product liability

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Nidel Law Re-files Case For Injury From Fluoridated Drinking Water

Posted by on 26 Sep 2012 | Tagged as: litigation, product liability, toxic torts

Nidel Law, P.L.L.C., in conjunction with Paulson and Nace, P.L.L.C., re-filed a case against Nestle U.S.A., Nestle Waters North America, Inc., The Dannon Company, Inc., and the Gerber Products Company, for damage caused by fluoride contained in their products marketed and sold for consumption by children under the age of eight.  The Plaintiff, a 13-year old girl, suffers from “dental fluorosis” which is a permanent disfigurement of her teeth.

According to the CDC, dental fluorosis is caused by the ingestion of fluoride before the age of eight.  While many in the public may have heard the claims that fluoride prevents cavities, according to the CDC the preventative benefits of fluoride are predominantly when it is applied topically (rather than ingested) to adult teeth, after the age of eight.  The science thus shows that when fluoride is ingested by people under the age of eight, there is a significant risk of harm, while at the same time there is no benefit.  The defendants in this case knew that their products contained fluoride and actively marketed these products to children and to parents for the use in their children.  The defendants’ failure to warn of the risk of harm from these products is unacceptable.

CLICK HERE for a copy of the complaint.

CLICK HERE for a photo of the Plaintiff’s teeth.

For more information about the case, please CONTACT US.

Case Filed for Injury Caused by Fluoridated Water

Posted by on 16 Sep 2011 | Tagged as: litigation, product liability, toxic torts

Nidel Law, P.L.L.C., in conjunction with Paulson and Nace, P.L.L.C., filed a case against Nestle U.S.A., Nestle Waters North America, Inc., and the Gerber Products Company, for damage caused by fluoride contained in their products marketed and sold for consumption by children under the age of eight.  The Plaintiff, a 13-year old girl, suffers from “dental fluorosis” which is a permanent disfigurement of her teeth.

According to the CDC, dental fluorosis is caused by the ingestion of fluoride before the age of eight.  While many in the public may have heard the claims that fluoride prevents cavities, according to the CDC the preventative benefits of fluoride are predominantly when it is applied topically (rather than ingested) to adult teeth, after the age of eight.  The science thus shows that when fluoride is ingested by people under the age of eight, there is a significant risk of harm, while at the same time there is no benefit.  The defendants in this case knew that their products contained fluoride and actively marketed these products to children and to parents for the use in their children.  The defendants’ failure to warn of the risk of harm from these products is unacceptable.

CLICK HERE for a copy of the complaint.

CLICK HERE for a photo of the Plaintiff’s teeth.

For more information about the case, please CONTACT US.

Alcohol in mouthwash shown causing oral cancers

Posted by on 01 Feb 2009 | Tagged as: cancer, litigation, product liability, toxic torts, toxicology

Dental researchers in Australia, M.J. McCullough and C.S. Farah, recently published a review of the data on mouthwash use and the risk of oral cancer.  The researchers reviewed the epidemiological evidence and the proposed mechanism of carcinogenicity of mouthwash and concluded that there is now sufficient evidence that regular use of alcohol containing mouthwashes contributes to the risk of oral cancer.  The research suggests that the risk is the result of the metabolic conversion of ethanol to acetaldehyde, a mutagenic and carcinogenic compound.  Several Listerine branded mouthwashes topped the researcher’s list due to the high level of alcohol (ethanol) contained in these products, as high as 26 percent.  The newly established connection between oral cancer and regular mouthwash use raises the potential for legal claims against mouthwash manufacturers for personal injuries and deceptive or fraudulent marketing.  The abstract is included below.  

The role of alcohol in oral carcinogenesis with particular reference to alcohol-containing mouthwashes 

MJ McCullough,* CS Farah  

Worldwide, oral cancer represents approximately 5 per cent of all malignant lesions, with over 800 new intra-oral squamous cell carcinomas registered in Australia each year. Despite recent advances in therapy, the five-year survival rate remains around 50 per cent and the sequelae of treatment can be seriously debilitating. It has been long established that smoking and alcohol consumption are risk factors linked to the development of oral cancer. This review assesses the epidemiological evidence, supportive in vitro studies and mechanism by which alcohol is involved in the development of oral cancer. Further, we review the literature that associates alcohol-containing mouthwashes and oral cancer. On the basis of this review, we believe that there is now sufficient evidence to accept the proposition that alcohol-containing mouthwashes contribute to the increased risk of development of oral cancer and further feel that it is inadvisable for oral healthcare professionals to recommend the long-term use of alcohol-containing mouthwashes.