Graco Recalls 2 Million Popular Strollers

Graco recently recalled approximately 2 million Graco strollers because the strollers have been known to cause entrapment and strangulation, including four deaths between 2003 and 2005. There have also been several reports of infants becoming entrapped in the stroller, resulting in cuts, bruises and difficulty breathing. The recall includes the older versions of the Graco […]

San Francisco Bans Popular McDonald’s Happy Meal

The city of San Francisco has effectively banned McDonald’s Happy Meal. The city’s Board of Supervisors passed an ordinance on November 2, 2010 requiring that meals that include toys with their purchase, like the popular Happy Meal does, meet specific nutritional guidelines. Since the Happy Meal currently does not meet such nutritional requirements, it is […]

Children playing in playground

CPSC Attempts to Clarify Definition of Children’s Product

The Consumer Product Safety Improvement Act of 2008 (CPSIA), a children’s product is defined as a consumer product designed or intended for use primarily by children 12 years of age or younger, but, until recently, there was little clarification about the interpretation of the definition. Because children’s products are subject to strict product safety guidelines […]

510(k) Premarket Clearance Requirements for Medical Devices

When a manufacturer wishes to introduce a new medical device or reintroduce a device that will be significantly changed or modified to the extent that its safety or effectiveness could be affected, the manufacturer must provide the U.S. Food and Drug Administration (FDA) with a Premarket Notification (PMA) in the form of a 510(k) submission […]

Caffeinated Alcoholic Beverages Banned

Caffeinated alcoholic beverages may soon be a thing of the past. On November 17, 2010, the U.S. Food and Drug Administration (FDA) issued warning letters to four manufacturers of beverages containing both alcohol and caffeine, such as Four Loko and Joose, admonishing the companies for violations of federal law and effectively banning the beverages from […]

Lawnmower Products Liability Case Considered by Federal Court in Illinois

The United States Court of Appeals for the Seventh Circuit of Illinois recently considered whether a products liability lawsuit involving an allegedly defective lawnmower could proceed under Illinois law. In Malen v. MTD Products, Inc., No. 08-3855, the plaintiff’s foot was injured when he slipped off of his riding lawnmower and his foot was struck […]

Illinois Court Holds Expert Testimony Required for Strict Liability Claim

The United States District Court for the Northern District of Illinois, in Show v. Ford Motor Company, No. 08 C 3081, considered the issue of whether, in the absence of expert testimony, the plaintiffs established a prima facie case for strict liability against an automobile manufacturer. In Show, the plaintiffs, a driver and passenger who […]

Products Liability Lawsuits and Pleading Requirements in Illinois

Goesel v. Boley Intern. (H.K.) Ltd., 2009 WL 3358950 (N.D.Ill.,2009), is a recent and very interesting federal decision. In Goesel, the plaintiffs brought a products liability action on behalf of their son against a toy sword manufacturer and Target, the exclusive distributor of sword, after their child suffered severe eye injuries when the sword shattered. […]