Products Liability Research Paper

Products Liability Research Paper

Introduction

This research paper is based on the analysis of the Product Liability Case. Bayer is the international pharmaceutical company which produces the birth control pill “Yaz”. Unfortunately, the birth control pill Yaz lead to various health problems for the women who were using this medicine frequently. In the last few years, more than 10,000 lawsuits against the Yaz were filled by the people alleging the product liability. The plaintiffs filled various lawsuits on the basis of the product liability laws for misleading them.

Product liability is the most effective weapon for the consumers to file the lawsuits against the companies which are involved in misleading business practices to increase sales and market share. This responsibility can occur at any point in the process of manufacture or distribution of a product. Consequently, the manufacturer, wholesaler, and seller of the product can share responsibility for damage caused by a dangerous or defective product. There is a vital need that the drug manufacturers like Bayer must warn service security risks in accordance with the laws of Product Liability. Liability for defective products is the situation in which a producer incurs tort liability because of a security flaw in one of its products or services causing damage to any person whatsoever. This is a special regime of responsibility (Waddams, 2011).

If a medicine manufacturer does not inform the patients about the possible side effects of drug, then it can be held accountable to patients suffering injuries as a result of inadequate warnings, under a legal theory known as product liability. In contrast to a view that product liability can be addressed fully through contract or tort law, an elaborate public structure exists in many developed countries to regulate product safety (Fletcher, 2002). In the United States, several federal agencies are charged with the responsibility of protecting consumers and buyers from potentially harmful products. The core federal agencies concerned with consumer protection include the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), the U.S. Department of Agriculture (USDA), and the Environmental Protection Agency (EPA).

The Product Safety Issue That Led To the Lawsuit and Regulatory Agency

The case against Bayer was filled on the basis of product liability. The reason is that in order to encourage the women to purchase the Yaz, Bayer in its marketing strategies told the public the wide benefits of the Yaz and didn't told the women about the possible side effects and consequences. Therefore, the FDA took the stringent and aggressive measures against the Bayer and ordered Bayer to include a warning of this increased risk on their label. The Bayer's Yaz did not consider the legal implications of the product liability and in order to increase the sales Bayer marketed that Generic Yaz offers benefits of both physical and psychological health to woman. The benefits that were communicated to the public includes that it requires no prescription, it is effective in 99% of cases for the prevention of pregnancy, it treats the ...