Billions of products are manufactured every year. According to Statista, the total number of companies in the manufacturing sector reached a whopping 6.58 million in 2023. Also, the industry is growing at a CAGR of 3.57%.
This alone gives us an idea of the number of new products that may enter the market yearly. Out of these, many turn out to be defective to the extent that they may cause severe harm to their consumers. When individuals are injured by a dangerous product, they may sue the manufacturer for legal justice and compensation.
There are two primary conditions every marketable product must meet – it must stand true to the manufacturer’s claims, and it must be safe. In this article, we will discuss three products that failed to meet ordinary customer expectations, thereby resulting in a product liability lawsuit.
These personal injury lawsuits are currently active across US Federal courts.
Johnson & Johnson’s Talcum Powder
Johnson & Johnson’s is a name that does not need any introduction. This company has been manufacturing baby powder since 1894. At first, the product seemed like an innocent baby grooming essential.
It had a mild pleasing aroma, would glide smoothly across a baby’s skin, and even the bottle’s square container was designed with the mother in mind. The package would not roll away from the mother’s reach should her hands be full. But the truth behind it was sinister and dark.
So, what happened? It was discovered that the company’s powder consisted of asbestos. The prime culprit was the product’s talc, a mineral sourced from asbestos-contaminated areas. Since the cosmetics industry is responsible for self-regulating its talc, no restrictions were in place.
Due to talc exposure, mothers started developing life-threatening conditions like ovarian cancer and mesothelioma. Victims filed a lawsuit against the manufacturer as early as 2009. It was later found that Johnson & Johnson had been aware of the presence of asbestos since the 1950s itself.
There are currently 11,000 lawsuits filed against the manufacturer, a 28% surge alleging that the talc-based powder leads to cancer. Recently, the company offered a $9 billion settlement to close decades of pending lawsuits.
Also, it has vowed to remove all talcum powder products by the end of this year.
AFFF Firefighting Foam
Aqueous Film Forming Foam or AFFF is firefighting foam that firefighters have used for decades to extinguish Class-B fires caused by liquid fuels. Unbeknownst to them, firefighters exposed themselves to hazardous chemicals, primarily per and polyfluoroalkyl substances (PFAS).
A complex group of over 12,000 chemicals, they are known to be carcinogenic to humans. Lawsuits started piling up across Federal courts by 2017 that AFFF had led to cancers of the testicles, thyroid, kidney, bladder, etc.
According to TruLaw, this lawsuit was divided into two categories – personal injury cases filed by firefighters and water contamination cases filed by municipalities. PFAS found in AFFF are referred to as the forever chemicals because they have the potential to stay indefinitely within the soil or human body. This is what makes them even more dangerous.
The AFFF lawsuit was consolidated into a class-action multi-district litigation in 2018. A global settlement was reached for water contamination cases when 3M agreed to pay a $10.3 billion settlement. The same will be given to municipalities over 13 years for PFAS detection and remediation.
As for the personal injury cases, the pre-trial procedure is currently underway. Attorneys on both sides are choosing cases for the Bellwether discovery pool of 2024. Four trial dates are expected to be scheduled, and the first trial may start by early 2024.
Lawyers are expecting personal injury settlements to be announced by late 2024 or latest by early 2025.
Commercial Baby Formula
It almost seems like infants have become the prime target of product manufacturers as they keep profits over society’s most innocent. The commercial baby formula lawsuit is another sad example.
In the bygone centuries, mothers who could/would not breastfeed their babies took the help of wet nurses. In any case, they could rest assured that their child was fed with nutrient-rich human breast milk. In the wake of the 20th century, the scenario began to change.
Cow milk-based commercial baby formulas in powdered forms became available. There are plenty of women who cannot breastfeed for valid reasons, albeit the World Health Organization (WHO) recommends it for at least six months after birth.
Such vulnerable mothers depend on commercial infant formulas for their baby’s nutrition. Besides lacking vital nutrients, baby formulas like Enfamil and Similac have caused life-threatening complications.
It was found that babies, especially if premature and underweight, began developing a condition called Necrotizing Enterocolitis (NEC). It is an inflammation of the infant’s intestinal lining, often leading to death or perforation of the organ. One can only imagine the suffering a voiceless child is subjected to, sometimes just weeks after birth.
Parents of injured babies have filed a baby formula lawsuit, claiming that the manufacturers were aware of the risks but failed to disclose them. No settlements in the litigation have been made yet, but lawyers are guessing that the payout may range between $5,000 and $500,000.
Mothers are advised to feed milk from human milk banks if they cannot breastfeed their babies.
Closing Thoughts
The manufacturing industry (especially companies dedicated to product innovation) has a heavy burden on their shoulders. It must ensure each new product churned out meets safety standards for its intended use.
No product should pose any life or health risk as far as the packaging, sanitation, and preservation are concerned. Besides this, companies are also liable to inform consumers of any risks involved.
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