another stupid lawsuit

Gun Grape · 04-24-2008, 12:28 PM

And we wonder why it cost so much to do business in America.

Nalgene sports bottle maker sued over toxic claims

Quote:

Nalgene sports bottle maker sued over toxic claims

Wed Apr 23, 9:24 PM ET

A California mother sued Nalge Nunc International Corp, claiming the company knew, but downplayed risks, that a toxic substance in its popular Nalgene plastic sports bottles could leach into the bottles' contents and sicken consumers.

The case, filed on Tuesday, is believed to be the first consumer class action over the use of Bisphenol A, or BPA, in plastic sports bottles since Canada moved to ban baby bottles containing the substance and the U.S. government expressed concern over its safety last week.

Nalge Nunc, a unit of Thermo Fisher Scientific Inc, said on Friday it will phase out production of its Outdoor line of polycarbonate containers that include BPA over the next several months.

Wal-Mart Stores Inc also said on Friday it will pull baby bottles and other products made with BPA from its Canada stores immediately and phase the items out of its U.S. stores next year.

The suit, filed in U.S. District Court in Sacramento, accuses Nalge Nunc of continuing to assert that BPA is safe long after dozens of studies linked the substance to hormone disruptions, infertility, early puberty, and cancer.

The lawsuit was brought by Lani Felix-Lozano, who said she bought the company's reusable beverage containers for herself and her two daughters, now ages 11 and 13, for several years.

"They address the issue of BPA in their bottles (on their Web site); they cite the (Food and Drug Administration) stating that they see no problem with it. The problem is they didn't cite the many other studies that show there is a risk and there is a great concern about the issue," attorney Harold Hewell, who represents Felix-Lozano, said.

The lawsuit does not describe any physical ailment suffered by the plaintiffs and seeks unspecified damages.

A spokeswoman for Nalge Nunc could not be reached for comment late on Wednesday.

Industry groups and some scientists defended BPA's safety, saying there has been no clear corroboration between studies on animals showing BPA to be harmful even at low levels, and risks to human health. (Reporting by Gina Keating; editing by Carol Bishopric)

So here we have a company that is following the rules set by the Federal Government Agency responsible for food and drug safety and they get sued.

And the company had already decided on their own, even though the product is safe by US standards, to start phasing it out.

Notice that she hasn't claimed that it has hurt her or her family but is suing because some studies say it might. Or Heres a chance for me to grab some money.

If she were truly worried about this, then she should have sued the FDA.
They make the rules.

gamercube · 04-24-2008, 14:34 PM

Is there nothing like a PIL (Public Interest Litigation) in US law?

ba1025 · 04-25-2008, 12:52 PM

it will get tossed. I'd bet on it

gunnut · 04-25-2008, 13:36 PM

Quote:

Originally Posted by ba1025

it will get tossed. I'd bet on it

I don't know, man...this is in California after all. We have had some stupid juries in California's history.

An Arizona jury awarded some dumb old lady millions for spilling hot McDonald's coffee on herself...

Southie · 04-25-2008, 15:26 PM

Quote:

Originally Posted by gunnut

I don't know, man...this is in California after all. We have had some stupid juries in California's history.

An Arizona jury awarded some dumb old lady millions for spilling hot McDonald's coffee on herself...

I still can't believe she won that case. Let's see, coffee = hot. Styrofoam cup = flimsy. Holding cup between legs = priceless!! Especially for her with her million dollars. I know she did have severe burning from the coffee, but it could have been prevented.

04-24-2008, 14:34 PM	#2 (permalink)
gamercube Contributor Join Date: 11-20-06 Location: Barbados Posts: 742 Country:	Is there nothing like a PIL (Public Interest Litigation) in US law? __________________ Hasta la Victoria siempre!

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04-25-2008, 12:52 PM	#3 (permalink)
ba1025 Banished Join Date: 04-04-08 Posts: 287 Country:	it will get tossed. I'd bet on it

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