – S 2045, CPSC Reform Act, introduced by Pryor (D-Ark), Commerce Comm. approves substitute, safety advocates prefer Senate bill, 68; further action, see LEGISLATION, FEDERAL, HR 4040
– – S 2081, Food and Product Responsibility Act, introduced by Brown (D-Ohio) and Casey (D-Pa), includes bond requirement for importers, 121
– – S 2326, Motorcoach Enhanced Safety Act, sponsors Hutchison (R-Tex) and Brown (D-Ohio) urge passage, industry supports HR bill, 786; witnesses urge movement on bill, safety improvements available, 906
– – S 2663, CPSC Reform Act, introduced by Pryor (D-Ark), Senate approves, increases CPSC budget and powers, 243; further action, see LEGISLATION, FEDERAL, HR 4040
– – S 2928, to ban bisphenol-A in children's products, Schumer (D-NY) introduces, also requires CDC study, 454; written testimony accepted from FDA and CPSC, 504
– – S 3398, Medical Device Safety Act, introduced by Kennedy (D-Mass.) and Leahy (D-Vt), to overturn medical device preemption ruling, 758
– – S 3409, Drug and Device Accountability Act, introduced by Kennedy (D-Mass), to improve FDA oversight by enhancing facility registration, includes user fees, 1063
– – S 3633, Transparency in Drug Labeling Act, introduced by Brown (D-Ohio) mandates country of origin labeling for drugs, 966

LEMON LAWS

– Wis., how damages should be assessed where lessee purchases vehicle after filing suit (7th Cir.), 756

LEVAQUIN

– Nonresidents' claims, moving to home states inconvenient (D. Minn.), 314; suits consolidated, 626

LEXAPRO

– MDL lessons learned, Analysis and Perspective, 49

LIFTGATES

– Defect investigations, NHTSA, 788
– Struts, Toyota recalls Sienna, 608

LIGHTERS

– Cigarette lighters

– – Child-resistance standards, federal law preempts design claim (Tex.), 413
– – Voluntary standards, comments sought, 119; CPSC unable to agree on reliance on ASTM standard, comments sought, 174

LIGHTING EQUIPMENT

– Automotive systems

– – Aftermarket lights, lacking amber side reflectors

– – – ANW Group recalls, 997
– – – Sonar Auto Parts recalls, 997

– – Lamps, reflective devices, and associated equipment, NHTSA postpones compliance date, 831
– – Turn signals, defect investigations, NHTSA, 1035

– Down-light, Lithonia Lighting recalls, fire hazard, 721
– Exit and emergency lights, Cooper Lighting recalls, malfunction risk, 786
– Indoor ceiling light fixtures, Progress Lighting recalls, fall hazard, 585
– Tinker Bell lamps, Kash N' Gold recalls, lead paint hazard, 70

LIMITATION PERIOD

See STATUTES OF LIMITATIONS

LIPITOR

– Ga. proper forum for Ga. man's suit (N.Y. Sup. Ct.), 646

LOTENSIN

– Fetal harm, warning claim preempted (W.D.N.C.), 332

LOUISIANA

– Cataract surgery system, Alcon Labs. wins summary judgment (E.D. La.), 449
– Cordarone, brand-name maker owes no duty to user of generic (La. Ct. App.), 493
– Cymbalta, warning claim rejected when doctor would have prescribed anyway (E.D. La.), 521
– Defibrillators, Sprint Fidelis leads MDL

See DEFIBRILLATORS

– Epidural catheter maker awarded judgment where proof pointed to nurse's negligence (W.D. La.), 208
– Fosamax, certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– Gasoline contamination class action, attorney fee allocation criticized (5th Cir.), 140
– Hip implants, lack of evidence of deviation from standards and specifications dooms defect claim (W.D. La.), 824
– Outlook herbicide, claims allowed for ruined sweet potato crop (W.D. La.), 520
– Paxil, wrongful death suit dismissed (E.D. La.), 235
– Smoking cessation program, reduced award ordered (La. Civ. Dist. Ct.), 711
– Teflon surgical paste approved prior to MDA, state warning claims preempted (W.D. La.), 106
– Vioxx heart attack and stroke MDL, Merck agrees to settle, panel discusses (E.D. La.), 26; Merck says enrollment threshold met, 237