E3, Ch 15: Product and Service Issues Flashcards
Under a new rule proposed in Jan. 2025, food manufacturers would be required to put new labels on front of packages flagging new nutrition information on…
salt, added sugar, saturated fat
the new FDA rule as of 1/25 is part of an effort to improve American eating habits following an increase in…
Type-2 diabetes and cardiovascular disease
According to CDC, about 48 million people in the U.S. (__ out of __) get sick; ___,000 are hospitalized; and, 3,000 die each year from preventable, _______ diseases
1 out of 6
128k
food-borne
Food Safety Modernization Act, 2011
gave FDA new authority to regulate the way foods are grown, harvested, and processed
Consumer Product Safety Commission
govt. agency (1972) whose mission is to protect public from unreasonable risks of injury or death associated with consumer products
CPSC major duties (2)
- develop and enforce mandatory safety standards for consumer products and can ban products if no feasible standard would adequately protect the public
- issue recalls
product safety - liability
receives attention because of the number of cases where products have resulted in illness, harm, or death AND because of the amount of financial reward
tort law
entitles victims to make a claim to recover compensation for damages
tort vs harm
tort: when someone harms you through negligent or harmful acts
harm: can include loss of past or future income, payment of medical expenses, payment for pain and suffering
Tort Law can also extend to ________ damages that are meant to punish the plaintiff
punitive
Doctrine of Strict Liability
responsible for the consequences of a specific action or practice, even if they’re not at fault or didn’t intend harm
Anyone in the value chain of a product is liable for harm caused to the user if the product is…………
unreasonably dangerous because of a defective condition
extensions of Liability Doctrine (2)
Absolute Liability and Market Share Liability
absolute liability
a manufacturer could be held liable for failure to warm of a product hazard, even if the hazard was scientifically unknownable at the time of manufacture and sale
Ex. Asbestos
market share liability
manufacturers who made the product share in the liability for injury according to their market shares
Ex. DES → cancer; prescribed to pregnant women to prevent miscarriages
Without tort reform…
the plaintiff of a negligence lawsuit can seek an uncapped sum of money awarded to compensate actual damages along with non-economic damages like stress and anxiety
Tort Reform broadly refers to any attempt on part of the state or federal lawmakers to: (2)
- make it more difficult for victims to file lawsuits
- limit the amount of compensation
there is a movement in favor of tort reform because… (3)
- plaintiffs are too eager to sue
- juries are eager to award large amounts of damages
- tort laws make insurance and medical care too expensive
