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

In New York, “defect in labeling” is a term used within defective products law. This term relates to claims of harm resulting from a product’s labeling. Labeling on a product may need to include safety instructions, warnings, ingredients, and directions for use. When defective labeling is present, consumers may be misled into using a product in a manner that results in harm. A defect in labeling occurs when the labeling on a product fails to effectively alert consumers of the risks associated with the product. For example, a product may be labeled with incomplete instructions which can lead to consumers using the product in a manner that can cause injury. Labels which are vague or confusing can also be considered a defect in labeling. When a defect in labeling is present, consumers may be able to recover compensation from the manufacturer or other liable parties for any injury, medical expenses, or lost wages caused by the product. To prove their case, the injured party must demonstrate that a defect in labeling caused the harm and that they incurred harm as a direct result of that defect. In some cases, the defective labeling must also have been the proximate cause of the injury. It’s important to note that the defective labeling must be the cause of the harm and not just a contributing factor.

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

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