Papers
Warnings About Hazardous Substances
Chemical products typically require warnings about their hazardous substances and their effect on human health. The difficulty is knowing when a chemical ingredient is so hazardous that it requires a warning. This paper explores that threshold and proposes a systematic analysis from which these warnings may be made.
Health and Safety Hazards in Children’s Clothing
Four primary hazards are typically identified in children’s clothing and accessories, which must either be designed to exclude that hazard or given a warning. These primary hazards are flammability, lead, drawstrings, and choking. These hazards are discussed and a solution for evaluating these hazards in your garments and accessories—as well as identifying others—is given in this paper.
US Manufacturers Compliance Requirements for REACH--UEs New Identification and Control of Hazardous Substances
In June 2007, the EU’s Registration, Evaluation, Authorisation, and Restriction of Chemicals went into effect in all EU Member States. U.S. Manufacturers must comply with this new regulation where they sell into or manufacture in EU. This paper gives a brief synopsis of this regulation’s 800-page requirements.
Component Part Manufacturing and Bulk Supplier Liability
In 1999, the ABA produced a 50-state compendium reflecting the state of the law governing component parts. Here, three states are presented, which were originally authored by the Group’s lawyers.
Medical Devices & Preemption – Riegel v. Medtronic
In early 2008, the U.S. Supreme Court held that Class III medical devices granted a PMA by the U.S. FDA are preempted from suit under state common law. This Paper discusses the case, its implications, and the specific category of medical devices affected by the case.
NanoParticles and Hazard Communication – Selected Abstracts
In 2007, a number of studies were published in peer-reviewed journals discussing the hazards associated with nanoparticles and the coming requirements to capture and communicate those hazards to product users. This Paper identifies a few of those studies.
The Rule for Admissibility—NTSB Safety Reports and Use in Litigation
Under federal statutes, the NTSB safety report created following an aircraft accident is inadmissible at trial. Certain caveats allow some or all of the report into evidence. This Paper discusses the safety report, its original purpose, and the rule for admitting the paper into evidence at trial.
People
"COMPANIES TAKE PROACTIVE APPROACH TO PREVENT SUITS"
St. Louis Business Journal. March 2, 2007
"AVERTURE APPROACH" GEARED TO CAPTURE CORE PRODUCT EVALUATIONS IN A DAY.
AVERTURE announces its project-based Warnings Evaluations (“WE”) during which Averture lawyers analyze a manufacturer’s core product series and its fundamental hazard communications in a day. During that time, manufacturers can identify essential issues about their hazard communications and take corrective action. Or not....