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herbal supplement product liability, Chicago personal injury lawyerIn an independent test by the New York State Attorney General’s office, it was found that four major retailers’ name brand herbal supplements did not contain the herbs listed. Instead, the supplements contained filler ingredients, some of which may cause allergic reactions.  Mislabeling products is considered a product liability issue. For example, if you are allergic to an ingredient in the product or you have an adverse side effect because it is not labeled correctly, the product manufacturer is responsible for compensating you, the consumer.

The New York State Attorney General’s office sent Wal-Mart, Walgreen’s, GNC, and Target a “Cease and Desist Notification” to pull the named products in the notification off their shelves and explain their process about how they verify the ingredients on the labels of the listed supplements. The tests found that four out of five products did not contain any of the herbs listed on their labels. The tests did find fillers, such as wheat, asparagus, powered rice, and house plants, in the supplements.

Supplements are not regulated by the Food and Drug Administration (FDA) like prescription medications are. They are not required to go through the same rigorous testing that prescriptions are before they are sold to consumers. Supplement regulation is based on an honor system that operates with the understanding that the manufacturer is being truthful about what ingredients are in the product and the labeling on the product is true.

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Posted on in Product Liability

Takata airbag recalls, Chicago product liability lawyerWith 7.8 million U.S. vehicles affected by the recent Takata airbag recall, many people are wondering if their vehicle is affected by the recall and if it is safe to drive. Airbags can deploy, even in low-impact crashes, causing injuries and damage. If your vehicle is affected by the defective airbags, you may be at risk if your airbags deploy and may have a product liability case against the manufacturer.

In light of all the recent rolling recalls, people are also wondering who knew about the defects before the recalls started happening. The National Highway Traffic Safety Administration (NHTSA) issues recalls based on accident, individual, and car manufacturer reports. They did not start investigating Takata airbag defects and issuing recalls until 2009. Alleged evidence from Honda and Takata state they both knew as early as 2004 that there was a defect in the airbags.

In addition to Honda and Takata allegedly knowing about the defects, they did not notify NHTSA about the defects. At a hearing before the House Committee of Energy and Commerce, a Takata executive, Hiroshi Shimizu, would not clearly answer if the airbags were defective, but did apologize for the deaths and injuries.

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Takata airbag recall, Chicago product liability attorneyTakata airbags, used in many major car companies, are being recalled following reports of metal shards piercing victims’ faces and necks after the airbags deployed in accidents. The National Highway Traffic Safety Administration (NHTSA) has released a consumer advisory listing vehicle makes, models, and years affected by the recall.

Takata airbags are manufactured and sold by Takata Corporation of Japan to many car companies throughout the world. Those companies that have issued recalls are BMW, Chrysler, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota, affecting over 7.8 million vehicles.

The NHTSA is urging car owners who own vehicles from the affected companies to check their VIN number to see if their vehicle is included in the recall. If your car is included in the recall, contact your car manufacturer for replacement details. The defective Takata airbags are linked to four deaths and over 100 injuries in accidents where the recalled airbag deployed, sometimes shooting metal shards into the inside of the car, caused by a potentially deteriorated propellant that ruptured the inflator housing.

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energy drink dangers, product liability attorney in ChicagoOver the past few years, concerns and controversy have been linked to energy drinks and the dangers that have been reported in adults, but now Health Day has published a new study that discusses young children, under the age of six, who are also at risk when they consume these products. The study reported data from 55 separate poison control centers over a three-year period, resulting in conclusive statistics that revealed 40 percent of reports to poison control centers in the U.S. involved children in this age range.

Although energy drinks are typically marketed to teenagers and young adults, the national poison control data system has linked these reports to children’s unintentional exposure to the beverages. Over 50 percent of these reported cases included serious health incidents such as heart problems and seizures.

The study clearly shows the availability and level of exposure that young children have to these beverages. Canned energy drinks that contain herbal ingredients plus caffeine can be labeled as dietary supplements without evaluation of health safety by the FDA. As a result, people may then be given inaccurate or incorrect product information about the amount of caffeine they are consuming, especially if the company chooses not to disclose the specific amount of caffeine per drink.

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GM ignition switch, personal injury lawyer in ChicagoIn 2007, a Texas woman was charged with negligent homicide for losing control of her vehicle and crashing into a tree, which resulted in the death of her boyfriend. What was not revealed at the time of the case and her subsequent guilty plea was a long overdue admission by General Motors (GM), which finally came in November 2014, publicly linking the death of her boyfriend to an ignition switch defect in millions of its vehicles.

According to an article published by the The New York Times, GM had quietly conducted an internal review of the crash and ruled its vehicle to blame without alerting the woman or law enforcement. The woman’s Saturn Ion was one of the listed cars equipped with the defective part.

GM’s faulty ignition was known to cause loss of power brakes, power steering, and airbags. An estimated 35 deaths linked to this defect went unreported by GM for than a decade.

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