Insights & Events

Hollingsworth LLP partner Drew Reissaus will provide an overview of defenses to product liability claims based on alleged marketing defects in the upcoming Barbri webinar Product Liability Marketing Defects: Defending Claims About Product Labels, Instructions, or Promotion. Among the topics to be addressed, Drew and his co-panelist will discuss strategies to rebut allegations of improper labeling, insufficient instructions, inadequate warnings, and the role and potential liability related to social media influencers.

In product liability cases, plaintiffs often allege that manufacturers can be held liable for injuries caused by something they have said about their products orally, in writing, or on the internet. This includes statements regarding labels, product manuals/instructions, videos, warnings and advertising or promotions. A key issue is whether plaintiff pleads that communications or representations about a product were false or caused someone to use it in an unsafe way or to overlook potential danger. Two common sources of claims are inconsistent messaging that contradicts warnings or creates confusion and over-optimistic marketing about emerging products that suggests capabilities the product does not have. The panel also will discuss defendants’ strong defenses and themes, including product misuse. Many cases require deep dives into predictable (and unpredictable) human behavior and what improper uses a consumer might attempt as well as how a consumer might mishandle the product.

The 90-minute program is on Thursday, September 24 and will include a live Q&A.