Articles Posted in defective products

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The New York Attorney General, Eric T. Schneiderman, recently announced that his office sent cease and desist letters to four major retailers, GNC, Target, Walmart, and Walgreens, for allegedly selling store brand herbal supplements that either did not contain the labeled substance, or contained ingredients that were not listed on the labels. The cease and desist letters demanded that the giant retailers to immediately stop selling the popular herbal products, including Echinacea, Ginseng, St. John’s Wort, and others.

The New York AG’s office also demanded that the retailers provide detailed information about the production, processing and testing of the herbal supplements, as well as explain in detail their production quality control measures.

The factual basis for the AG’s action is DNA testing of the herbal supplements. The DNA test results show that only 21% of the store brand herbal supplements contained DNA from the plants listed on the products’ labels, whereas 79% of the products failed to contain any DNA related to the labeled content. Walmart was by far the worst offender of all of the major retailers with only 4% of the Walmart products actually containing DNA that matched the product label.

Attorney General Schneiderman said, “this investigation makes one thing abundantly clear: the old adage ‘buyer beware’ may be especially true for consumers of herbal supplements.” He went on to say that “the DNA test results seem to confirm long-standing questions about the herbal supplement industry. Mislabeling, contamination, and false advertising are illegal. They also pose unacceptable risks to New York families–especially those with allergies to hidden ingredients. At the end of the day, American corporations must step up to the plate and ensure that their customers are getting what they pay for, especially when it involves promises of good health.”

If this is happening in New York, then it is most likely also happening everywhere else these products are sold nationwide. This creates some very serious liability for the giant retailers. It also creates some very serious potential dangers for North Carolina consumers. Those with life-threatening allergies rely on retailers to make sure that the products they sell are safe and contain what is listed on the product label. Mislabeling is one of the primary causes of serious injury and/or death to those with life-threatening allergies. If one of these products contained traces of nuts or nut oils, then the product would be a source of danger and potential injury to any person with a nut allergy.

Davis Law Group is currently interviewing individuals in North Carolina who have bought and consumed these mislabeled products, as we believe that further testing is justified to see if local retailers are also selling mislabeled products. If we are able to confirm that fake herbal supplements are being sold in North Carolina, then Attorney General Roy Cooper’s Office needs to get involved and take action like that in New York.

Class action lawsuits are also another way to stop bad corporate behavior. Although class action lawsuits have been curtailed by recent Supreme Court rulings, they are still viable in certain types of cases. If you have bought and/or consumed any of the herbal supplements from these giant retailers, feel free to contact the team at Davis Law Group for further information.

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dresser.jpgYoung children love to climb. They can climb onto anything, including tables, bookcases, chest of drawers, TV stands, and open oven doors. They can climb quickly, when you turn your back, when you run to the bathroom, when you put them in their room for a nap.

The Consumer Product Safety Commission reports that at least one child dies every 2 weeks as a result of suffocating while trapped under a piece of furniture that has turned over on to them. In addition, CPSC staff estimates that more than 22,000 children 8 years old and younger were treated for injuries at local hospital emergency rooms for injuries resulting from tip-over incidents between 2008 to 2010.These are tragic and unnecessary deaths. Parents understandably feel responsible and guilty after something like this happens. But how is a parent supposed to know about this danger?

The reality is that most parents do not know about the potential danger posed by these innocuous pieces of furniture, but the manufacturers of these products know only too well about the lurking dangers. Children have been dying and parents have been suing these manufacturers for this very problem for over a decade.To sell these products without the necessary safety equipment to make them safe for children is incredibly callous and unconscionable because these manufacturers know that if it is not “if” these tragedies are going to happen, but “when” and “how often.”


This week, Bexco Enterprises Inc., dba Million Dollar Baby of Montebello, Calif. is announcing a voluntary recall of 18,000 children’s four-drawer dressers. The CPSC and Million Dollar Baby have received two reports of deaths associated with these dressers. One child’s parents filed a lawsuit in California as a result of their child’s death. That case recently settled, and it is suspected that the voluntary recall is one of the terms of the settlement.

This dresser recall involves “Emily” style four-drawer dressers with model numbers M4712, M4722, M4732 and M4742 and similar “Ryan” dressers with the model M4733. The recalled dresser measures 33-inches high by 20-inches deep by 40-inches wide and is a part of the DaVinci children’s bedroom furniture collection.

The recalled dressers were sold at JCPenney and independent juvenile specialty stores nationwide and online at,, and other online retailers from January 2006 through June 2010 for around $300.

While the Million Dollar Baby dressers met voluntary safety standards when first produced, a May 2009 voluntary industry standard, and subsequent revisions published in October 2009 and November 2009, required that tip-over restraints be sold with the dressers. The restraints attach to the wall with screws, framing or other support to help prevent dresser tip-over entrapment hazards for small kids. Million Dollar Baby is offering free retrofit kits with tip-over restraints to consumers who have older dressers.

Consumers can contact Million Dollar Baby to receive a free retrofit kit that contains a wall anchor strap, which attaches to the dresser and wall to help prevent the dresser from tipping. The kits can be ordered by visiting the firm’s website at and click on Safety HQ or call toll-free at (888) 673-6652 between 8:30 a.m. and 5 p.m. PT Monday through Friday.

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Magnet Balls are a very popular desktop toy on the market right now. The small 5mm diameter balls are extremely strong for their size and can be molded into any shape imaginable. The magnets are made of the rare earth neodynium and are at least 15 times more powerful than normal magnets.

These little balls stick together with such force that, if they are accidentally swallowed, they can cut holes in the stomach or intestines. Life-threatening injuries like perforations, sepsis and blockages can occur within hours following ingestion. They are manufactured by several different companies and marketed in slim plastic tubes filled with 216 shiny magnetic balls. So who in the world would ever put them in their mouth and swallow them? Young kids and teenagers apparently.

A recent study says that hundreds of children and teens have been treated by physicians, with dozens needing surgery for injuries, in just the past two years after swallowing the super-strong magnetic balls, despite bold labels and warnings to keep them away from children.

The U.S. consumer product watchdog, CPSC, recalled the magnet toys. The balls are sold under brand names such as Buckyballs, Zen Magnets, and NeoCube, which was the first of these toys to hit the market in 2008. While most manufacturers and importers say they will comply with the CPSC recall, two are fighting the recall. The CPSC has sued these manufacturers to force them to stop selling the dangerous product.

The latest study is based on reports compiled by the North American Society for Pediatric Gastroenterology, Hepatology and Nutrition. That study found a total of 480 cases in which children or teens swallowed the tiny magnets, with 204 incidents occurring in just the past 12 months. Approximately 80 percent of those incidents required endoscopy or surgery.

More than 50 percent of the cases involved children six years old or younger; 16 percent involved teenagers, who use the magnets to mimic tongue, lip, and nose piercings. Teenagers are putting one magnet under their tongue and one magnet on the top of their tongue to make it appear like a piercing.

If you have some of these magnets and you also have young kids or teenagers, you should either make sure that the balls are safe and secure, or simply trash them. If you want your money back, you can return them to the seller for a full refund under the recall.
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More and more generic drugs are turning out to be COUNTERFEIT! A counterfeit drug is one that is marketed and sold as the real drug, but in actuality it is missing one or more of the key active ingredients. Taking such drugs can be dangerous and hazardous to your health. Headlines have recently discussed the popular flu remedy Tamiflu as having a counterfeit on the market.

Yesterday, the FDA announced that it had identified another counterfeit cancer drug. The drug is a generic counterfeit version of the cancer drug Avastin. This is the third case involving the best-selling Roche drug in the past year. The FDA is notifying and warning doctors about this latest counterfeit.

Most of these counterfeit drugs are found on-line at discount pharmacies. The on-line pharmacies that are selling counterfeit drugs have websites that look professional and authentic. But, as the old saying goes, if it looks too good to be true, it probably is! So, beware consumers, if the price of the drug is unbelievably low, it is probably a fake. Buyers of on-line drugs must be careful that they are dealing with reputable pharmacies.
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trampoline.jpgIf you bought a trampoline for your kids between 2005 and 2012, you should pay attention. The Consumer Product Safety Commission (CPSC) in conjunction with Sportspower Ltd, of Hong Kong issued a voluntary recall of the firm’s best selling trampoline. More than 24,000 defective trampolines were sold at Sports Authority stores throughout the US during the last 7 years. The trampolines sold for approximately $600.00. What is not surprising is that these dangerous trampolines were made in China.

The hazard presented by these defective products is that the folding legs on which the trampoline sits can move out of position and cut through to the jumping area, creating a risk of severe injury or death, including deep, penetrating puncture wounds, cuts and bruises to children and adults bouncing on the trampoline.

The trampoline being recalled is the Parkside model TR-14FT-COM. The trampolines were sold with an enclosure net and are 14 feet in diameter.

If you purchased one of these trampolines, you should stop using it immediately and contact the manufacturer toll-free at (888) 965-0565, from 9 to 5 Eastern Standard Time, Monday through Friday, or online at, or you can email for more information.
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epidural injections.jpgA pharmaceutical company, New England Compounding Center of Massachusetts, has sold and delivered a tainted batch of steriod injections to doctors’ offices across the US. The injections are tained with a deadly strain of meningitis. The tainted injections have been blamed for at least 14 deaths thus far.

To date, almost 14,000 people have been given the bad medicine. Most of the people who have received the injections were given the medicine as a form of pain treatment for chronic back problems.

A Minnesota woman filed the first lawsuit last week in a federal court. She told the media that said she has experienced a high fever and nausea after getting an injection, and that she is anxiously awaiting test results.
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monster injury drink.jpgFive death reports have been reported to the FDA alleging a direct link to consuming Monster Energy drink. The number of emergency room visits as a result of drinking an energy drink has dramatically risen 10 fold in the last 4 years. The FDA is finally investigating the alleged link.

The FDA does not regulate the amount of caffeine in energy drinks, which can be marketed as dietary supplements. Very high amounts of caffeine can cause dangerous irregular heart rhythms and can even be fatal for those with undiagnosed heart conditions. Perhaps a warning label would help.

Teenager Anais Fournier was at home watching a movie when she went into cardiac arrest last December. Unconscious, Anais was rushed to the hospital. In an effort to save her life, doctors put Anais in an induced coma to reduce the brain swelling. Six days later she was removed from life support. The cause of death was caffeine toxicity according her doctors, the autopsy and death certificate.
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Coppertone.jpgThe owner of Coppertone suntan products, pharmaceutical giant Merck, agreed to pay between $3 Million and $10 Million to settle a decade old class action. The lawsuit claimed that the company made false statements about the benefits of using its products. Many people felt that they had been misled by the company’s claims that its suntan products provided “all day protection”, that they were “waterproof”, or “sweat proof.”

Merck denied any wrongdoing as a result of the settlement, and they denied that anyone was injured as a result of their conduct. As with many big class action cases, the consumers are the one that really appear to be getting burned. Each consumer that joined the claim will be receiving a check from Merck for approximately $1.50.

Interestingly, Merck agreed that all of its suntan products manufactured after June 22, 2012 will not include the language “all day protection,” waterproof,” or “sweat proof.” So, you may be seeing Coppertone labels next summer like, “Use Coppertone because it smells the best!” or “Buy Coppertone – We guarantee you’ll get some sun!”
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GM SUV fire.jpegDefective door lock and window switches in more than 258,000 SUVs have led General Motors and Isuzu to recall the vehicles due to a fire hazard. The recall includes Chevrolet Trailblazer, GMC Envoy, Buick Rainier, Isuzu Ascender and Saab 97-X SUVs from the 2006 and 2007 model years.

The National Highway Traffic Safety Administration (NHTSA) reported that water may enter the driver’s door and cause corrosion that could result in a short in the circuit board. The short may cause overheating, which can melt wires and switches, producing a foul odor, smoke, or a fire.
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cigarettes1.jpgThe Florida Supreme Court has just declined to review a lower court’s decision upholding a $3.3 million compensatory damages verdict and a $25 million punitive damages verdict for the widow of a smoker. The case name was Martin v. R.J. Reynolds Tobacco Co.

The effect of the Florida Supreme Court’s decision to not review the case is that the lower court decision stands as the final decision in the case. By declining to review the lower court’s decision, the Supreme Court has basically said, “We think you got it right.” RJR Tobacco is shocked and probably livid about the decision. For months, RJR has asserted that they fully expected the decision to be overturned on appeal.

The American Association for Justice reported that one of the lawyers for Ms. Martin said, “by leaving that ruling intact, the supreme court paved the way for juries to continue to consider all the evidence regarding the fraud and deceit of the cigarette industry and the tragic toll it’s taken on American families.”
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