Articles Posted in Product Liability

In Guttmann v. Nissin Foods (USA) Co., Inc., a California federal court dismissed a proposed class action lawsuit alleging that the defendant had engaged in false advertising regarding the safety of its noodle products, based on the presence of trans fat in the product. More specifically, the plaintiff indicated that he had assumed the defendant’s products were safe for consumption based on the product’s label, while also contending that he suffered economic damages as a result of being deprived of the benefits of the product that he thought he was purchasing.

After the plaintiff filed his lawsuit, the United States Food and Drug Administration (FDA) issued a document stating that partially hydrogenated oils, or trans fat, no longer carry the agency’s “GRAS,” or “generally recognized as safe” approval. Based on this document, food producers and manufacturers must now remove any trans fat from their food products by the year 2018.

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In a recent case, the California Court of Appeal for the Second District upheld a lower court’s grant of summary judgment in favor of a defendant pipe manufacturer on the basis that the plaintiff’s exclusive remedy was through the workers’ compensation system.

In Melendrez et al. v. Ameron International Corp., one of the defendant’s employees, who had been employed with the defendant for nearly 25 years, was authorized to take home pipes that had been rejected at the manufacturing plant so that he could use them for improvements to his patio at home and to create flower pots. Sometime in 2011, the man was diagnosed with mesothelioma, and he unfortunately died one year later.

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