Summary In this case, a plaintiff, Nemphos, brought a product liability case against Nestle Waters North America, Nestle USA, The Dannon Company and Gerber Products. The claim from the plaintiff, Nemphos on behalf of her minor daughter, was that these manufactures of bottled water, infant formula, and baby food her daughter consumed over a period of time caused her daughter to develop dental fluorosis. “The complaint alleged that the manufacturers had failed to warn about the risks of dental fluorosis for children who consume large amounts of fluoride, and that they had misleading marketed their fluoride-containing products as especially beneficial to children” (Nemphos vs. Nestle Waters, 2015) According to the Centers for Disease Control and Prevention, “dental fluorosis is a change in appearance of the tooth’s enamel. These changes vary from barely …show more content…
The complaint is studded with highly general and conclusory statements that could be adapted to many different products at many different times. It says little about the contents of the infant formula and baby food products in particular, except merely that they contain some amount of fluoride. We are left essentially with a “naked assertion” of liability that lacks the “further factual enhancement” demanded by Rule 8(a)(2). Even at this stage of the proceedings, something more is required regarding the precise nature of the state-law duty the manufacturers are alleged to have breached, as well as the grounding in state law for whatever warning Nemphos proposes to impose. The vagueness of the allegations simply fails to satisfy the basic “plausibility” requirements of Rule 8 and Twombly, and it provides an inadequate basis for overturning the trial court's dismissal of the infant formula and baby food claims”. (Nemphos vs. Nestle Waters,
While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, According to Buskirk, 307 F.3d at 168 case that it would carry out an undue hardship that even with the accommodation Turner would still be unable to perform work on lines 8 and 9. This matter should be used by a jury based upon fully developed evidence
In reviewing the online Blackboard document and evidence regarding the case of Susan v. Cansco, we can see that the plaintiff, Susan (last name is unknown) has stated negligence against the defendant; Cansco, who is the distributor of Susan’s purchased dented canned chicken at the Superfast grocery store.
There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.
Higgs explains in her essay that the use of fluoride has been used in water for some time now and that it is used to help prevent tooth decay as stated in her citations. She further explains that when brushing ones teeth and swallows an “x” amount of toothpaste that that one should called poison control, so why would one be able to drink it? About sixty percent of homes contain fluoride-added water and an average person is suppose to drink eight 8-ounce glasses of water each day, while the amount of fluoride in each glass contains more than twice the amount (to be consumed) of fluoride allowed in toothpaste (Higgs par.2), and if one had too much
Studies show that dental caries does not increase following the cessation of fluoridated water (21,22)
If left untreated, pulp infection can lead to abscess, destruction of bone, and systemic infection (Cawson et al. 1982; USDHHS 2000). Various sources have concluded that water fluoridation has been an effective method for preventing dental decay (Newbrun 1989; Ripa 1993; Horowitz 1996; CDC 2001; Truman et al. 2002). Water fluoridation is supported by the Centers for Disease Control and Prevention (CDC) as one of the 10 great public health achievements in the United States, because of its role in reducing tooth decay in children and tooth loss in adults (CDC 1999). Each U.S. Surgeon General has endorsed water fluoridation over the decades it has been practiced, emphasizing that “[a] significant advantage of water fluoridation is that all residents of a community can enjoy its protective benefit…. A person’s income level or ability to receive dental care is not a barrier to receiving fluoridation’s health benefits” (Carmona 2004). As noted earlier, this report does not evaluate nor make judgments about the benefits, safety, or efficacy of artificial water fluoridation. That practice is reviewed only in terms of being a source of exposure to
In this statement of argument, we will prove that W.R. Grace & Company, Beatrice Foods Company, and UniFirst Corporation are innocent from the chemical perspective of the case. We will look at Woburn’s chemical industry history to see they type
Nutritional Foods Inc., a company that manufactures healthful products, has a major problem to address. Some of the company's products are allegedly responsible for a number of acute food poisoning cases. The problem has escalated from just a few cases of food poisoning to dozens of other reported cases. The company's chief executive, Fred James, has convened an emergency meeting comprising of members of the Crisis Action Committee. The key agenda of the meeting is how the situation that is threatening to get out of hand should be handled.
Firstly, it’s hard for us who are consumers to sue food manufacturers in they harmed our health since we don’t have enough evidence. As an illustration, a fourteen-year-old girl decided to accuse HFCS manufacturers who acted not responsibly to their consumers as they deliberately lie consumers about how HFCS will lead people to have type 2 diabetes (Wicker 5). She required five million dollars as her compensation, consisting of type 2 diabetes, less enjoyment in life, more pain and suffering, emotional stressing and lifelong medical complications (5). The court rejected her accusation in considering of no enough facts to prove the foods she ate contained too many HFSC (5). Similarly, two teenage girls put McDonald’s in court because of their
They sell household products such as shampoo and baby powder, which are daily essential products for most of the consumers. Therefore, it is very important that all the information about the products is delivered to the public. However, in 2009, The Campaign for Safe Cosmetics discovered that J&J manufactured their baby products with an ingredient that releases formaldehyde, which in high levels can cause cancer [9]. There were many cases where women suffered from ovarian cancer after a long-term use of its baby powder. One of the lawsuits accused the company for not adequately warning about the cancer risk associated with talcum powder, and concealed this information from the public instead [10]. Hence, it was ordered to pay $417 million to a woman who developed ovarian cancer after using its baby powder. Moreover, J&J was ordered to pay $72 million to a family of a woman, aged 62, who died from ovarian cancer because of using their baby powder for many years [11]. This is similar to the crisis that happened back in 1982, where 7 people died from taking their painkiller,
First of all, naturally fluoridated water has fluorine levels of approximately 0.4 mg/L, while artificially fluoridated water can have levels up to 1.0mg/L. This long-term ingestion of excess fluorine can lead to fluorosis which may negatively impact teeth and bones. Dental fluorosis occurs during tooth development. Teeth are mostly composed of hydroxylapatite, which is a mineral form of calcium. When intake of fluoride increases, it also increases apatite content, creating white streaks and in more serious cases cause mottling of teeth. In addition, fluoride levels in breast milk are around 0.004mg/L. Therefore, infants who drink baby formula with fluoridated water will be exposed to 300 times more fluoride, increasing the risk of developing dental fluorosis. Skeletal fluorosis is another disease in which fluoride accumulates in the bone for several years. Early symptoms of skeletal fluorosis may be forms of arthritis such as osteoarthritis and rheumatoid arthritis which are joint pains and stiffness. In more severe cases, the bone can calcify, which is the conversion of soft bone tissue into hard and insoluble calcium compounds. This can lead to muscle and joint impairment. (WHO) For over 40 years, U.S health organizations have claimed that skeletal fluorosis will not develop unless an individual intake 10-20mg/L of fluoride every day. However, studies in India and China shows that a person can have skeletal fluorosis with levels of 0.7-1.5mg/L. Fluoride can also impact
Fluorosis isn’t a disease and doesn’t affect the health of your teeth. In most cases, the effect is so subtle that only a dentist would notice it during an examination. The type of fluorosis found in the United States has no effect on tooth function and may make the teeth more resistant to
Fluorosis, Enamel hypoplasia and Amelogenesis Imperfecta hypocalcified type may be confused with MIH. Fluorosis is a diffused opacity and is not well demarcated like MIH and other teeth can be involved. Also teeth affected by Fluorosis are caries resistant. Enamel Hypoplasia is a quantitative defect of enamel which causes reduced thickness of enamel and it’s result of disruption of emeloblasts during secretory phase of amelogenesis. MIH and enamel hypoplasia can be difficult to differentiate when they have post eruptive enamel breakdown. Amelogenesis imperfecta is a genetic condition in which all or most of teeth are
Credibility Statement: As a person who has been brushing his teeth for many years without knowing the effects that fluoride can cause, I decided to do extensive research on the topic to find out what we are really putting in our bodies.
food law is the foundation that supports an understanding of all industry regulation. Based on a popular internet course, Guide to Food Laws and Regulations, 2nd Edition informs students on the significance, range, and background of food laws and gives tools for finding current regulations. This compact resource outlines major U.S. food laws, factors that led to their passage, and explains the role of key agencies like the FDA and FSIS in regulation and enforcement. Students are directed to internet sites as well as to indexes and resources available from the Federal government. Other topics include religious dietary law, Occupational Safety and Health Administration regulations, environmental regulations, HACCP and GMPs, laws governing health claims, and the regulation of