Advertising & Product Liability


Advertising & Product Liability

In India, Product liability law, also called “products liability”, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective.

Marketing problems are not related to the product per se. Rather, a marketing issue often relates to how advertising depicts the safe use of said product. When there is a major difference between the marketing and the reality of a product’s safety, this could be ground for a product liability lawsuit. This could arise from –

  • Failure to warn – which occurs when the product’s marketing fail to warn of potential hazards.
  • Misleading Ads – In these cases, the marketing for a product may make it seem safe to use in certain situations, yet there are hazards involved in using the product as depicted.
  • False Claims About a Product – False or misleading claims about a product could result in consumers using it in a manner that is not intended.

Product liability lawsuits can be quite complicated, especially in these cases involving marketing and advertising companies rather than designers and manufacturers. Having an experienced attorney on your side is essential for a strong case.