Foreward (from the study presentation):

“As societies, we are failing to protect our children from the marketing of products that undermine their health and development. One of the most egregious examples of this is the aggressive promotion of commercial milk formula for babies and young children.

“As detailed in this report, formula milk marketing – powered by enormous budgets and the deliberate misuse of science – is driving over-consumption of formula milk and discouraging breastfeeding. It is also undermining women’s confidence and cynically exploiting parents’ instinct to do the best for their children.

“The consequences for children and families are significant. Consumption of milk formula can adversely affect children’s health, growth and development. It also incurs significant costs for families who can ill afford it.

“Let us be clear: breastfeeding is the best possible source of nutrition for babies. Decades of research continue to reveal its incredible properties for growth, preventing infections, bonding, and brain development. Breastfeeding also supports the health of mothers.

“Formula milk has its place for women and parents who are not able or do not want to breastfeed, often the result of other factors – such as employment – that are not supportive of breastfeeding.

“The International Code of Marketing of Breast-milk Substitutes is a landmark public health agreement passed by the World Health Assembly in 1981. Yet exploitative marketing practices continue in defiance of the Code. Digital media have been used to further amplify the reach and impact of marketing of formula milk. Even during the COVID-19 pandemic, companies continue to prey on parents’ fears to increase sales of milk formula.

“This report clearly lays out the issues at stake and points to the actions needed to protect children and families, from robust domestic legislation, to responding to digital marketing practices, to highlighting the need for broader investments in breastfeeding.

“We owe it to our children to ensure that women and families are protected from unethical marketing practices and are equipped with accurate information and support.”

Read the full report here.

Abbott Laboratories has expanded its nationwide emergency recall of three infant powdered milk products after a second infant has died after using the formula. Originally recalled on February 18, 2022, the formula variations were all produced at Abbott’s manufacturing facility in Sturgis, Michigan, where at least one form of lethal bacteria has been found. The Cronobacter sakazakii is known to cause severe blood infections as well as meningitis.

It was previously reported that plant inspectors had uncovered potential manufacturing problems as well as past records showing the destruction of produced formula due to bacterial contamination. Lieff Cabraser is actively investigating these and other reports of infant injuries and deaths allegedly related to contaminated Similac and other Abbott Labs infant formulas. Learn more on our formal Similac Alimentum, EleCare recall and serious infant injury investigation page.

Since September 16, 2021, reports indicate four infants in Minnesota, Ohio and Texas contracted a Cronobacter infection after consuming baby formula including Similac Sensitive, Similac Pro-total Comfort, Similac Advance and Similac PM 60/40.  One Salmonella Newport infection has also been reported in connection with the outbreak. All five children were hospitalized as a result, and the two infants in Ohio have died.

Read the full news report online on the Daily Mail website.

February 21, 2020, New York—(Businesswire)—The national plaintiffs’ law firm of Lieff Cabraser Heimann & Bernstein, LLP, along with Kozonis & Klinger, Ltd. and Andrus Wagstaff, PC, announce the filing of a federal fraud and deceptive marketing class action lawsuit in the District of Massachusetts on behalf of a class of plaintiffs who purchased Evenflo’s Big Kid Booster car seats. The complaint alleges that the widely and aggressively marketed seats are unsuitable and unsafe for smaller children and do not significantly reduce accident injury risks. The lawsuit seeks to put an end to Evenflo’s improper marketing and sales tactics that put profits above the safety of American children.

According to multiple reports, Evenflo has known since at least 2008 – and potentially earlier – that its Big Kid Booster Seat is not suitable for children under forty pounds and four years of age, nor does it appreciably reduce the risk of serious injury or death from side-impact collisions. Nevertheless, Evenflo aggressively markets the Big Kid Booster as the “the best way to minimize injuries to your child,” and claims that it will “greatly reduce the risk of serious injury to your child in a crash.” As alleged in the complaint, Evenflo knew, even while it was making representations to consumers about the professed safety of its Big Kid Booster, that the seats were not safe, should not be used by children under forty pounds, and provided little to no side-impact protection.

As further alleged in the complaint, Evenflo misled consumers into believing that the Big Kid Booster were “SIDE IMPACT TESTED” and provided side-impact protection without revealing that those representations were virtually meaningless; Evenflo designed its own side-impact tests and yet failed even those lax and forgiving standards. Recently released video shows that those tests unmistakably demonstrated that a child seated in its booster could be in grave danger in side-impact crashes.

The complaint notes that while Evenflo aggressively marketed the Big Kid Boosters to U.S. consumers as safe for children who weigh as little as 30 pounds, Evenflo told consumers in Canada that a child that weighed less than 40 pounds risked “SERIOUS INJURY or DEATH” using the same Big Kid Booster. Evenflo failed to disclose this material safety information to consumers in the United States. Evenflo’s Big Kid Boosters have been recalled three times in Canada, most recently in 2012, for misrepresenting that the booster seats were safe for children weighing 30 pounds or less.

The complaint further details that Evenflo sews a tag onto its Big Kid Boosters prominently labeling them as “SIDE IMPACT TESTED [sic],” and claimed that its “rigorous test simulates the government side-impact tests conducted for automobiles.” These labels and marketing claims misled customers to believe that the Big Kid Boosters provided side-impact protection without revealing that those representations were baseless.

“When aggressive marketing puts children’s lives at risk, it is manifestly unacceptable,” notes Lieff Cabraser partner Mark P. Chalos, who represents the plaintiffs. “This lawsuit is being filed not just to stop Evenflo’s allegedly deceptive sales and marketing tactics, but to protect children and families across the U.S.”

Evenflo has reportedly settled multiple lawsuits with the families of children severely injured in accidents while using the Big Kid Booster going back to at least 2009. One young girl, then three years old and weighing just under 37 pounds, was paralyzed from the neck down while seated in a Big Kid Booster Seat during a side-impact collision. Two other children of similar weight have also sued Evenflo alleging their Big Kid Booster failed to protect them in side-impact accidents. One reportedly suffered a traumatic brain injury and the other suffered internal decapitation, which is the separation of the spinal column from the skull base.

“If consumers had known the truth about Evenflo’s false safety claims, they would never have purchased or used Evenflo Big Kid Boosters,” notes Gary M. Klinger of Kozonis & Klinger, Ltd., who also represents the plaintiffs. “Instead, Evenflo actively and aggressively marketed the boosters in a way that concealed all of this vital information from consumers — wrong on top of wrong in a shocking threat to children’s lives.”

The lawsuit includes claims for violations of state and federal consumer protection laws, unfair competition laws, fraud, fraudulent concealment, breach of express and implied warranties, misrepresentation, and unjust enrichment, and seeks relief including an order enjoining Evenflo from continuing its unlawful conduct, a permanent injunction requiring Evenflo to recall all Big Kid Booster seats still in use, to cease selling the seats as designed or stop all deceptive labeling and marketing thereof, disgorgement of all ill-gotten gains derived from its unlawful conduct, and actual and compensatory damages.

Andrus Wagstaff partner Kim Dougherty, who also represents the plaintiffs, noted, “This corporation must be held accountable for misleading unknowing parents and causing serious injuries to children nationwide.”

Consumers who have purchased Evenflo Big Kid Booster seats and would like to learn additional information or share their experiences can visit 144.202.114.179/evenflo.

Source/Contact

Mark P. Chalos
Lieff Cabraser Heimann & Bernstein, LLP
415 956-1000
mchalos@lchb.com

Gary M. Klinger
Kozonis & Klinger, Ltd.
773 545-9607
gklinger@kozonislaw.com

The threat of dangerous Takata airbags have led to yet another round of vehicle recalls, as U.S. safety regulators have named more than 1.2 million additional vehicle models across 14 different automakers to the Takata airbag recall list. The newest round of ongoing recalls includes Ford, Nissan, Mercedes-Benz, Ferrari, Daimler Vans, Toyota, Tesla, BMW, Fiat Chrysler, Mazda, Subaru, Jaguar-Land Rover, McLaren, and Volkswagen.

Notorious as the largest automotive recall in U.S. history, the defective and potentially deadly Takata airbags have killed at least 21 people worldwide and injured over 180 individuals. The inflators contain a dangerous propellant that can degrade over time and cause the airbags to explode, shooting out metal shrapnel-like debris towards drivers and passengers.

As reported by Mercury News, “The latest recalls are part of the largest series of automotive recalls in U.S. history, with 19 automakers having to recall up to 69 million inflators in 42 million vehicles. The problem brought a criminal conviction and fine against Takata and forced the Japanese company into bankruptcy protection.”

For a full list of the newly added vehicle models added to the Takata recall, visit the Mercury News.

Takata Airbag Recall Lawsuit & Your Legal Rights

Automakers have a legal duty to produce cars and components that are safe, and promptly correct any known safety defects. Lieff Cabraser represents drivers across the U.S. harmed by these air bag defects in lawsuits against Takata. Nearly 34 million vehicles, most manufactured prior to 2009, have been recalled worldwide due to the problem. This is the largest automotive recall to date in U.S. history. These airbags were installed in U.S. and foreign made cars and pickup trucks including in vehicles made by Mercedes-Benz, Ford, GM, Chrysler, Honda, Nissan, Mazda, and BMW, among others.

Owners and lessees of these vehicles are welcome to contact Lieff Cabraser about safety concerns and their legal rights.

Click here to review the list of recalled vehicles with Takata airbags.

Learn more about the Takata Airbag Recall Lawsuits.

Ford Motor Co has alerted owners and lessees of 2006 Ford Ranger pickup trucks to immediately stop driving their vehicles in the wake of a second confirmed 2006 Ranger death seen as having been caused by an exploding defective Takata airbag inflator. Ford is warning all 2,600 2006-year Ranger owners on record to stop driving the vehicles right away and have the affected parts replaced without delay.

The U.S.’s second largest carmaker has had two deaths linked to the Takata airbag defects – one in a July 2017 crash in West Virginia and the other (only just confirmed) in December 2015 in South Carolina. Both deaths occurred with the airbag inflators built by Takata on the same day and installed in 2006 model Ford Ranger pickups.

The Takata airbag defects led to the largest automotive recall in U.S. history, and at least 20 people have died worldwide and over 280 have been hurt from explosions in faulty Takata airbag inflators. The dangerous and potentially deadly airbags can suddenly rupture upon impact and shoot out shrapnel – lethal metal fragments – at drivers and passengers. At least 19 automakers have been affected by the Takata airbag defects, and a myriad of defect-related lawsuits are ongoing.

As reported by Thomson Reuters, “Ford has issued a new recall for automobiles that had been previously recalled in 2016. Of those 391,000 2004-2006 Ranger vehicles, the new recall announced on Thursday affects 2,900 vehicles. These include 2,700 in the United States and nearly 200 in Canada. The new recall will allow for identification of the 2,900 owners in the highest risk pool.”

In addition, the National Highway Traffic Safety Administration (NHTSA) advised owners to heed Ford’s warning. “It is extremely important that all high-risk air bags are tracked down and replaced immediately,” stated NHTSA spokeswoman Karen Aldana.

In June, Takata said that it expected to recall around 125 million vehicles worldwide by the year 2019, with more than 60 million in the United States alone.

Takata Airbag Recall Lawsuit & Your Legal Rights

Automakers have a legal duty to produce cars and components that are safe, and promptly correct any known safety defects. Lieff Cabraser represents drivers across the U.S. harmed by these air bag defects in lawsuits against Takata. Nearly 34 million vehicles, most manufactured prior to 2009, have been recalled worldwide due to the problem. This is the largest automotive recall to date in U.S. history. These airbags were installed in U.S. and foreign made cars and pickup trucks including in vehicles made by Mercedes-Benz, Ford, GM, Chrysler, Honda, Nissan, Mazda, and BMW, among others.

Owners and lessees of these vehicles are welcome to contact Lieff Cabraser about safety concerns and their legal rights.

Click here to review the list of recalled vehicles with Takata airbags.

Learn more about the Takata Airbag Recall Lawsuits.

19 automakers have recalled up to 69 million inflators found in 42 million vehicles. At least 20 people have died worldwide and over 280 have been hurt from explosions in the faulty airbags. The recalled Takata airbags contain a dangerous propellant that can degrade over time and cause the airbags to explode, shooting metal casing debris towards drivers and passengers. The lawsuit charges that Takata knew of the defects in its airbags long before the first recalls and that the auto manufacturers also knew that the airbags were dangerous and even lethal. The litigation is ongoing.

Toyota is recalling an additional 601,000 vehicles, which covers:

• 2009, 2010, 2013 Toyota Corolla, Toyota Matrix, Scion xB, Lexus IS 250 and 350, Lexus IS-F
• 2010 and 2013 Toyota 4-Runner, Lexus IS 250C and 350C, Lexus GX 460
• 2009 and 2010 Toyota Yaris and Lexus ES 350
• 2013 Toyota Sienna

Meanwhile, Honda is recalling 465,000 vehicles and 960 Gold Wing motorcycles, including:

• 2009-2012 Acura RL and Honda Accord
• 2009-2013 Acura TSX, Honda Fit, Honda Ridgeline, Honda Pilot
• 2009-2011 Honda Civic, Honda CR-V, Honda Element
• 2010-2013 Honda Crosstour, Honda Insight, Acura ZDX
• 2011-2013 Acura TSX
• 2013 Honda FCX Clarity and Honda Fit EV
• 2009-2016 Gold Wing motorcycles with optional airbags

Takata Airbag Recall Lawsuit & Your Legal Rights

Automakers have a legal duty to produce cars and components that are safe, and promptly correct any known safety defects. Lieff Cabraser represents drivers across the U.S. harmed by these air bag defects in lawsuits against Takata. Nearly 34 million vehicles, most manufactured prior to 2009, have been recalled worldwide due to the problem. This is the largest automotive recall to date in U.S. history. These airbags were installed in U.S. and foreign made cars and pickup trucks including in vehicles made by Mercedes-Benz, Ford, GM, Chrysler, Honda, Nissan, Mazda, and BMW, among others.

Owners and lessees of these vehicles are welcome to contact Lieff Cabraser about safety concerns and their legal rights.

Click here to review the list of recalled vehicles with Takata airbags.

Learn more about the Takata Airbag Recall Lawsuits.

NHTSA, the National Highway Traffic Safety Administration, notes that the phased recalls began in May 2016 based on previously reported Takata air bag incidents. The recalls are expected to continue through December 2019. At least 20 people have been killed worldwide and more than 180 injured from the defective airbags.

CBS News explains that “Takata uses the chemical ammonium nitrate to create a small explosion and fill airbags quickly in a crash. But the chemical can deteriorate when exposed to high humidity and temperatures and burn too fast, blowing apart a metal canister. That can hurl hot shrapnel into unsuspecting drivers and passengers.”

This is part of Takata’s historically massive recall of airbag devices affecting vehicles dating as far back as 2001. So far, 19 automakers have recalled 43.1 million potentially deadly airbag inflators with 18.5 million actually being replaced – that is only 43% of faulty airbags being repaired. The newly-found defective airbag inflators will expand the recall up to 69 million inflators in 42 million vehicles. The recall will prioritize older models and vehicles in states with high temperatures and humidity.

Takata Airbag Recall Lawsuit & Your Legal Rights

Lieff Cabraser represents drivers across the U.S. harmed by these air bag defects in lawsuits against Takata. Nearly 34 million vehicles, most manufactured prior to 2009, have been recalled worldwide due to the problem. This is the largest automotive recall to date in U.S. history. These airbags were installed in U.S. and foreign made cars and pickup trucks including in vehicles made by Mercedes-Benz, Ford, GM, Chrysler, Honda, Nissan, Mazda, and BMW, among others.

Owners and lessees of these vehicles are welcome to contact Lieff Cabraser about safety concerns and their legal rights.

Click here to review the list of recalled vehicles with Takata airbags.

Learn more about the Takata Airbag Recall Lawsuits.