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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained.

NBTY: What does it take to be made in the U.S.A?

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Friday marked the beginning of a potential class action against vitamin manufacturer NBTY in Florida federal court, alleging deceptive labeling of some of their products. For manufacturers, it may be good for business to label products ‘made in USA’, with an American flag emblem nested proudly on the product. However, legal standards place constraints on how the product must be made and what parts it must consist of in order to bear this label.

The proposed class of consumers in Sweat v. NBTY, Inc., allege that the company deceptively labels its products as being ‘Made in [the] U.S.A.’, and that the consumers purchased the products in reliance on that representation. Instead, the products purportedly contain substantial ingredients sourced from foreign countries. Specifically, the vitamins are alleged as violating the Florida Deceptive and Unfair Trade Practices Act and the Federal Trade Commission Act’s labeling standards.

Both the Federal Government and individual states have standards that products must abide by in order to bear the label ‘Made in the U.S.A.’. The Federal Trade Commission standard is explained in 15 U.S.C.A. § 45a [1], requiring “all or virtually all” of the product to be made in the United States. California’s standard, outlined in the state’s business and professions code, is more detailed, and arguably more exacting.[2] The statute generally makes it unlawful to label a product as ‘Made in America’, ‘Made in the USA’ or ‘U.S.A., if the merchandise (or part of it) has been “entirely or substantially made, manufactured, or produced outside of the United States.”[3] The statute then provides a variety of ways in which to show that a product violates this standard, including showing that the parts of the merchandise obtained outside of the United States constitute over 5 percent of the wholesale value of the final product.[4]

Since the NBTY class action alleged violation of Florida and federal law, plaintiffs will ultimately need to satisfy those standards. But California businesses should also be wary of these regulations.

[1] “To the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a “Made in the U.S.A.” or “Made in America” label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission issued pursuant to section 45 of this title. This section only applies to such labels. Nothing in this section shall preclude the application of other provisions of law relating to labeling. The Commission may periodically consider an appropriate percentage of imported components which may be included in the product and still be reasonably consistent with such decisions and orders. Nothing in this section shall preclude use of such labels for products that contain imported components under the label when the label also discloses such information in a clear and conspicuous manner. The Commission shall administer this section pursuant to section 45 of this title and may from time to time issue rules pursuant to section 553 of Title 5 for such purpose. If a rule is issued, such violation shall be treated by the Commission as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices. This section shall be effective upon publication in the Federal Register of a Notice of the provisions of this section. The Commission shall publish such notice within six months after September 13, 1994.
[2]  Cal. Bus. & Prof. Code § 17533.7.
[3] Cal. Bus. & Prof. Code § 17533.7.
[4] Cal. Bus. & Prof. Code § 17533.7.

Tragic Alligator Attack Kills Toddler at Disney World

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Amid a week of tragedies, a 2-year-old boy, Lane Graves, has been found dead after being pulled into a lagoon by an alligator near Walt Disney World hotel. The accident happened around 9:15 PM ET on Tuesday as his family relaxed on the shore of the lagoon nearby. The boy had waded into about a foot of water at the lagoon’s edge when the alligator snagged him; despite the boy’s father trying to pry the alligator’s mouth open, the child was dragged underwater. By about 1:45 PM Wednesday, the body had been found intact by an Orange County dive team 10 to 15 yards from where he had been grabbed the night before.

Despite this incident, alligator attacks are relatively rare. The likelihood of a resident being seriously injured during an unprovoked alligator attack in Florida is roughly only one in 2.4 million. And nationwide, there were only 5 fatal alligator attacks in 2015. Over the last 60+ years, only 23 people have died as a result of unprovoked alligator attacks, 8 of which were children 16 and under.

Still, the question of liability remains. Resorts are often located in exotic locations where wild animals are close by — it is often part of the vacation experience. But when a fatal attack occurs at one of these resorts, who is liable? Florida property law imposes a duty onto landowners who welcome the injured patron onto their property, known as invitees. Here, Disney World had a duty to maintain its property in a reasonably safe condition and warn patrons of latent or concealed dangers that should have been known to them, were unknown to patrons and would not have been discovered through exercise of the patrons’ due care. Although ‘No Swimming’ signs were posted around the lagoon, there did not appear to be any indication of the possibility of alligators in the water. On the other hand, Florida law does not require landowners to guard patrons against harm from wild animals. Despite legal concerns, a recent statement by the Orange County Sheriff’s Department indicated that the ongoing investigation was not currently criminal in nature.

States differ in their laws concerning premises liability, animal attacks, and personal injury. If you have questions about an animal attack that occurred in California, be sure to contact an experienced California personal injury attorney.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

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Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

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Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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