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Cok Kinzler PLLP

Metal fragments in smokeless tobacco cans prompts recall

Many in Bozeman may wonder how it is that the manufacturers of products that have been shown to present the potential for harm to consumers (such as products containing tobacco or alcohol) are able to avoid liability for their use. The reason why is that such companies meet the standard of warning consumers about the possible dangers their products pose. Including warnings on cigarette packs or marketing alcohol with phrases encouraging people to drink responsibly serves to inform consumers, who then may be viewed as accepting a product’s risks. However, manufacturers may not be immune from blame for other factors which may cause these products to harm users.

The recent recall of a number of different brands of smokeless tobacco illustrates this point. It was discovered that a certain range of products manufactured at the Illinois facility of a national tobacco product provider contained metal fragments in their cans. While no cases of injuries from the fragments have yet been reported, the company voluntarily initiated a recall across the six states where the affected products were believed to have been distributed. Anyone who has bought any of the products included in the recall can contact the company to see about being issued a refund.

Of course, product recalls do not always work in pulling dangerous items off of store shelves before they have a chance to hurt a consumer. Having a recall in place also does not absolve a manufacturer of liability should some indeed be harmed. Bringing a product liability lawsuit against a company can be quite a challenge, however, especially for those unfamiliar with the law. For this reason, those wishing to initiate such action may want to enlist the services of an attorney.

Source: Fox News “Smokeless tobacco company issues recall after complaints over metal fragments” Feb. 03, 2017 

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