New product liability laws possible in 2014

Wednesday, January 29, 2014

New product liability laws possible in 2014

Written by Malman Law, reviewed by Steve J. Malman.

New laws are put into action with the start of every calendar year, but what about the laws that aren’t decided by January 1? Many product liability laws are currently in legislation and could be put into action later this year. Here are a few regulations that may be passed nationally and for Illinois product liability law.

Regulation of e-cigarettes

E-cigarettes are still largely new in usage and popularity, so governmental regulations have not been put in place for them yet. However, 2014 may be the year all that changes.

The FDA has released a proposal for regulation on electronic cigarettes, cigars and pipe tobacco. Some states and cities have already placed their own regulations, but if the FDA’s proposal is approved, e-cigarette manufacturers could be negatively affected. The FDA may require  manufacturers to implement testing requirements and to register and receive agency approval. If any e-cigarette company fails to meet these requirements, they could be held liable.

Generic drug labeling

New legislation may make generic drug makers more responsible for any resulting injuries to users. Generic drug makers used to have more protection—a 2011 Supreme Court Case ruled that since a generic drug’s label had to be the same as a brand-name one, there would be no case for those who consumed a generic drug and had adverse effects not mentioned on the label for its brand-name counterpart. Now, though, the FDA has proposed that generic drug makers create their own labels, which, as a result, could make them more liable to users if they fail to accurately warn them of the side effects. If this FDA measure is approved, generic drug companies could file a suit against the rule.

How can you protect yourself?

Stay informed on what product liability law means, especially for Illinois product liability law.  For example, with new FDA regulations for e-cigarettes, each state may alter their regulations, too. Contact an Illinois product liability lawyer if you feel like you need to be informed, or suspect that you’ve been victimized by neglige

nce on the part of a product manufacturer.

If you are a generic drug buyer, carefully scan the label to make sure nothing is missing and that it resembles the original label. If generic drug companies are not required to warn you the same way brand name drug companies are, you could be more at risk. Stay aware and informed on any new generic drug you may be purchasing. If you ever are concerned that the drug you purchased is unsafe or does not provide a proper warning, an Illinois product liability lawyer may be able to help you.