Consumer Products Recalled

Posted On June 23rd, 2011 By CSSFIRM.COM

On FDA MedWatch, FDA recently notified the public of a recall from Phoenix Import & Distribution LLC.  Phoenix Import & Distribution LLC recalled Pentrexyl Forte Natural because the packaging may be misleading.  The packaging, which is believed to be misleading, may be confused with an antibiotic.

What is Pentrexyl Forte Natural (“PFN”)?

PFN is a dietary supplement and does not contain antibiotics.  It comes in a white and green box, and contains 30 red and white capsules.  It was sold through retail stores in Texas.

If ill patients use this supplement, it could delay treatment for serious illnesses.  FDA says consumers who have the product can return it to the store where they purchased it.  Patients and healthcare professionals are encouraged to report adverse side effects, events or product quality problems.

According to the U.S. Consumer Product Safety Commission, 33.1 million Americans are injured by consumer products each year.  There are three types of product liability lawsuits. The first is a product liability suit based on a design defect. A design defect occurs when there was a flaw with the design of the product. Even though the product was created as it was intended, it is inherently unsafe.  The next kind of product liability lawsuit is based on a manufacturing defect. This occurs when the product is produced or in the assembly process. It can involve a single unit or a batch of the product. Here, the consumer is not claiming that the product is inherently dangerous, but instead the consumer is claiming that something went wrong or was flawed in the manufacturing process to cause his/her injury.  The third type of product liability lawsuit has to do with the failure to warn. A manufacturer of a product has a duty to tell consumers when using this product in an intended or foreseeable way can be dangerous. A failure to warn occurs when the manufacturer failed to include adequate instructions to use the product or instructions about the known or foreseeable hazards that come along with the usage of this product. Even after the product is made and sold, the manufacturer, under Georgia law, has a duty to continue to warn of any dangers to the consumers.

Here are several examples of what leads to a products liability lawsuit:

1. Food or medicine contamination

2. Failure to fully test a product for safety

3. Use of poisonous or toxic materials

4. Failure to label a product properly or mislabeling a product

5. Unreasonably weak materials

6. Conveyor belts without safeguards

7. Defective air bags, seats, or seat belts

8. Industrial equipment failures

Contact Us

If you or someone you love has been injured as a result of using a defective product or have been injured as a result of ingesting a defective drug, please contact our office. Our knowledgeable attorneys understand the laws governing defective products. We will meet with you free of charge and help you determine what course of action is best for you.

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