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The Bioterrorism Act of 2002

After the terrorist acts that caused the collapse of the World Trade Center in New York on September 11, 2001, the U.S. Congress passed The Bioterrorism Act of 2002. The full name of the law is the Public Health Security and Bioterrorism Preparedness Response Act of 2002. The main goal of the law is to protect the food supply from bioterrorism. The law also covers drinking water security and controls on dangerous biological agents and toxins. The main provisions of The Bioterrorism Act of 2002 are discussed below.

Fast Food Litigation

Is a double cheeseburger a defective product? A number of tort lawyers and their clients believe so. In July 2002, a class action suit was brought on behalf of patrons of McDonald's, Wendy's Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56 year old, 270 pound man, but the class was vaguely defined as those who have consumed products manufactured and sold by the defendants who have become obese, overweight, developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food.

Punitive Damages Awards in Product Liability Suits

Punitive damages are damages in excess of damages awarded to compensate a tort victim for injuries sustained. Also called exemplary damages, punitive damages are awarded to punish a tortfeasor for wanton or malicious conduct. Punitive damages have often been assessed in product liability actions.

Intermediaries' Liability for Distributing Drugs and Medical Devices

As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.

The NHTSA and Vehicle Defect Notification Requirements

The National Highway Transportation Safety Administration (NHTSA), the government agency responsible for motor vehicle safety, is responsible for the administration of national safety recalls by manufacturers or distributors of motor vehicles and items of motor vehicle equipment. The NHTSA is required to initiate the safety recall process when a safety defect or noncompliance with a federal motor vehicle safety standard (FMVSS) has been determined. The NHTSA also investigated alleged safety defects and tests vehicles for noncompliance with FMVSS.

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