Maine Product Liability Lawsuit Based on a Company’s Marketing Practices

Every year thousands of people suffer injuries because of dangerous or defective products. In some cases, the products have been on the market for years before consumers become aware of the dangers. Those who have suffered injuries because of a product defect should contact a Maine product liability attorney to discuss their rights and remedies.

Maine product liability lawsuits typically stem from defective manufacturing, defective design, or inadequate marketing. Claims involving failure to warn typically fall under marketing defect claims. Historically, the most well-known product liability lawsuits fall under failure to warn claims. For example, the monumental lawsuits against asbestos and tobacco manufacturers fall under a failure to warn theory.

A marketing defect is a danger created by a manufacturer’s failure to warn consumers of the potential hazards of using a product. Under state and federal laws, manufacturers have a duty to warn consumers of common dangers and risks associated with using their products. The company must clearly convey these warnings to consumers on the product’s labels or inserts.

While many failure to warn claims invole prescription medications and pharmaceutical products, some involve general consumer products. For instance, the talc powder lawsuit against Johnson & Johnson (J&J) is one of the most well-known product liability lawsuits to date. In 2017 evidence arose that showed that the company’s talc powder contained asbestos since the 1970s. Although the pharmaceutical giant has long maintained that its products do not cause cancer, many users suffered mesothelioma and cancer.

Following a long string of settlements, the company ceased selling its talcum products in the United States and Canada. However, the company faces new complaints from a group alleging that the company engaged in knowingly deceptive marketing targeting Black women. The group claims that J&J was aware of the dangers of its product but continued to provide free samples at beauty salons, radio events, and similar venues.

The current lawsuit focuses on the racial undertones of the company’s marketing strategies in that they focused on a group of individuals they knew were more likely to use baby powder. Moreover, the group argues that the company knew that this demographic was at a disadvantage if they suffered the consequences of the product. One of the women in the group, who was diagnosed with ovarian cancer, explained that she felt safe using the product for many years because of the company’s advertising.

Have You Suffered Injuries Because of Marketing Defect?

If you or someone you love has suffered injuries or died due to a defective or dangerous product, contact the Maine product liability attorneys at Peter Thompson & Associates. The lawyers at our firm have dedicated their practice to representing injury victims in their claims against negligent parties, including product designers and manufacturers. In addition, we handle injury claims stemming from Maine motor vehicle accidents, slip-and-falls, nursing home abuse, and medical malpractice. Our attorneys have a successful track record of recovering significant amounts of compensation on behalf of our clients and their families. Contact our office at 1-800-804-2004 to schedule a free initial consultation with an attorney on our team.


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