Newsletters

Fast Food Litigation

Is a double cheeseburger a defective product? A number of tort lawyers and their clients believe so. In July 2002, a class action suit was brought on behalf of patrons of McDonald’s, Wendy’s Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56 year old, 270 pound man, but the class was vaguely defined as those who have consumed products manufactured and sold by the defendants who have become obese, overweight, developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food.

Types of Defects in Products

A manufacturer has a duty to make safe products for consumers. It does not, however, have to make products that are completely accident proof or design the safest product possible. In products liability law, a defect does not mean an inferior quality product, instead it refers to the lack of safety in the product–the product has an unexpected defect or danger.

The Food and Drug Administration’s Prescription Drug Approval Process

The Food, Drug, and Cosmetic Act (Act) regulates foods, drugs, medical devices, and cosmetics. The Act established the Food and Drug Administration (FDA), which has responsibility to assure that new drugs are safe and effective.

Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices

Drug product liability lawsuits are usually based on the drug company’s failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product.

The Role of the Food and Drug Administration in Product Safety

The Role of the Food and Drug Administration in Product Safety