What is a marketing defect?

A marketing defect is an issue with a product that is related to how it was advertised, marketed, or labeled. In New York, this type of failure is included in the legal theory of product liability known as “dangerous products law.” This law states that manufacturers, distributors, and retailers are responsible for harm caused by their products if there are defects in the design, manufacture, or marketing of the products. A marketing defect can include any number of issues that were present with a product when it was marketed, such as mislabelling or inadequate warning labels. In some cases, a product may have been marketed in a way that led consumers to believe it was something it was not or was more effective than it really was. The consumer may have experienced harm due to this false or misleading information. In addition, a marketing defect can result from inadequate or incomplete instructions that were provided with a product. If a product was shipped with inadequate instructions, leading a consumer to use the product incorrectly, the consumer may be able to sue the manufacturer for damages. In New York, the product liability theory of dangerous products law applies to all defective products, and that includes marketing defects. In order to prove that a marketing defect caused an injury, a consumer must demonstrate that the defect existed when the product was sold, that the defect caused the injury, and that a reasonable person would have found the defect to be unreasonably dangerous.

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What is a marketing defect?

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