Articles Tagged with product liability

imgonline-com-ua-twotoone-pBIySkCoGqFPV-300x151Two major recalls of tree trimming devices were issued by the United State Consumer Protection Commission (“USCPC”) on December 9, 2020, affecting over half-a-million devices sold by Fiskars Brands, Inc. and Black and Decker, Inc. under its Craftsman brand. Both products are designed to allow the user to trim tree branches otherwise inaccessible without a ladder or lift.

The first recall involves approximately 467,000 Fiskars 16 foot Extendable Pole Saw/Pruners. The device consists of a telescoping pole that can be adjusted between 7’ and 16’ and a head with a pruner and a hooked wood saw. The pole is improperly designed such that it can separate while the device is being used. The saw blade and pruners can then call down on the user, potentially causes serious injuries. As of the date of the notice, multiple consumers reported lacerations requiring stitches from the device’s failure.

Pruner-300x88Fiskar’s product was available for purchase between December 2016 and September 2020 for $100 (Model No. 9463) or $65 (Model Nos. 9440 and 9441). They devices were widely available at home improvement and hardware stores, as well as online direct from the seller at fiskars.com. Consumers are directed to stop using the product immediately and contact Fiskars Brands. The company will provide instructions on disposal of the defective device and provide a new one free of charge.

Vaping-Cloud-300x225In December of 2018, Altria, manufacturer of Marlboro products and one of the largest tobacco companies in the world, made a risky play and took a 35% interest in the vaping company Juul Labs at a cost of $12.8 billion. Over its three years of existence, Juul had climbed its way to become the dominant e-cigarette company, claiming 75% of the quickly emerging market.

On October 31, 2019, Altria cut the book value of its investment by $4.5 billion amid growing concerns about the safety of vaping. Governmental agencies have initiated investigations into several areas, including rampant use of vaping products by teenagers, concerns about health risks unique to vaping, and a string of deaths that some are attributing to vaping products. Juul has also found itself defending against several lawsuits, which are likely the opening salvo in a barrage of similar suits.

One lawsuit is a claim of whistleblower retaliation. Siddharth Breja, Juul’s former vice president of global finance, alleged the company had shipped over one million contaminated mint e-liquid pods to retailers. Breja alleges executive management refused to issue a recall despite his urging.

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