Understanding Labels: Product Liability and Personal Injury Cases

Labels can serve as critical safety mechanisms. They help to prevent harm by providing warnings, instructions, and necessary product details. When labels fail in these responsibilities—either by omission, misleading information or non-compliance with laws and regulations—manufacturers and sellers may face legal consequences.

Here is a deeper dive into how labels can impact product liability and personal injury claims.

Product Liability and Labels

Failure to Warn (Inadequate Warnings and/or Instructions)

A manufacturer must provide adequate warnings if a product poses risks that are not immediately obvious to the average consumer. If they fail to do so, they may be held liable under a “failure to warn” claim.

Key elements of failure to warn cases:

• The product had a known or foreseeable risk that could cause harm.
• The risk was not obvious to the user.
• The manufacturer failed to provide clear and adequate warnings.
• The failure to warn directly contributed to the injury.

Some examples:

• Cleaning chemicals—A drain cleaner containing harsh acids should warn against mixing with other chemicals such as bleach, which can produce a toxic gas.
• Lawn mowers—Must include warnings about keeping hands and feet away from moving blades.
• Hair dryers—Often come with warnings about keeping them away from water to prevent electrocution.

A manufacturer may still be liable even if the consumer misuses the product, as long as the misuse was foreseeable.

Misleading or False Labels

Labels must not be deceptive or contain false claims that could lead to consumer harm. If a company misrepresents a product’s safety or capabilities, they may be sued for false advertising, fraud, or misrepresentation.

Some examples:

• A pesticide labeled as “safe for children” but contains harmful chemicals.
• A dietary supplement claiming to “cure cancer” without scientific proof.
• A toy labeled as “non-toxic” when it contains hazardous substances.

In such cases, companies may be subject to regulatory action, in addition to civil lawsuits from injured consumers.

Regulatory Compliance and Industry Standards

Different industries have strict labeling requirements imposed by federal agencies, such as:

• Food and Drug Administration (FDA)—Labels for food, drugs, and cosmetics must disclose ingredients, potential side effects, and usage instructions.
• Consumer Product Safety Commission (CPSC)—Requires warnings on hazardous household products, including toys, electronics, and chemicals.
• Occupational Safety and Health Administration (OSHA)—Governs labeling on hazardous workplace materials, ensuring that workers are informed of risks.

Failure to comply with these regulations can result in legal penalties, recalls, or liability lawsuits. An example:

• A pharmaceutical company fails to include a “black box warning” (the FDA’s strongest warning) about life-threatening side effects of a drug. If a patient suffers harm due to the lack of warning, the manufacturer may be held liable.

Personal Injury and Labels

Personal injury claims related to labels typically involve failure to warn, improper instructions,  or misleading claims that lead to harm.

Dangerous Consumer Products

Consumers rely on proper labeling to use products safely. If a product lacks clear safety instructions or warning labels, the manufacturer may be liable for injuries caused by foreseeable misuse.

Some examples:

• Electric kettles—If a kettle can overheat and cause burns, but the manufacturer does not provide a warning, they may be liable.
• Workout supplements—If a pre-workout powder causes heart issues, and does not disclose its stimulant content, the company could face legal claims.
• Ladders and tools—Labels must include warnings about weight limits, proper use, and safety precautions.

Pharmaceutical and Medical Device Labels

Drugs and medical devices must include detailed information about dosage, contraindications, side effects, and interactions. If a manufacturer fails to warn doctors and patients of serious risks, they can be held liable under “failure to warn” laws.

Some examples:

• A painkiller that increases heart attack risks, but does not include a warning.
• An insulin pump with a malfunctioning display, causing incorrect doses without alerting the user.
• A birth control pill that leads to blood clots but does not disclose this risk.

Many of these cases fall under “pharmaceutical liability” or “medical malpractice” if a doctor fails to inform a patient of known risks.

Children’s Products and Toys

Products intended for children are highly regulated as young children may not recognize potential dangers. Labels must include:

• Age appropriateness—Such as “Not for children under 3 years.”
• Choking hazard warnings—For small parts, balloons, etc.
• Toxicity information—For paints, crayons, materials, etc.

An example:

• A toy with small detachable parts does not have a choking hazard warning. A child swallows a piece and chokes. The manufacturer could be held liable for failure to warn.

Legal Consequences of Label Failures

When labels fail to warn, mislead consumers, or violate regulations, companies can face legal action under:

Negligence

A company may be liable if:

• They had a duty to warn consumers.
• They failed to provide adequate warnings.
• Their failure resulted in injury.

Strict Liability

Even if the company was not negligent, they can still be held strictly liable if their product was defective and caused harm.

Breach of Warranty

If a product does not perform as labeled or promised, the consumer may sue for breach of express or implied warranty.

Class Action Lawsuits and Recalls

If multiple consumers are harmed, they may file a class action lawsuit. Regulatory agencies may also issue product recalls due to inadequate labeling.

Consult a Personal Injury Attorney

Labels are essential for consumer safety and manufacturer liability protection. If you are injured because a product lacks warnings, misleads users, or fails to comply with regulations, consult a personal injury attorney or product liability attorney with the necessary experience, staff, and resources to help you understand your legal rights and deal with the complex legal questions surrounding product liability due to improper labeling.

If you or a loved one are a victim of improper labeling that leads to a personal injury, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.