News & Analysis as of

Product Labels Failure To Warn

McGuireWoods LLP

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

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On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

Morris James LLP

Meningioma and Birth Control Lawsuits: The Case Against Depo-Provera

Morris James LLP on

Women across the country are taking legal action against Pfizer, the manufacturer of Depo-Provera, alleging that the company failed to warn about the risks of developing meningiomas — generally non-cancerous but potentially...more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

Segal McCambridge on

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

Fishman Haygood LLP

U.S. Third Circuit Rejects Claims of Preemption and Allows Fosamax Cases to Proceed

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In 2022, over 500 plaintiffs filed a case alleging that Merck Sharp & Dohme Corp., a drug manufacturing company, failed to provide adequate warnings that one of their drugs increased the risk of atypical femoral fractures....more

Foley Hoag LLP

Product Liability Update - October 2024

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Fishman Haygood LLP

U.S. Eleventh Circuit Rejects FIFRA Preemption in Roundup Case

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As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more

Bennett Jones LLP

The Expansion and Contraction of Product Liability Causes of Action

Bennett Jones LLP on

Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the...more

Faegre Drinker Biddle & Reath LLP

Deceptive Labeling Claims Based on Trace Amounts Sent to the Dog House

In dismissing a plaintiff’s claims regarding dog food ingredients, the U.S. District Court for the Eastern District of Wisconsin confirmed the common-sense principle that manufacturers need not list anything and everything...more

Seyfarth Shaw LLP

Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters

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Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems. Failure to do so will result in a civil...more

Cozen O'Connor

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

Cozen O'Connor on

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Cozen O'Connor

Man Claims Marijuana Made Him A Killer: The Increasing Scope of Product Liability in the Cannabis Industry: Kirk v. Nutritional...

Cozen O'Connor on

Like the rest of the manufacturing world, cannabis Industry participants are beginning to face product liability risk following the legalization of marijuana. Last week, three sons of a woman killed by their father during an...more

Butler Snow LLP

Pro Te: Solutio Vol. 8 No. 2

Butler Snow LLP on

Summer is in full swing and certain topics are (staying) hot—especially regulatory issues, from new proposed rules to challenges to case law to strategic considerations. Generic preemption remains a hot topic. In Storm...more

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