On behalf of Smiley & Smiley, LLP posted in Defective Products on Monday, August 15, 2016.
Readers of this blog should know that negligent parties can be held legally and financially accountable for damages caused by a defective product. The liable party is typically the one responsible for the defective element, be it the design, manufacture or sale of the product.
However, in this day and age, people also get seriously injured or sick because of products that, while not necessarily defective, are still dangerous. For instance, imagine you bought a product claiming to cure or prevent certain illnesses only to learn that you indeed have that illness. The product may not be defective; it may have been sold to you under false pretenses.
Recently, for example, media outlets have reported that numerous companies are being targeted for using false advertising to sell products purporting to protect people from the Zika virus.
The products in question all claim to protect consumers from the Zika virus using various methods. However, there is currently no vaccine in existence that prevents Zika, as noted by the Centers for Disease Control and Prevention. The products do, however, utilize botanical oils that may have some effectiveness in repelling mosquitoes, which can transmit Zika.
However, claiming that the products prevent Zika is misleading and dangerous, as none of them is proven to be effective at doing that.
Most of the companies identified by New York's attorney general agreed to change their advertising, even though they still claim their products are effective.
This case is a good reminder that companies can and do make some outrageous claims about their products. Oftentimes, unfounded, false claims get the companies in trouble with agencies like the Federal Trade Commission. However, in the event that a falsely advertised product leads to consumer illness or injury, there may be grounds for a personal injury claim.
People who believe they suffered damages as a result of a falsely advertised product would be wise to consult an attorney as soon as possible. There may be grounds to file a legal claim and seek compensation.
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