Common Law - The FindLaw Consumer Protection Law Blog

May 2016 Archives

Millions of Tommee Tippee Sippy Cups Recalled for Mold in Valve

Parents are very protective of their children, or so they like to believe. But every so often there is a discovery that something created to keep kids healthy and safe is harming them or making them sick. The latest culprit is the sippy cup.

Mayborn USA this week announced a recall of millions of Tommee Tippee Sippy Cups because mold gets trapped in the sip valve and causes gastrointestinal and other issues for small children, according to the Daily Mail. The company made the move months after a father whose son was repeatedly falling ill pried open the mouthpiece on his son's sippy cup, discovered a bunch of gunk, photographed the mold, and posted the images on Facebook.

Ladies Beware: Authorities Alarmed by Pelvic Mesh Dangers

It’s not easy to be a lady, especially when your pelvic organs are shifting or when sudden movement makes you pee unexpectedly. But these things happen after childbirth, hysterectomies, and menopause, and are quite common.

To deal with pelvic organ prolapse and stress urinary incontinence, health care device manufacturer Johnson and Johnson created a vaginal mesh that surgeons essentially sew into a hammock on the pelvis floor. But the devices have reportedly been found to cause terrible consequences and state and federal agencies are alarmed.

Are Cell Phones Likely to Ignite at Gas Pumps?

The Federal Communications Commission has issued a warning to cell phone users ... but it's based on rumors. The agency said that it has received alerts and heard accounts circulating of cell phone batteries sparking and starting fires at gas stations.

There are no confirmed reports, and the agency warns that the possibility of a phone actually catching on fire at a gas station is very remote. The FCC believes that the rumors about the fires are based on warnings posted at gas stations and on text in phone user manuals.

Feds Blame Oil Company Negligence for Toxic Spill in California

A year ago this week,Plains All American Pipeline spilled more than 120,000 gallons of oil on the California coastline, killing wildlife and causing environmental damage. On the one-year anniversary of the spill, May 19, federal regulators released a report holding the oil company responsible for the devastation.

The findings were released just two days after the company was indicted on 46 criminal counts in Santa Barbara County Court, reports ABC News. With the evidence of its negligence and possible criminality piling up, Plains All American Pipeline is no doubt preparing for a slew of additional lawsuits related to the oil spill.

Is It Illegal to Return Prescription Drugs?

When a pharmacist prepares a prescription, it is intended for a particular person to treat a specific issue and can't just be given to anyone. This begs the question then, can you return a prescription medication?

The answer is simple on the one hand: yes, if the pharmacy policy allows it. In fact, however, the notion of pharmaceutical returns and reuse is complex and dictated by state and federal regulations. Let's consider what is at stake.

Can I Return a Swimsuit?

In the dead of winter you bought a swimsuit imagining a new you by summer. Now the hot season is nearly here but you're still not ready. You want to return the swimsuit. Can you?

Returns are a cornerstone of American commerce -- they make us confident consumers. We commit without committing by buying while reserving the right to return, and everyone wins, buyer and seller alike. But there are exceptions -- some things you buy cannot be exchanged or returned. Let's look at shopping law, keeping in mind that each state has its own legislation.

5 Reasons to Sue a Used Car Dealer

If you buy a used car and are unhappy with it, you do have some legal recourse. But there are a few factors that will impact what exactly you can do, who to sue, and whether you would want to pursue legal action.

State laws vary, which means that warranties and dealer obligations will differ according to where you purchase your used car. The nature of the seller can matter, too, whether you're buying from a dealership or an individual. Specifics make a huge difference in any legal matter, so no claim can be assessed meaningfully without details. Still, let's take a look at general situations when suing a used car dealer might make sense.

Can I Sue for Injury Due to an Allergic Reaction?

This is not a safe world, especially if you are allergic to things in it. You can't always find someone to blame for your pain. But sometimes you can do exactly that -- if another person or entity acted negligently then you can certainly sue from an injury associated with an allergy to a product. Just as in any other negligence claim, you will have to prove all of the elements, and an allergic reaction alone won't suffice. Let's look at allergic reactions and negligence.