Product Recalls

The U.S. Food and Drug Administration (FDA) has issued a recall for some herbal supplements that may be contaminated with Salmonella. The supplements are made by the Eclectic Institute of Sandy, Oregon. The FDA news release issued Tuesday, December 20, has the lot numbers of the supplements which contain the herbs Gotu Kola and Bladderwrack in freeze-dried capsules.

Salmonella is a serious contamination known to cause serious illness and even death among young children and people with weakened immune systems. Even in the healthy, a Salmonella infection can cause nausea, vomiting, diarrhea, fever, and abdominal pain. Salmonella can also get in the bloodstream and cause heart infections, endocarditis (inflammation of the heart chamber or valves), and arthritis. The supplements were sold from mid-September to mid-December of this year to health care practitioners, retailers, and individuals. The company reports in a news release that it has received no reports of anyone being infected or who has become ill, but that routine micro-testing found Salmonella in one batch while another test was negative. The company is required to report contamination of its product to the FDA.

Anyone in possession of these supplements can get a full refund from the company and should not consume them.

Defective Product Recall

A product infected with Salmonella is considered defective, and if it harms a user, it can be the subject of a product liability action. While no one wants to be sickened, you can receive compensation for your medical costs, lost wages, and any long-term consequences. Defective product lawsuits have been responsible for taking many dangerous products off the market, and just the threat of a product liability lawsuit keeps many manufacturers on their toes to produce products that are safe for the public. If you have been injured or become ill from a defective or unsafe product, the Jacksonville product liability lawyers of Farah & Farah can help. Call (800) 670-1464 for a free review of your case.

Source: http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm284711.htm?source=govdelivery; http://www.fda.gov/Safety/Recalls/ucm284454.htm

The Nautilus name is synonymous with quality exercise equipment, but 10,000 units of an elliptical trainer are being recalled due to a danger to consumers. The Consumer Product Safety Commission (CPSC) announced the recall on December 6 in a press release. The Elliptical Exercise Trainer, made in Vancouver, Washington, has a foot plate that can detach from the machine while in use. If that happens, a consumer can fall off of the exerciser while they are in motion, potentially causing a serious injury.

So far, the federal consumer agency has received nine reports of the foot plate detaching from the machine and one which injured a consumer’s knee. Certainly falling off an elliptical at any speed can result in serious head injury or spinal cord damage.

The Elliptical Trainer is sold under the name Schwinn 460 and is made in China. They were sold in fitness equipment stores between July 2008 and May 2011 for about $1,000. Consumers are advised by the CPSC to stop using the machine and ask Nautilus for a free repair kit by calling (800) 259-9019. Consumers can also receive an extended warranty. Resellers may not sell recalled items on the secondary market.

While we all assume that any product on the market has been checked for safety by the manufacturer and distributor. Sadly, consumers often find this is not the case after they have experienced an accident and injury. If you are injured by a defective consumer product, you may be able to hold the manufacturer accountable in a product liability action against the manufacturer or designer of the item. The Jacksonville recalled product attorneys at Farah & Farah can help by calling (800) 533-3555.

Source:http://www.chicagotribune.com/business/breaking/chi-nautilus-recalls-10k-ellipticals-that-may-cause-falls-20111206,0,6292700.story; http://www.cpsc.gov/CPSCPUB/PREREL/prhtml12/12052.html

The federal agency that announces consumer recalls has put out an alert about a defective iPhone battery case that poses a fire hazard for consumers. The battery case is sold by Best Buy Co. of Richfield, Minnesota and about 31,000 of the cases are being recalled by the U.S. Consumer Product Safety Commission (CPSC) and 1,000 will be recalled by Health Canada. The battery case is called Rocketfish for the iPhone 3G/3GS and the model number is the RF-KL12 Mobile Battery Case. The number appears inside the product.

The battery case was sold from April 2010 through September 2011 for a cost of $10 to $60 and was made in China. Consumers are advised not to use the recalled product and to contact Best Buy at (800) 917-5737 for a $70 Best Buy gift card in the U.S. and $105 in Canada.

A recall is usually initiated after consumer injuries and so far, 14 reports of overheated battery cases have been made to the CPSC and the manufacturer, which led to minor burns to three consumers and four reports of property damage.

Product Liability

Consumers harmed by a defective product, ranging from a small battery case to a defective automobile, should contact an experienced defective product law firm. If you suffered injury, a product liability action may be filed against the manufacturer, designer, or anyone involved in the distribution or import of the product for selling a defective product that endangered the public. An injured consumer may be able to seek compensation for the costs associated with his or her injury, including lost income and pain and suffering. A product liability attorney in Florida at Farah & Farah is just a phone call away at (800) 533-3555.

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12048.html?tab=recalls

About 45,000 children’s shoes have been recalled by the U.S. Consumer Product Safety Commission (CPSC) because they pose a laceration hazard. The CPSC asks a company to voluntary recall a defective product when the federal agency receives consumer calls complaining of injuries. In this case, KEDS “Know It All” Girls’ Shoe by Collective Brands of Topeka, Kansas has agreed to the recall after it received and reported 27 incidents of cuts and scratches from metal stars attached to the heel of the shoe. The metal stars are like a grommet that feed the laces into the shoe.

The shoes were sold in girls sizes 5 to12 from June through October of this year for about $23. They were made in China. Parents should take the shoes away from children to avoid possible injury. Collective Brands will offer parents a $30 gift card which can be redeemed at Stride Rite stores, and consumers can contact Collective Brands at (800) 365-4933 between 8:00 a.m. and 10:00 p.m. ET with questions.

The manufacturer, distributor, and retailer are required by federal law to report to the CPSC within 24 hours of obtaining information reasonably supporting the conclusion that a product contains a defect which could present a hazard that could cause serious injury or death. A failure to report incidents in a timely manner can result in a civil penalty.

Product Liability

When a defective product injures a consumer, a product liability action can be filed. Whether the defect results from the manufacturing, the design, or from a failure to warn, the manufacturer, distributor, or retailer can be held liable for the costs associated with a consumer injury. The Florida product liability attorneys of Farah & Farah will advocate on your behalf if you or a loved one has been injured by a defective product. Please call (800) 670-1464 for a free consultation.

Source: http://www.prnewswire.com/news-releases/collective-brands-recalls-keds-girls-shoes-due-to-laceration-hazard-133974968.html; http://www.cpsc.gov/cpscpub/prerel/prhtml12/12045.html?tab=recalls

The U.S. Consumer Product Safety Commission (CPSC), along with Under Armour, Inc. of Baltimore, Maryland, is recalling about 541,000 Defender Chin Straps on football helmets. The problem is that the chin strap can lacerate a player under his chin on his neck because the strap’s edges are sharp. That can also happen when the metal snap with teeth-like ridges hits another player.

So far, the CPSC has received six reports of injuries that led to stitches for the injured players. The chin straps were sold from January 2008 to September 2011 for about $20. They were made in China and imported by a company out of Redondo Beach, California.

A consumer has a few options. First, they should stop using the recalled product, and if they contact Under Armour and they will send a free replacement. Their toll free number is (888) 823-0343 Monday through Friday between 9 a.m. and 5 p.m. EST. You can also visit the website: www.underarmour.com. There is a picture of the product in question on the CPSC website under the recall notice.

Product Liability

If a consumer is injured by a product that is defective in its manufacture, its design or fails to adequately warn the public about the safety hazards, that consumer may be able to file a product liability lawsuit to be compensated for the cost of their injuries. A defective product lawsuit sends a clear message to a manufacturer that it is not acceptable to put any consumer product that does harm into the marketplace.

A defective product lawsuit can help improve the safety of all products. If you have any further questions about defective products, we will be glad to answer them in a complimentary consultation if you call the product liability attorneys in Florida at Farah & Farah at (800) 533-3555.

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12035.html?tab=recalls

If you are planning to use a firepot as part of your weekend holiday decorations, the U.S. Consumer Product Safety Commission (CPSC) wants to warn you about the potential for hazards. Nine companies are recalling about two million bottles of gel fuel used in firepots after several dozen people were burned. A hazard is present when the user can’t see whether or not the fire is out. Another problem is that unlike using water to put out a fire, gel does not respond to a dousing with water to extinguish the flame. The alcohol-based gels can be put out with a dry powder extinguisher.

The Los Angeles Times names the companies that have agreed to the recall as: Bird Brain Inc. of Ypsilanti, Mich.; Bond Manufacturing of Antioch, Calif.; Sunjel Company of Milwaukee; Fuel Barons Inc. of Lake Tahoe, Nev.; Lamplight Farms Inc. of Menomonee Falls, Wis.; Luminosities Inc. of St. Paul, Minn.; Pacific Decor Ltd. of Woodinville, Wash.; Real Flame of Racine, Wis.; Smart Solar USA of Oldsmar, Fla.

Another company, the Marshall Group of Elkhart, Ind., was not included in the voluntary recall even though it makes gel fuel as well.

Consumers are urged to refrain from using the pourable gel fuel and to contact the manufacturer for a refund.

By the way, the Times reminds us that the old “stop, drop, and roll” approach to putting out a fire does not work with gel fuel. In June, the safety agency issued a flash fire hazard warning of gel fuels.

Source: http://www.latimes.com/business/la-fi-firepot-recall-20110901,0,7099727.story

Publix is recalling a batch of ice cream that may contain almonds, an allergen to many people, without proper labeling. The product code on the carton is Sep 12 2011 B7 PLT 12-444 and The Atlanta Journal-Constitution reports the package says Light Tiramisu Ice Cream but it has an Almond Fudge Light Ice Cream lid. An alert consumer noted that the lid did not match the packaging and notified Publix. Those with an allergy to nuts, and specifically almonds, run the risk of a life-threatening reaction if they consume the mislabeled ice cream. The product was distributed throughout Publix stores in Alabama, Georgia, Florida, South Carolina, and Tennessee. Consumers can return the ice cream to the place of purchase and receive a refund or call Publix at 1-800-242-1227 for more information.

Fortunately, Publix reports that there have been no severe reactions from this case of mislabeled ice cream, but it is important that ingredients be properly labeled to alert consumers who may have food allergies.

Nuts are pervasive in foods, added as thickening agents in everything from soups to pasta sauce. In a 2003 report from the Food Allergy and Anaphylaxis Network, the number of children with peanut allergies had doubled in the five years preceding the report, and the majority of children had experienced a severe reaction.

In the case of injury or illness from a mislabeled or defective product, the Florida product liability attorneys at Farah & Farah can investigate a defective product to determine if the at-fault party can be held liable for your injuries and medical expenses. Sometimes that is the only way to get the attention of the manufacturer, packager, and distributor is to bring a defective product action against them.

Toshiba America, the Consumer Product Safety Commission, and Health Canada on Thursday, September 8, announced the voluntary recall of 41,000 defective T series notebook computers. The computers have a problem with overheating at the plug-in to the AC adapter. Toshiba has had taken calls from 129 unhappy computer customers who have reported burn hazards with the computers overheating and deforming the plastic casing. In at least two cases there had been additional property damage from the overheating computer.

Consumers should stop using the computers. It is also illegal to resell a computer that has been recalled according to a Sept. 2 CPSC press release.

The recalled models to look for are the Toshiba Satellite T135, Satellite T135D and Satellite Pro T130 notebook computer models. Look for the model and numbers printed on the bottom of the computer. Or you can look to see if your model is involved in the laptop by visiting: laptops.toshiba.com/about/consumer-notices. Download latest BIOS software to determine if your laptop has been overheating. Toshiba is also available at 800-457-7777.

The computers were made in China but distributed worldwide. They were sold from August 2009 to August 2010 for between $600 and $800.

Product Liability
You can receive compensation when you are harmed by a defective product that was represented to be in good working order. Even if you have used the product in a way it was not intended, the manufacturer should anticipate any unforeseen product use and may still be held liable. A Florida product liability attorney will be able to determine the extent of liability.

Since many products are made outside of the U.S., a defect may have occurred in the manufacturing process overseas. However, if the corporation making the profit is selling the product in the U.S., it is subject to domestic laws regarding product liability.

Consumers who rely on the over-the-counter (OTC) pain formula of Tylenol may want to make another choice.

Johnson & Johnson announced yet another in a string of product recalls on Thursday, July 8, when the company recalled 21 more lots of Tylenol due to a musty or moldy odor, a Reuters story reports.

This is reportedly a follow-up to a January recall of 53 million bottles for the same problem. J&J, and its subsidiary, McNeil Healthcare, had received complaints from consumers about the smell last year which was eventually traced to a chemical, TBA, found in the wooden pallets that ship and store the packaging for Tylenol and other pain medications. The problematic manufacturing plant is in Las Piedras, Puerto Rico.

One has to wonder about quality control throughout J&J. This is the fifth recent recall for McNeil, the FDA is investigating, as is a congressional committee. Just this year, the McNeil factory, located in Ft. Washington, Pennsylvania, was closed following an FDA investigation that found a hole in the ceiling, filthy conditions, and bacterial contamination in formulations for children.

Back in November, 2008, the problems began for J&J with a recall of 12,000 bottles of Mylicon OTC infant anti-gas formula for potential metal fragments in some bottles.

Since then recalls have included:

• September 2009- some infant and children’s Tylenol recalled for possible bacterial contamination
• November 2009 – Tylenol Arthritis recalled for mildew odor linked to stomach pain, vomiting, and diarrhea
• December 2009 – Expansion of Tylenol Arthritis cap recall for odor problem
• January 2010 – 53 million bottles of Tylenol, Motrin and Rolaids, Benadryl, and St. Joseph’s Aspirin recalled for musty odors
• April 2010 – Children and infant pain reliever recall including Tylenol, Motrin, Zyrtec and Benadryl
• June 2010 – Benadryl, Tylenol gels recalled due to musty odor

Jacksonville pharmaceutical litigation lawyers are concerned with the recent spate of Tylenol recalls. Please be sure that any of the above recalled products are properly disposed of and not used.

They are the glass water bottles made by Starbucks and sold in their coffee shops. So far about 11,000 bottles have been recalled in the U.S. and another 1,200 in Canada because the bottles can shatter when the stopper is removed.

Starbucks claims it has received 10 reports of shattering bottles, leaving consumers with hand injuries. The problem is with the 20-ounce water bottles with the SKU number of 11003503. They were sold at Starbucks and at Target Stores and Safeway, from January 11, 2010 to January 25, 2010. The bottles were made in Taiwan.

Starbucks has a number for consumers to call (877) 492-6333 and their Web site is www.starbucks.com.

Consumers are advised to stop using the dangerous water bottles and return them to the nearest store for a full refund. The company will also offer you a free beverage of any size to compensate you for returning the recalled bottle. #