Learned Intermediary Doctrine and Oral Contraceptives

In 1985, the Massachusetts Supreme Court carved out an exception to the learned intermediary doctrine for oral contraceptives. The court held that the manufacturer of an oral contraceptive could not rely on warnings to doctors to satisfy its duty to warn

Federal Hazardous Substances Act

The Consumer Product Safety Commission (Commission), a federal regulatory agency, enforces the Federal Hazardous Substances Act (Act). The Act regulates hazardous substances. A hazardous substance means a substance that is toxic, corrosive, an irritant, or flammable and which can cause serious personal injury or illness when used. Pesticides and fuels are regulated by other federal agencies and do not fall within the definition of a hazardous substance.

Does A Prescription Drug Company Have A Duty To Warn Consumers Of Oral Contraceptive Risks?

In the mid-1980s, a few cases in Massachusetts and Michigan recognized an exception to the learned intermediary doctrine for oral contraceptives. The courts concluded that birth control pills were significantly different from other prescription drugs in several ways.

Aviation Breach of Warranty Claims

When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten).

Public Policy Considerations Underlying Strict Products Liability

Products liability deals with personal injury and property damage caused by products that are defective due to a design or manufacturing defect. Strict products liability is a legal doctrine that holds a manufacturer or seller responsible for making or selling a defective product, regardless of fault, if the product injures a purchaser or user or his/her prope