Category Archives: product liability

Cheese Products Recalled for Listeria Contamination

Cheese Products Recalled for Listeria Contamination

New Jersey-based El Rancho Del Sur has issued a defective product recall for some of its cheeses due to possible listeria poisoning. According to a Business Week news report, the company has announced a voluntary recall of its Fresh Cheese, Fresh Cheese in Banana Leaf and String Cheese. The products in question were distributed between February 23 and March 14 to retail stores, supermarkets and restaurants in New Jersey and Pennsylvania. Consumers who have purchased these recalled products can return them to the place of purchase for a refund. In addition, customers can call the company with questions at 732-967-9265.

Deadly Food-Borne Illnesses

E. coli and salmonella are food-borne illnesses, which could result in serious personal injuries, including organ damage or even death. Listeria is a type of bacterium, which can cause an infection known as listeriosis, which can also result in serious and long-term adverse health problems. Listeria can sicken people with weakened immune systems and can cause miscarriages in pregnant women. The baby may die unexpectedly before birth or experience a life-threatening infection within the first few days of birth.

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dangerous cosmetics

Pain Is Beauty: What Are Your Cosmetics Really Made Of?

Women can be very particular about their makeup. As for me, I am a full-blown M.A.C. girl (with the occasional visit to Sephora or Ulta), but to each their own. So when reports come out telling me that the makeup I use contains dangerous heavy metals without listing them on the label, I become a little distraught.

The Food and Drug Administration (FDA) recently released a report addressing the fact that lead is present in 400 different lipsticks. They reported that regulations allow a presence of up to 20 parts per million (ppm) of lead in cosmetics.

Here is a list of the top 20 lipsticks with the highest concentration of lead.

I must say I am relieved that M.A.C. was much lower on the list, but other companies like Revlon and L’Oréal appeared on the list more than once. Surprisingly of the 400 lipsticks tested, the one that contained the least amount of lead (less than 0.026 ppm) was Wet’n’Wild Mega Mixers Lipbalm in Bahama Mama—coincidentally it is also the cheapest lipstick on the list according to a Shine report.

Before you run to your makeup bag and throw out all of your lipstick—the FDA does not feel this poses a significant risk to consumers. They stated:

We have assessed the potential for harm to consumers from use of lipstick containing lead at the levels found in both rounds of testing. Lipstick, as a product intended for topical use with limited absorption, is ingested only in very small quantities. We do not consider the lead levels we found in the lipsticks to be a safety concern. The lead levels we found are within the limits recommended by other public health authorities for lead in cosmetics, including lipstick.

The Shine report went on to talk about another testing that was done on common cosmetics. The Canadian study tested 49 cosmetic products and found that 96 percent contained lead and every product contained at least one of the following heavy metals: arsenic, cadmium, lead, nickel, beryllium, thallium, and selenium. And even though the FDA said there was no threat the Center for Disease Control and Prevention does not agree—they say lead exposure is dangerous at any level.


Dangerous products can lead to unintentional injury. The manufacturers have an obligation to be sure that their products are safe for consumers and if they discover they are not the product must be recalled and the issue resolved. If you or someone you love has suffered an injury as the result of a dangerous or defective product contact the Pennsylvania injury attorneys at Console & Hollawell. Call us today at (866) 778-5500 to set up your free consultation.

dangers of inhalable caffeine

FDA Questions Safety of Inhalable Caffeine

Ever have one of those days where you just wish you could inject caffeine into your system and be on your way? Well, while you can’t get a direct shot to your blood apparently you can just breathe in the caffeine without the damaging effects of drinking energy drinks, shots, or pills. AeroShot is a revolutionary product that dispenses caffeine and B vitamins into your mouth without any calories.

While this may seem like a blessing in disguise, the Food and Drug Administration (FDA) is not so sure. According to a CNN report, the Administration is planning on investigating this new form of caffeine intake because they question its safety. The report explains that consumers can currently purchase the AeroShot, a lipstick-shaped container that dispenses the caffeine and vitamins, online or at convenience stores in both New York and Boston. And the kicker of it all—it only costs $3.

A single tube of AeroShot can be consumed all at once or in small doses according to the product’s website. In the CNN report one New York Senator, Charles Schumer, is very wary of the consequences of a product like this.

He told CNN that, “This product could be very dangerous. There might be legitimate uses. The business man staying up late who doesn’t want to drink that cup of coffee, that’s OK. But what about kids who go to bars and take several shots of AeroShot so they can drink more?”

The Senator brings up a valid point. There has been a lot of attention in the media of the dangerous of mixing caffeine and alcohol—remember the Four Loko scandal? Even with caffeine / alcohol combination drinks being altered to be less dangerous people are still dying.

Just this past weekend there was a 13-year-old boy from Maryland who died after consuming Four Loko according to news reports. So what is going to stop individuals from abusing the ease of this caffeine intake? After all, it won’t be like pounding down a Red Bull which could make you full and unable to drink as much. Senator Schumer took his concerns to the FDA by writing them a letter and the FDA reported that they will investigate his concerns and send him a response directly.

Although it is an energy supplement, in the FDA’s eyes energy pills, shots, etc. fall under the same regulations as dietary supplements. CNN reported that:

The company making them is responsible “for determining that the dietary supplements it manufactures or distributes are safe and that any representations or claims made about them are substantiated by adequate evidence to show that they are not false or misleading,” according to the FDA website.

It’s rare for the agency to prohibit a supplement. In 2004, it stopped the sale of the diet supplement Ephedra, but only after deaths and other serious side effects were reported.

“Manufactures are free, basically, to sell almost any product they want and to make any claims they want about dietary supplements” [David Schardt, from the Center for Science in the Public Interest] said. “It’s the burden of the Food and Drug Administration to prove that a product is unsafe and the dietary supplement industry has lawyers to defend their products and it’s a long involved process.”

At this point it is just a game of wait and see. The product has not been removed from the market, but depending on what the FDA concludes in its investigation inhalable caffeine may become just another failed product.

The FDA plays a very important role and in conjunction with other government agencies helps protect consumers from hazardous or harmful products. If you or someone you love has been injures as the result of a dangerous or defective product of any kind you may be entitled to compensation. Contact the Philly accident lawyers at Console & Hollawell today to find out what your legal rights and options are. Call us today at (866) 778-5500 to set up your free consultation.

All photos from AeroShot website.