Indiana Injury And Family Lawyer Blog

February 2, 2011

Vitamin Water Lawsuit

Vitamin Water may have associated with healthy living by providing a means for hydration, but the result of its advertising is a lawsuit. Advertisements portraying basketball stars in support of Vitamin Water can lead one to think that Vitamin Water offers health benefits. Of course, it’s true that Vitamin Water contains less sugar than Coca Cola, the maker of Vitamin Water. Yet, 33 grams of sugar found in Vitamin Water suggest that the beverage is just a step down from the typical soft drink beverage. In fact, many studies suggest that sugar can trigger added caloric intake which contributes to the obesity problem in the U.S. Add to this health care costs for treating the obese, it’s difficult for authorities to accept that a drink, such as, Vitamin Water containing 33 grams of sugar, offers health benefits.

Authorities weighed in on this topic in a lawsuit brought about by the Center for Science in the Public Interest who alleged that Vitamin Water labels and advertising contain deceptive and unsubstantiated verbiage. Federal Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, ruled in favor of the allegations through a 55 page ruling.

Coca Cola did not feel that the company’s advertisements for Vitamin Water were misleading or suggestive that the beverage offers health benefits. Yet, there is a contention that many consumers may feel that the beverage is nutritional and is preventative for obesity, simply because of the name implication alone.

January 27, 2011

Jury Selection Process Revised?

by Burton A. Padove

After the District Attorney Armando R. Villalobos of Cameron County in Texas announced that he was considering reviewing Facebook profiles as part of the jury selection process, it is suspected that this criterion may eventually become a part of all candidates involved in the jury selection process. Jurors must submit names and basic information, such as employers, religion, and children. Attorneys can also check Google through their smart phones to identify any questionable items.

It’s interesting to see how the Internet has played a role in law. The biggest issue has been fraudulent purchasing activities. Obviously, online purchases are very appealing. A hassle-free purchase experience is highly desirable in today’s market. The Internet offers a great convenience. The Internet also offers a wide variety of items to choose from in varying styles. This allows for a much broader selection of items to select from which provides for a greater shopping experience.

By the same token, the Internet is associated with risks and warnings. The FTC Rules govern Internet purchases. It is known that in Internet purchases the requirement of the FTC states that goods must be shipped at the time that is stated on the website. Goods must be shipped within thirty days of your purchase when there is no time specified for delivery of the purchase.

January 23, 2011

Colon Cleanser Internet Warning

by Burton A. Padove

The U.S. District Court for the Northern District of Illinois has placed a temporary receiver over Central Coast Nutraceuticals Inc. There were also several other companies involved, including: iLife Health and Wellness LLC, Simply Naturals LLC, Fit for Life LLC, and Health and Beauty Solutions LLC. These are Internet based companies. The colon cleansers distributed by Central Coast Nutraceuticals Inc. and its affiliates have been directed to stop selling Colopure and their company assets are being frozen, according to the FTC.

Internet sales rip offs totaling $30 million in 2009 have been based on “deceptive advertising and unfair billing practices”. There have been over 2,800 complaints filed with law enforcement agencies and the Better Business Bureau.

Buyers will be able to participate in a risk free trial by producing evidence of illegal billing. The estimates of people affected in the scam total approximately 1 million.

January 19, 2011

TRUCK ACCIDENT VICTIMS INVITED TO SORROW CONFERENCE

by Burton A. Padove

Please attend the 2011 Sorrow to Strength Conference for Truck Accident Victims, their families and all other interested people. This truck safety conference will be held in Washington, DC from Saturday, April 30th to Tuesday, May 3rd. We hope to bring together families and friends of truck crash victims and truck crash survivors. There is no charge, and the conference is open to all survivors, advocates, and legal/medical/other related professionals interested in truck safety. This is an opportunity to join with others for a weekend of sharing, remembrance, and workshops. On Monday and Tuesday the participants will bring their messages for improved truck safety policies and laws to Capitol Hill and the Department of Transportation during meetings which will be pre-arranged for those with something to say about truck safety and attended by a Truck Safety Coalition staff member.

If you are interested in attending,or have any questions call the truck safety organization at 888.353.4572 or 703.294.6404. You can also send an email to info@trucksafety.org. More information will be posted at www.trucksafety.org in the near future.

You may also contact Burton A. Padove a truck safety member for more information on this conference, truck safety issues and for truck and tractor trailer accident representation. Attorney Burton Padove accepts trucking negligence cases for seriously injured victims on a no recovery-no fee basis. Truck/car collisions result in wrongful death, brain injuries, paralysis, fractured bones, internal damage, pain, suffering , disability, disfigurement and lost income every day, not only on the interstates, but in towns and on highways and roads everywhere.

January 3, 2011

Rolaid, Benadryl and Motrin Recalls

by Burton A. Padove

All lots, totaling 13 million, of Rolaids Extra Strength Softchews, Extra Strength plus Gas Softchews, and Rolaids Multi-Symptom plus Anti-Gas soft chews that were distributed in the United States have been recalled. The reason for the recall is that there have been several complaints that the product is tainted with metal and wood particles. This is the latest in a string of recalls for McNeil Consumer Healthcare, a Division of McNEIL-PPC, Inc.

All lots of Children’s BENADRYL® Allergy FASTMELT® Tablets, in cherry and grape flavors, that were distributed in the United States and some other countries, as well as, Junior Strength MOTRIN® Caplets, 24 count, have also been recalled.

McNeill has voluntarily conducted these recalls in cooperation with the Food and Drug Administration. The company has also investigated why these incidents have occurred. Following a preliminary investigation, it appears that the foreign particles may have been introduced into the product during manufacturing at a third party facility. McNeill has suspended production of the products until a final outcome has been determined and corrective action has taken place to prevent such incidents from happening again.

December 29, 2010

Oxygen Therapy and Inositol Making False Claims

by Burton A. Padove

It is buyer beware when any product label says, “Intended to prevent, treat or cure diseases”. It is particularly buyer beware for the website called www.oxygentherapyprogram.com and its products called Oxygen Therapy (35% Food Grade Hydrogen Peroxide) and Inositol.

Recently, the Food and Drug Administration completed an investigation of 35% Food Grade Hydrogen Peroxide and Inositol and noted several FDA violations. In Fact, the Food and Drug Administration documented that there may be more deficiencies associated with the two products.

First, since the products are intended to diagnose, cure, mitigate, treat, or prevent disease, they fall under the category of classified drugs defined in the Federal Food, Drug, and Cosmetic Act. As such, these products must be recognized as safe and effective for their labeled uses. However, these drugs were not approved by the FDA for safety and efficacy. In addition, new drugs that fall under the classification of the Food, Drug, and Cosmetic Act are not permitted to be introduced to the public until they have been approved. Both 35% Food Grade Hydrogen Peroxide and Inositol have been sold to the public without FDA approval. The FDA also discovered that the product label did not provide adequate directions for a person to use the product without the advice of a physician. This is a misbranding violation.

December 24, 2010

OsteoSymbionics, LLC. Receives FDA Warning about Cranial Implants

by Burton A. Padove

The Food and Drug Administration conducted an investigation of a OsteoSymbionics plant located in Cleveland, Ohio to learn that the company was manufacturing cranial implants which was not in accordance with Current Good Manufacturing Practice (CGMP) requirements of the Quality System regulation found in Title 21, Code of Federal Regulations (C.F.R.), Part 820.

The Food and Drug Administration determined that these cranial implants are devices which fall under the Federal Food, Drug and Cosmetic Act because the product is intended for the use of disease diagnosis, mitigation, treatment, disease prevention or may affect the structure or function of the body.

Furthermore, the Food and Drug Administration found that the company had inadequate design controls for the development of the cranial implants, did not establish or maintain procedures for ensuring that specific design requirements are met consistently, and did not establish procedures for validation which limited follow up inspections and testing; including an inadequate sterilization process. The company also failed to maintain a device master record for the cranial plate implants and did not adhere to other regulations.

December 20, 2010

Implantable and Un-implantable Hearing Aid Sends Shock Waves to Users

by Burton A. Padove

Advanced Bionics took swift action to recall the company’s HiRes 90K cochlear implant device and all un-implantable devices that have been distributed. This hearing aid recall was initiated following two reports from users who experienced excessively loud sounds, shocking sensations and a high level of discomfort. These side effects occurred within eight to ten days of initial use of the hearing aid.

At present, Advanced Bionics does not know why the HiRes 90K cochlear implant device and the company’s unimplantable devices are producing such side effects. The company is working with the Food and Drug Administration to determine the root cause that prompted the hearing aid recall. Typically, flaws in the design of the product or in safeguards of the product are the reasons for malfunction in products.

Hearing aids have come a long way from the first ear trumpet style versions of the 1700’s. By the mid 1850’s, a thin metal device was designed to meet specific needs for the hearing impaired. Nearing the 1900’s, ear tubes with speaker connections gained popularity. By the 1940’s, more modern hearing aids were developed and were offered in a variety of sizes to meet the specific needs of individual users. By the end of the 50’s, hearing aid styles were smaller due to advancements in microphone and battery technology. In the 1990’s, digital processing hearing aids took over the marketplace, which provided greater clarity, a full range of tones and a more discreet appearance. With the advent of digital technology, designs specifications have changed and hearing aid manufacturers are dedicated to creating advanced design specifications that do not pose risks for consumers.

December 17, 2010

Duro Extend Capsules Recall: Another Dietary Supplement Down!

by Burton A. Padove

The dietary supplement known as Duro Extend Capsules, manufactured by Intelli Health Products, has been recalled throughout the nation. Intelli Health Products took this step after the Food and Drug Administration produced results from an analysis of the product showing that it contains Sulfoaidenafil. Sulfoaidenafil is an ingredient that is FDA approved for the treatment of erectile dysfunction. The reason why Sulfoaidenafil must be FDA approved is because the drug can negatively interact with other prescription drugs when taken together, such as with nitroglycerin. In addition, Duro Extend Capsules may lower your blood pressure to a high risk level. These two noted risks place people with high blood pressure, diabetes, high cholesterol and heart disease in danger for serious adverse reactions that may be life threatening when taking Duro Extend Capsules with their prescriptions for their medical condition.

Duro Extend Capsules are sold across the U.S. in a blister pack containing one capsule per unit, 12-pack, 24-pack display boxes, or 3 count and 10 count bottles. All lot numbers have been recalled by Intelli Health Products.

People who have experienced an adverse reaction when using the dietary supplement should contact their physician immediately. All consumers using the product should stop using it immediately and return the unused portion to the place of purchase.

December 14, 2010

Darvocet and Darvon are Off the Market, After 32 Years!

by Burton A. Padove

Last year alone, roughly 10 million people in the U.S. used propoxyphene, known under the brand names Darvocet and Darvon, to relieve post operative pain. It is unknown how many people have died or been seriously injured since the drug was approved in 1957. Recently, Public Citizen, a consumer advocacy group, petitioned the Food and Drug Administration to ban the drugs from the U.S. market, stating that the drugs caused over 2000 deaths, are highly addictive, and are not more effective than other safer pain relievers.

In June 2010, Public Citizen alleged that the Food and Drug Administration violated the law by failing to act on a petition that was originally filed in 2006. The FDA discovered over 3000 serious side effect cases involving Darvocet or Darvon. In December of this year, Darvocet and Darvon have been banned from the U.S. market.

The list of life threatening side effects associated with Darvocet and Darvon include: serious or fatal heart arrhythmia, heart attack, cardiac arrest, heart valve issues, myocardial infarction, pacemaker implantation, overdose, and suicide. The Public Citizen group determined that the risks associated with Darvocet and Darvon outweighs the benefit of pain relief, which can be accomplished by other less harmful drugs.

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