San Francisco Injury Lawyer Blog

According to newsinferno.com, Lorillard and R.J. Reynolds have sued the FDA and the Department of Health and Human Services over the composition of the FDA’s Tobacco Products Scientific Advisory Committee. The two big cigarette makers allege that conflicts of interest and bias existed on an FDA advisory panel that wants to recommend menthol, or mint flavored, cigarettes be banned. Specifically, they claim the panel have a financial interest in seeing tobacco products fail. Even though the FDA panel recommendations are not legally binding, the FDA does generally follow the advice of its panels, and the panel will likely make its recommendations by March 23rd. The legislation has called on the FDA to seek advice from a panel of outside experts before determining whether menthol cigarettes should also be taken off the US market.

In 2009, legislation passed enabling the FDA to make decisions concerning tobacco products, including cigarettes. The agency banned flavored cigarettes, such as fruit and chocolate, which were specifically marketed towards children. Matthew Myers president of the Campaign for Tobacco-Free Kids says that what the tobacco companies fear is that the committee, after examining all the evidence, will recommend effective actions that reduce or eliminate the lucrative market for menthol cigarettes. This is yet another example of how big tobacco places profits ahead of lives and health. Health advocates denounce the lawsuit as a frivolous attempt to keep the FDA panel’s recommendation from coming to light. Just as an aside, it is interesting that RJ Reynolds openly admits in a public health statement on their website that cigarettes are harmful: Cigarette smoking significantly increases the risk of developing lung cancer, heart disease, chronic bronchitis, emphysema and other serious diseases and adverse health conditions. Needless to say, we wonder how these people sleep at night. If you or a loved suffered injuries due to the use of a dangerous product, contact our firm to find out if you a product liability lawsuit.

Toyota is recalling another 2.17 million vehicles to fix problems that could cause their accelerator pedals to become stuck, yet another setback in its efforts to gain ground from the bad press that surrounded them last year. Toyota initiated two new recalls covering about 769,000 sport utility vehicles and 20,000 Lexus sedans, and added almost 1.4 million more vehicles to its November 2009 recall related to what Toyota called “floor mat entrapment.” Since 2009, Toyota has recalled more than 14 million vehicles globally, a majority of which are connected to the floor-mat issue or a defect in the design of the accelerator pedal. The affected models are the 2004-6 Toyota highlander ;the 2004-7 Lexus RX; the 2006-7 Lexus GS; the 2003-9 Toyota 4Runner; the 2008-11 Lexus LX 570; and the 2006-10 Toyota Rav4.

According to The New York Times, Federal regulators said the announcement concluded their investigation into whether Toyota had recalled enough vehicles. The National Highway Traffic Safety Administration reviewed more than 400,000 pages of Toyota documents to determine whether the scope of it recalls for pedal entrapment was sufficient. After the review, Toyota was asked to recall the addition vehicles. The news came a few weeks after the agency concluded that it could not find flaws in the electronics system to explain reports of sudden acceleration, as some critics and lawyers suing the company have asserted. The safety agency forced Toyota to pay $48.8 million in three separate fines for waiting too long to announce the sudden-acceleration recalls and an unrelated 2005 recall. Each of the fines was the maximum allowed by law. Owners of recalled vehicles will receive notice both informing them of the problems and inviting them to have a dealer perform an inspection. Detailed information and answers to questions are available to consumers at www.toyota.com/recall or www.lexus.com/recall .
If you or a loved one suffered an injury due to the use of a defective product, or if you have questions regarding a potential claim, please contact our firm.

According to the associated press, a recent report written by a group of doctors warns that popular energy drinks are being overused and have not been adequately studied. The report has established that the beverages are considered dangerous to children and teenagers because the caffeine and other energy ingredients can lead to adverse affects the body, such as heart palpitations, seizures, strokes or even death. The drinks can also lead to shaky feelings and cause diarrhea and nausea. This information has lead doctors to conclude that safe limits need to be established for children, adolescents, and young adults and that the drinks should be regulated in the same way that tobacco, prescription drugs, and alcohol are regulated. The report coincides with a current crackdown on energy drinks, as the FDA has issued warning letters to manufacturers and the drinks have been banned in several states due to alcohol overdoses.

Energy drinks were introduced over 20 years ago and have been the fasted growing drink on the market. This year’s sales are expected to top $9 billion. About one third of teens and young adults regularly consume energy drinks. Anyone with diabetes, heart disease, or high blood pressure might want to stop and think before drinking an energy drink. Because the ingredients have not been studied enough and are not regulated, it is unclear which groups of people will experience negative side effects from a particular ingredient in these beverages. When companies market energy drinks to children and young adults but fail to properly address the dangers, they risk placing themselves at the center of a product liability lawsuit. To learn about what you can if you have experienced harm or illness from dangerous or defective products, contact our firm for a free consultation. We are able to explain your legal rights and options and evaluate whether or not you may be able to bring an action for a product liability and recover damages.