Discussion

Discuss the following:

  • The legal duty of manufacturers is to provide for safe products in the marketplace today.  Research using the legal database below and provide a caselaw example within the last three years of a defective product liability case or case in litigation today pursuant to product liability defect. Be sure to explain the law in regards to design defect, manufacturing defect or failure to warn cause of action and define and explain these terms and your case in full.
  • The power of advertising influences consumer decisions about products today.  Explain the contract product liability warranty theories per the text reading and research a case example that is unfair and deceptive and violates the law as to one or more of these theories.  See Section 13-2: Advertising as a Contract Basis for Product Liability in the chapter reading.   
  • Legal research database from the Online Library Search page at https://research.strayer.edu, or through this direct link: https://libdatab.strayer.edu/login?url=https://www.nexisuni.com
  • Please substantiate your answers and provide your research sources following SWS requirements. Only scholarly and credible sources are allowed. 

this is additional information

Our focus this week is on liability for defective products AND deceptive advertising in violation of warranty protections per a product liability cause of action.  Remember that product liability law protects from deception per advertising by way of breach of warranties AND for a defective product per design defect, manufacturing defect or a failure to warn defect in the marketplace.

For deception per advertising, one of the cases in the chapter reading is about when Listerine marketed itself as preventing colds. In actuality, it did not help to prevent colds and the Federal Trade Commission ordered it to stop marketing itself that way to the public. Why? Because consumers were buying it because they believed it would prevent colds and anytime you try to fool consumers into buying your product using false and misleading advertising – you have committed a violation of an EXPRESSED warranty to the public.  We can also have an advertisement that is deceptive per an implied warranty.  Be sure to explain these in your answers.

The Federal Trade Commission (FTC) is tasked with preventing “unfair and deceptive trade practices.” It regulates whenever the public is being deceived, regardless of any effects on competition. The FTC considers:

  • Content and accuracy of an advertisement
  • Performance claims of an advertisement
  • Celebrity endorsements
  • Bait and Switch tactics
  • Product comparisons

Be sure to use the legal research database for your caselaw examples.  If you have trouble finding a case, you can also use the FTC website below that provides for up-to-date actions.  See here: https://www.ftc.gov/enforcement/cases-proceedings. Be sure your case example is recent and provide for the sources you use.   Also, please try to follow the format of my case law examples.  This way, you meet all the requirements for a substantive and informed answer.