What is Misbranding?

December 14, 2012

In some product liability cases, a product causes an injury because it was misbranded. According to the US Food and Drug Administration, some of the main ways misbranding can occur include:

False and misleading labeling. If the labeling is deceptive, untrue or leaves out important safety information, the product may be misbranded. Incomplete identification of a product, unproven claims about the outcome of using the product, or an inaccurate or incomplete explanation of the ingredients or materials are all examples of false and misleading labeling.

Labeling does not give you the instructions you need to use the product safely. Medications, for example, must contain dosing information, as well as warnings about drug interactions or if the medication is dangerous if taken by a child and can result in a pharmaceutical injury.

Label must tell you the name and location of the manufacturer, packer or distributor.

Required information about the product must be displayed prominently in the labeling.

What Is Misbranding or Mislabeling?

The above misbranding examples help define the problem, but there are many other aspects of misbranding. Essentially, you must have accurate, comprehensible information about a drug, medical device or product. If the device or product is labeled or branded falsely, and you were injured as a result, you may have a product liability claim. Devices and products must meet certain standards and requirements, otherwise you – as the consumer – can be seriously injured.

To learn more about product liability cases associated with misbranding or mislabeling from our attorneys in Philadelphia, please contact Wapner Newman to schedule a free consultation.