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Product Liability
Although most products on the market are perfectly safe, there are some
made by negligent manufacturers which are a danger to the consumer. Ordinarily,
the removal of these products from the market is the responsibility of the
federal government. There are times, though, when regulatory agencies either
lack the authority to act or simply fail to remedy the problem.
In these instances, when the manufacturer refuses to willingly correct
the problem, legal prosecution is sometimes the only recourse afforded to
the consumer. The three case examples below involve an unscrupulous Taiwanese
foods manufacturer who knowingly distributed a dangerous candy in the United
States. The FDA, without advanced warning of the problem, could not prevent
the importation of this candy. As a result, choking incidents from konjac
candies occurred nationwide.
The successful prosecution of the first of these cases, Enrile vs.
Sheng Hsiang Jen Foods Co., Inc., led to the FDA's adoption of new laws
governing import standards. Due in no small part to the effort's of the
Enrile and other families to spotlight the dangers of this lethal product,
the public outcry prompted the FDA to issue a nationwide recall of all knojac–based
candies.