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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.

 
Choking Incident

Enrile vs. Sheng Hsiang Jen Foods Co., Ltd.

Verdict: $16.7 Million
May 13, 2003

April 10, 1999: nine year old Michelle Enrile choked while eating a Konjac Mini Gel Snack. The candy completely obstructed her windpipe, and all efforts by her parents and paramedics to dislodge the blockage were fruitless. She fell into a vegetative state and died two years later.

O'Reilly & Danko launched an investigation into the safety of Mini Gel candies. The investigation revealed that Konjac Mini Gel Snacks presented a preeminent choking hazard. Once trapped inside a child's throat, a Konjac-based snack occluded the airway so tightly it rendered even the Heimlich maneuver ineffective.

Michelle Enrile before the choking incidentThe firm filed suit against the candies' manufacturers and distributors, alleging that the candies should never have been sold for consumption. As the case progressed media attention began to grow, culminating in a front page USAToday article and a segment on The Oprah Show. Gil and Yvonne Enrile, though hesitant to discuss such a painful experience, willingly participated in numerous television interviews to spread the word about the dangers of konjac which continues to be sold nationwide.

A jury found the defendant, Sheng Hsiang Jen Foods Company, Ltd., liable for the choking death of Michelle Enrile and awarded her parents a $16.7 million dollar verdict.

Links

Read about the other cases:

» Joncich vs. New Choice Foods
» Jing-Li vs. Sheng Hsiang Jen Foods Company Ltd.