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Articles Posted in Product Liability

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urban-6712756_640-e1757035392842A new danger has emerged in vape shops and at gas stations and corner stores. Health officials warn that a concentrated kratom byproduct called 7-OH is being produced and marketed in ways that appeal to kids, and can be bought easily, even though it is believed to have effects and impacts similar to those of opioids. The 7-OH products are available to consumers in a range of forms and packages such as candy, fruit-flavored gummies, ice cream cones, drink mixes and shots, and tablets. Officials worry these products may represent the next stage of the opioid crisis. The FDA has  taken steps to get 7-OH restricted. If you or your child was harmed by 7-OH, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in product liability lawsuits around the country with which we’ve been involved.

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On July 29, the United States Department of Health and Human Services (HHS) let consumers know that the U.S. Food and Drug Administration (FDA) is taking steps to try to stop the availability of 7-OH. There’s been a recommendation to restrict some of the products that contain 7-OH under the Controlled Substances Act, for instance. Further, the FDA has provided consumers with educational materials, health care providers with a letter, and a scientific assessment that indicates people can develop opioid addiction when they use 7-OH products repeatedly or over a long time. The FDA has also sent warning letters to various businesses for illegal marketing of products containing the addictive substance.

7-OH, which appeared in products starting around 2023, is also referred to as 7-hydroxymitragynine, 7-hydroxy, 7-OHMG, 7-HMG, and 7. It is one of two psychoactive components that occurs naturally in kratom, which is a plant whose leaves were sold for medicinal and recreational purposes throughout the 2000s. There are only small quantities of 7-OH in kratom, but the products that are sold in cape shops have significant quantities of 7-OH; it’s believed that synthetic steps are taken to change another psychoactive component of kratom, one that exists in greater quantities, into 7-OH.

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male-7090164_1280-e1756575641203According to a recent wrongful death lawsuit against OpenAI and its CEO Sam Altman, a sixteen-year-old, Adam Raine, died by suicide in April after talking about suicide to ChatGPT for months. His parents, who have brought the lawsuit allege that ChatGPT coached him on how to commit suicide and that Open AI knowingly put profit over the safety of users when it launched GPT-4o version of its AI chatbot last year. Open AI has said it will change the safeguards on ChatGPT for vulnerable people, particularly putting into place additional protections for young people under age 17. If your loved one was harmed or died as a result of OpenAI’s ChatGPT or another AI chatbot, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in product liability litigation with which we’ve been involved.

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Wrongful death lawsuits are civil actions filed by surviving family members of the decedent for the purpose of holding a responsible party accountable for the decedent’s death. It can be brought when the party is responsible due to negligent, reckless or intentional acts, with the goal of recovering compensation for losses arising from the death, such as medical and funeral expenses.

Adam Raine’s parents’ lawsuit says that OpenAI knew that the bot had an emotional attachment component that could cause harm, but that the company was more concerned about dominating the AI market than making sure its product was safe. When GPT-4 came on the market last year, its valuation went from $86 billion to $300 billion. OpenAI has claimed that ChatGPT has safeguards like giving out crisis hotline numbers and sending users to other real-world resources; in a more recent statement, it acknowledged that parts of the model’s safety training can degrade over long-term interactions.

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job-5382501_1280-e1754760475318The Trump Administration has proposed elimination of the Consumer Product Safety Commission (CPSC), a bipartisan independent agency created by Congress that handles numerous product safety questions. An elimination of the agency would take crucial data-driven safety rules that protect people around the country from dangerous and defective products and immediately leave those rules vulnerable to political aims. The CPSC’s own 2026 budget request to Congress was the vehicle for the proposal of both agency elimination and an alarming reduction in consumer safety funding and staffing. This budget request, as well as an earlier leak of Administration documents that revealed a plan to get rid of the CPSC, have been strongly condemned by the Consumer Federation of America and other groups. There is still recourse if you or a loved one was injured by a defective or dangerous product. You should consult the seasoned product liability lawyers of Moll Law Group to determine whether you have a viable claim. Billions have been recovered in lawsuits with which we’ve been involved.

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The CPSC budget request proposes that CPSC functions be transferred to the Department of Health and Human Services (HHS). Meanwhile, the HHS is also experiencing a dramatic reduction in both funding and workforce. There have been layoffs, grant cancellations, and disruptions to public health programs around the country. In its criticism of the budget request for elimination, the Consumer Federation stated that it was fantastical to think that a new assistant secretary position could effectively utilize HHS administrative and support functions in the face of HHS’s huge budget cuts. The budget request, it says, will impair the ability to discover, respond to, and ultimately stop dangerous products from entering homes.

There are also 121 consumer advocacy groups that have called on Congress to reject the plan to collapse CPSC into HHS on the grounds that moving the agency could delay and weaken oversight, including the taking of important safety actions around dangerous products. The groups have asked Congress to maintain CPSC’s independence in the interests of household safety, and they’ve also asked Congress to fully fund the original fiscal year 2026 budget request from CPSC rather than follow the transfer plan. With the funds from the original budget request, the CPSC could conduct detailed investigations of emerging dangers, inform the public more clearly about safety problems, modernize its outdated technologies, stop dangerous items at ports of entry, and improve enforcement of product safety laws.

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baby-7213274_640-e1754760040240Tegu’s Magnetic Floating Stackers are children’s wooden toys that have a base, six pieces of different colors that stack, two posts, and two figures. All of these connect with magnets. Recently, Tegu recalled the Magnetic Floating Stackers toys due to the risk that a child would ingest the magnet, risk of serious injury or death, and a violation of the mandatory standard for toy magnets. If your child was harmed after ingesting magnets from the Teju magnetic floating stackers, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Call Moll Law Group About Your Magnetic Floating Stackers Claim

The Tegu Magnetic Floating Stackers were recalled on July 31, 2025—the recall affects 25,850 units in the country. The reason that the toys violate the mandatory standard for this type of toy is because the high-powered magnets in them can get loose and break free from the toy, presenting a danger to children. The consumed magnets may attract each other within a child’s digestive system. The result may be twisting, blockage of the intestine, perforations, blood poisoning, and even death. So far, there have been 31 reports to Tegu of magnets detaching from the toy stacker.

The affected model numbers are STA-BGY-801T (Rainbow) and STA-BTP-806T (Big Top). These were sold for around $40 at toy, children’s stores, and specialty stores around the country, and also on Tegu.com and Amazon.com from August 2018-April 2025). Consumers have been asked to take the product from children and reach out to the manufacturer for instructions to receive a free replacement stacker toy. However, if your child was injured or killed due to ingesting magnets, you should keep any remaining pieces in case they’re needed as evidence.

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hospice-4135835_640-e1752357257868In May of this year, the manufacturer Medtronic voluntarily recalled Newport HT70 and HT70 Plus ventilators, along with specific service parts related to those models. Consumers were asked to remove these devices from use and substitute an alternative ventilator for patients. In June, the FDA designated the voluntary recall as a Class I recall—the most serious type of recall as it means the product has a reasonable possibility of causing severe medical problems or death. If you were injured or a loved one died due to Newport ventilators, you should call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases across the country with which we’ve been involved.

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Ventilators, as their name indicates, provide a patient with ventilation, helping him or her to breathe by themselves. When a patient can’t breathe on their own, the result may be lowered oxygen levels and heightened carbon dioxide in the patient’s body, which in turn can result in brain injury or death. One family of recalled ventilators, HT70, is meant to be used at home to provide continuous or intermittent positive pressure mechanical ventilatory support for people that need mechanical ventilation. They are also used in cases involving infant or pediatric patients in subacute care, a hospital, an emergency department, and for emergency response situations, specifically because this population is at heightened risk of death or injury due to unpredictable ventilator failures.

The company has advised that certain of its ventilators no longer be used in clinics. Customer complaints led to Medtronic finding two distinct capacitators that could and cause the ventilator to shut down while it was being used or the shutdown alert alarm not sounding properly. When a ventilator experiences one of these failures and adequate ventilation isn’t provided, the person using the ventilator might not be able to breathe by themselves.

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tomatoes-769999_640Two brands of tomatoes from Williams Farms Repack, LLC were recalled in May in 14 states because of the risk of salmonella contamination. A little over a month ago, the recall was elevated to a Class I recall—meaning that the tomatoes carry a deadly risk. The affected tomatoes include 3 count packages, 10-pound boxes, 25-pound boxes and 60-count 2-layer boxes. One set of recalled tomatoes were four-count Vine Ripe tomatoes sold by Gordon Food Service Stores in 11 states, which included Illinois. Salmonella contamination can affect many different kinds of food, and it’s important not to consume food recalled due to salmonella, particularly food subject to a Class I recall. If you suffered salmonella or a lost a loved one due to salmonella contracted from food, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved and represent clients around the country.

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Salmonella can range from mild to serious. Symptoms include abdominal pain, diarrhea, nausea, vomiting, and fever. When it’s serious—as when the tomatoes have been subject to a Class I recall—people who are infected by need to be hospitalized. The infection could cause arthritis, endocarditis, and arterial infections. Members of vulnerable groups, such as small children, frail elderly people, and others who are immune-suppressed or have a weakened immune system, may die. In this case, the FDA said that no illnesses had been reported from the tomatoes thus far, but recommended consumers toss out the tomatoes or return them if unopened. If you bought these tomatoes and froze them, they should not be consumed.

The tomatoes initially at issue were sold in plastic clamshells with “VINE RIPE TOMATOES” printed on the label. Labeling also includes the words “Packed by Ray & Mascari Inc.” They were distributed between April 23-28, 2025, the FDA explained in a separate notice. But the tomatoes subject to a Class I recall come in a range of sizes: 4×5 2 layer, 60ct 2layer, 3ct trays in the Williams Farms Repack label, and 5×6 25lb, 6×6 25lb H&C Farms Label.

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happens-770461_6401-e1750645915222When there are a number of different cases pending in various districts against common defendants and featuring common factual and legal issues, it may be appropriate for plaintiffs to seek to have the cases centralized in a single district. When cases are centralized in this way, pretrial proceedings and discovery can be streamlined. Centralization also prevents judges’ inconsistent rulings on various pretrial matters, particularly evidentiary challenges. Recently, the plaintiffs in 19 lawsuits moved to centralize the port catheter litigation in the Western District of Missouri. These are lawsuits brought against defendants AngioDynamics, Inc., Navilyst Medical Inc., and PFM Medical, Inc in connection with the port catheters they manufacture—these are medical devices used to obtain easy access to veins and administer long-term intravenous treatments like chemotherapy. Patients have reported serious injuries believed to be the result of the devices. Many product liability lawsuits have been filed against the manufacturers.

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The port catheter litigation involves 23 pending lawsuits in 16 districts. There are 33 possible tag-along actions. Defendants AngioDynamics, Inc. and Navilyst Medical Inc. opposed centralization in Missouri. Alternatively, they suggested centralizing the actions in the Northern District of New York, the Southern District of California, or the Middle District of Alabama. Likewise, defendant PFM Medical, Inc., opposed the plaintiffs’ motion and suggested centralization in the Southern District of California and didn’t object to centralization in the Northern District of New York.

The United States Judicial Panel found that the lawsuits involved common factual questions and that centralizing the matters in the Southern District of California would serve the parties’ and witness’ convenience and promote just and efficient conduct in the lawsuits.

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ground-meat-1747910_640-e1750627449467The United States Department of Agriculture’s Food Safety and Inspection Service (FSIS) recently issued a public health alert for one-pound vacuum packed packages of Organic Rancher 95% lean and 15% fat ground beef. These were products sold at Whole Foods Market that carry the risk of E. coli O157:H7 contamination and have a use or freeze-by dates of June 19 or June 20. If you were made sick by Organic Rancher ground beef, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group.

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The raw ground beef product was made on May 22, 2025, and May 23, 2025, by Organic Ranger. In Illinois and other states, the products were available from May 26 through June 3. The label on the vacuum-packed containers of raw ground beef has expiration dates of June 19, 2025, and June 20, 2025. Because the beef isn’t available in stores anymore, the FSIS issued a public alert rather than a recall. In addition to being shipped to Illinois, the ground beef was also shipped to Connecticut, Georgia, and Maryland, as well as Whole Foods Market retail locations around the country. The vacuum-packed packages were processed in Vermont and have an establishment number Est. 4027 inside the USDA mark of inspection.

The FSIS warned consumers to only consume ground beef cooked to an internal temperature of at least 160 degrees Fahrenheit.

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ai-generated-8685102_1280-e1749420343976Recently, on May 29, 2025, the Consumer Product Safety Commission (CPSC) recalled WeHwupe Adult Portable Bed Rails. The reason for the recall was that the bed rails deviate from federal regulations for this type of product; in that deviation, they present serious risks of entrapment and death by asphyxiation. If your loved one was injured by entrapment or died due to asphyxiation because of the recalled WeHwupe bed rails, you should call the seasoned Chicago-based lawyers of Moll Law Group.

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The WeHwupe branded adult portable bed rail, models BRX-8002 and BRX-8003, were recalled because when they’re attached to a bed, the person using the bed can get entrapped within the bed rail or between the side of the mattress and the bed rail. The bed rails also don’t carry the requisite warning labels. Around 94,800 bed rails made of white metal tubing with a gray foam rubber grip handle and including a fabric pouch were impacted. The WeHwupe company has gotten one report involving the BRX-8002 model bed rail. It broke while being used and caused the user to fall and get hurt.

Unfortunately, the bed rails themselves don’t carry the model number. Rather these are found only on the assembly instructions. The BRX-8002 is 22 inches wide and has an adjustable height between 1.8 – 21.5 inches. Meanwhile the BRX-8003 contains two support legs and has a height of between 20.2-22.6 inches and a width of 23.6 inches. Made in China, bed rails were sold online at Walmart.com and Amazon.com between September 2023-January 2025 for $33-$43.

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tomatoes-4434850_640-e1749419768849A tomato recall was announced in May in connection with possible salmonella contamination. It affects three states, and recently was upgraded to Class I recall, which is the highest recall designation for health dangers. It means that the FDA believes that there is a reasonable probability that the recalled product will cause serious harms to health or even death. The affected products are from Williams Farms Repack. If you suffered from illness due to recalled tomatoes, you should call the seasoned Chicago-based product liability attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

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Salmonella is a kind of bacteria that is one of the most common causes of fatal foodborne illness and should be taken seriously. The distributor Williams Farms Repack LLC initiated a tomato recall on May 2 after it was told by its supplier H&C Farms that their tomatoes carried the danger of salmonella contamination. Nine package sizes of tomatoes sold to wholesalers and distributors in South Carolina, North Carolina, and George between April 23, 2025 and April 28, 2025. These were affected tomato packages: XL 18-pound loose, lot code R4467; 60ct 18-pound loose, lot codes R4467, R4470; 4×5 two layer, Williams Farms Repack label, lot code R4467; 4×4 2 layer, lot code R4467; Combo 25 pound, lot code R4467; 6×6 25 pound, H&C Farms label, lot codes R4467, R4470; 5×6 25 pound, H&C Farms label, lot code R4467; 3 count trays, Williams Farms Repack label, lot code R4467; and 60 count two layer, Williams Farms Repack label, lot code R4467.

Around the same time, Ray & Mascari Inc. recalled tomatoes in 11 states. The latter received the FDA’s warning of a high hazard, a class I designation. When the recalls were announced, there had been no illnesses or deaths reported. The affected Ray & Mascari, Inc. tomatoes come in packs of four that are sold in plastic clamshell containers and labeled with “Vine Ripe Tomatoes You can identify the source of these affected tomatoes because the containers are also labeled with “Packed by Ray & Mascar, Inc.” Gordon Food Services Stores in 11 states sold the recalled tomatoes out of a cardboard box that includes 12 clamshell containers.

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