What is a “defect in labeling” in defective products law?

A “defect in labeling” in defective products law refers to a product not having accurate or adequate labeling or warnings. This type of defect can range from something small like a forgotten comma to something major like not providing pertinent safety information. In Indiana, defective products law specifically defines a defect in labeling by stating that it is a product that has an incorrect label, inadequate warning label, inappropriate cautionary notice, or inadequate or false advertising. This type of defect can be considered under the umbrella of a “design defect” where the manufacturer has created a product that is potentially dangerous, but it can also be considered a “manufacturing defect” where the product is properly designed, but the manufacturer has not appropriately labeled it. In order to prove that a product has a defect in labeling, a plaintiff must show that the manufacturer had a duty to provide warning labels or a duty to provide certain information, and that it failed to or inadequately provided this information. For example, if a product does not display a warning label about potential fire hazards, the manufacturer may be held liable for a defect in labeling. In the Indiana court system, a plaintiff filing a defective products lawsuit must show evidence of a defect in labeling in order to be successful in their case. This can include evidence of safety standards that the label should have met, evidence of any warning labels that should have been present, as well as evidence of inadequate or false advertising.

What is a “defect in labeling” in defective products law?

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