The Legal Anatomy of Product Bans to Protect the Public's Health

22 Pages Posted: 3 Oct 2014

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Megan Scanlon

Arizona State University (ASU) - Sandra Day O'Connor College of Law

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.

Suggested Citation

Hodge, James G. and Scanlon, Megan, The Legal Anatomy of Product Bans to Protect the Public's Health (2014). Annals of Health Law, Vol. 23, No. 2, 2014, Available at SSRN: https://ssrn.com/abstract=2503539

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Megan Scanlon

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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