The Legal Anatomy of Product Bans to Protect the Public's Health
22 Pages Posted: 3 Oct 2014
Date Written: 2014
Abstract
The vast array of products available to American consumers can be used or consumed safely. There are products, however, that pose significant threats to individual and community health and safety even when used as intended. Some of these products kill thousands of people each year (e.g.,tobacco, alcohol, salt, guns) or lead to long- or short-term physical and mental disabilities (e.g., lead-based paints, asbestos).
Others present less significant risks to most users (e.g., caffeinated beverages). Some products are inherently dangerous only in the hands of certain consumers (e.g., children’s toys). And some products with known, sometimes significant risks (e.g., prescription and over-the-counter drugs) are sold lawfully because their benefits outweigh their potential for harms to intended users.
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