Chapter 12 pt3
Understanding Product Liability and Regulation
Test your knowledge on product liability, food safety, and regulations governing drugs, cosmetics, and medicinal devices. This quiz covers key concepts and doctrines that are essential for anyone interested in the legal aspects of product safety.
- Explore various types of defects in products.
- Learn about significant legislation affecting food and drug regulation.
- Understand the responsibilities of manufacturers and distributors.
The Concept of Defect
To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective
Punitive damages are often awarded in strict liability lawsuits if the plaintiff proves that the defendant either
Privity of contract is not required for a plaintiff to sue for strict liability
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
Common Types of Defects: Pick4
Defects in Manufacture
Defects in Design
Defects in Packaging
Failure to Warn
Negligent product design
Negligent packaging
Failing to assemble the product carefully
Crashworthiness Doctrine
The courts have held that automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person’s body striking something inside the automobile in the case of a car accident.
To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
Other Product Defects: Pick 4
Failure to provide adequate instructions
Inadequate testing of products
Inadequate selection of component parts or materials
Improper certification of the safety of a product
Intentionally injured him or her
Acted with reckless disregard for his or her safety
Regulation of Food:
The FDCA prohibits the shipment, distribution, or sale of adulterated food
Intentionally injured him or her
Acted with reckless disregard for his or her safety
Nutrition Labeling and Education Act:
A federal statute that requires food manufacturers and processors to provide nutritional information on most foods and prohibits them from making scientifically unsubstantiated health claims
The FDCA prohibits the shipment, distribution, or sale of adulterated food
Intentionally injured him or her
United Nations Biosafety Protocol for Genetically Altered Foods
A United Nations sponsored protocol that requires signatory countries to place the label “may contain living modified organism” on all genetically engineered foods
A federal statute that requires food manufacturers and processors to provide nutritional information on most foods and prohibits them from making scientifically unsubstantiated health claims
The FDCA prohibits the shipment, distribution, or sale of adulterated food
Regulation of Drugs
The FDCA gives the FDA the authority to regulate the testing, manufacture, distribution, and sale of drugs
A United Nations sponsored protocol that requires signatory countries to place the label “may contain living modified organism” on all genetically engineered foods
A federal statute that requires food manufacturers and processors to provide nutritional information on most foods and prohibits them from making scientifically unsubstantiated health claims
Regulation of Cosmetics The FDA has issued regulations that require cosmetics:
To be labeled
To disclose ingredients
To contain warnings if they are carcinogenic or otherwise dangerous to a person’s health
To be open
To be closed
To be half emtpy
Regulation of Medicinal Devices
The Medicinal Device Amendment to the FDCA gives the FDA authority to regulate medicinal devices and equipment
The FDCA gives the FDA the authority to regulate the testing, manufacture, distribution, and sale of drugs
The courts have held that automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person’s body striking something inside the automobile in the case of a car accident.
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