PRODUCT RECALL - ISO/PC 240

2011-05-08T22:43:00.001-07:00

PLI India

2010-07-31T02:02:00.000-07:00

Despite the growing trend of product recalls globally, Indian companies don’t have a comprehensive strategy to tackle the threat, with a majority still dependent on the traditional product liability cover, according to insurance experts.

Even as more Indian manufacturers exporting goods to the overseas markets opt for the product recall insurance plan, insurance experts say the time has come for India Inc to look at this policy as a ‘risk management tool’ and not as a mere obligation.

“Given the legal framework in India, there are limited damages slapped by consumers on to the manufacturers,” feels Shashwat Sharma, director at KPMG Advisory Services, adding that “the product has a great future with the consumer market becoming more sensitive to safety standards and regulatory provisions more stringent.”

In India, as it stands, most companies opt for product liability insurance that insures their liability against third party claims and bodily injuries. But they tend to overlook product recall cover that protects them against recall costs, consultancy fees, lab expenses, re-work and replacement costs, plus brand equity loss in case of a defective product.

The business for this product comes from sectors such as auto ancillary, food and beverages, pharma, telecom and electronics. “Majority of this demand is driven by contractual requirements, mostly from contracts of manufacturers with US and European entities,” says Ritesh Kumar, chief executive of HDFC ERGO General Insurance. On the other hand, multinationals have the recall cover built into their global progammes. Some of them seek cover locally to the extent of deductibles under those policies.

Over the last decade, US-based Food and Drug Administration (FDA) has triggered several recalls in the food and pharmaceutical industry as witnessed in the cases of Indian companies, Sun Pharmaceutical and Ranbaxy Laboratories. In recent times, carmaker Maruti Suzuki too faced a similar situation when it had to recall 100,000 A-Star cars for faulty parts.

Incidentally, this was not the first time the four-wheeler manufacturer was in a spot, in the beginning of the millenium the company had recalled 76,000 Omni vans. Earlier, even global biggies such as Honda and Nokia had to recall their products owing to defective parts. Insurance brokers say safety apart, a recall severely hurts a company’s reputation in the market.

“The repercussions are widespread. And that’s where the potential lies for this product,” says Sanjay Kedia, country head of Marsh Insurance Brokers. Even Rajive Kumaraswami, head of risk and reinsurance at ICICI Lombard General Insurance agrees. He says gradually owing to increased awareness, companies are waking up to cover their domestic sales too.

The product recall insurance, which was introduced in the Indian market as an extension under the product liability insurance, has evolved as a standalone product over the years. General insurers say the new recall liabilities arising from pollution and transportation has given rise to the newer comprehensive general liability policy that has practically replaced the traditional model of the product liability cover with extension for recall.

“There is also a demand for loss of stock due to recall. The product contamination cover which has its genesis in the food and beverage industry—chocolates and colas—has also triggered the demand for this cover,” says RK Kaul, chairman and managing director of Oriental Insurance.

Moreover, within this product, general insurance companies are now selling different types of recall covers—namely first party and third party recall. In India, the demand is primarily for the third party recall, as auto components and equipment parts form a major part of the export pool.

The pricing of this product has so far remained stable for the last few years and is a function of various underwriting considerations like the industry type, products territory where products are being sold, turnover of company, limits of liability being purchased. Insurers typically charge about 1-1.5% as premium of the limit of liability.

General insurers expect the rates to increase as globally there has been an increase in the frequency of claims reported on this cover. And since product recall is not an off-the-shelf cover, insurance brokers say if companies can negotiate with general insurance companies they can avail themselves of maximum possible triggers of recall covered under the policy.

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Infant foods, malpractices in Advertising

2010-07-08T23:49:00.000-07:00

nfant and Young Child Nutrition:

Pursuing gross violations of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act,1992 in the following cases:

Johnson and Johnson for advertising their feeding bottles in 1993
Johnson and Johnson for offering one bottle free for every dozen of feeding bottles sold by the retailers in 1993
Johnson and Johnson for having offered 5% discount on all their products, which included a feeding bottle in a leading departmental stores in Mumbai- 1993
Johnson and Johnson, Lintas, the advertising agency and Shoppers Stop have all tendered a written apology for it. Johnson and Johnson decided to stop manufacture of feeding bottles in India since June 1996.
Nestle for violating the labelling requirements - 1993. While Nestle has modified its labels as Mother’s milk is best for the baby and to start complementary foods after six months of age, the case is still going on in the Supreme Court.
Wockhardt for using the brand name Dexolac for all its baby's health products including infant milk substitutes, and infant foods. The company has tendered a written apology for the same and agreed to discontinue use of the brand name Dexolac for products other than infant milk substitutes and feeding bottles- 1994.
Preventing sponsorship of a Scientific programme by Nestle on 13th October 1996 at Jaslok hospital.
Babuline Pharma pvt, Ltd for advertising Babuline gripe water and displaying a feeding bottle on Alfa cable channel- November 2000
Aarey for promoting its milk with a feeding bottle –March 2001
Star India Ltd for showing a feeding bottle in the advertisement to promote Kaun Banega Crorepati- May 2001.
Eventus Management Pvt. Ltd for using the picture of a feeding bottle in their promotional campaign for ‘Bouncing Babies Mumbai December 2001.
Raptakos Brett and Company Ltd for offering free sample of Lactodex Starter Formula to Doctors in June 2002
Wockhardt Limited for offering free tin of Dexolac Special Formula to doctors and healthworkers.
Mahananda Dairy for depicting a mother feeding her baby with a feeding bottle in their advertisement to promote Mahananda Cow’s milk which was issued in ‘Dainik Lokmat’ a marathi daily-October 2002.

Drugs and Pharmaceuticals:

acash along with the All India Drug Action Network (AIDAN) was successful in its campaign to boycott companies manufacturing harmful combination drugs eg; Chloramphenicol and Streptomycin.

acash brought to the attention of the High Court about indiscriminate promotion of high dose Oestrogen-Progestron combination. acash was successful in getting a stay order passedon the sale of injectable of high dose E.P. combination. The court instructed the Central Government to ban the drug. Initially the tablets were banned followed by the injections on future litigation and intervention by acash.

acash highlighted the fraud perpetrated by Apollo Hospital, Hyderabad by claiming to cure Retinitis Pigmentosa-1993.

The apparent punitive transfer of FDA Commissioner who ordered closure of Glaxo India Ltd for 10 days for non-disposal of sub-standard drugs was challenged by acash in the High Court in 1993.

On the order passed by the court, the company admitted to its mistake and closed the company for the demanded period of ten days.

Legal Cell:

The legal cell set up by acash is the only one of its kind in India. It has provided a ray of hope to the consumers of health services. The cell has helped acash to address and process complaints of medical negligence under the Consumer Protection Act. Our experience shows that the number of people approaching acash has increased four fold. acash receives cases from all over India. So far acashhas processed about 350 cases. Medical negligence has been proved in 79 cases related to surgery, orthopaedics, gynaecology, opthalmology among others. A few of the cases have been settled mutually between the doctors and the patients as an out of court settlement.

Bombay Nursing Homes Regulation Act:

acash was invited by the Directorate General of Health Services, Maharashtra to discuss and deliberate on enforcement of the Clinical Establishment Act. acash had offered certain recommendations to the Act. acash has been included to be a part of the sub-committee to review the definitions and clauses in the proposed Act.

In August 2002, a meeting was again called to review the definitions and clauses of the Act. The sub-committee has offered comprehensive suggestions to the definitions and clauses of the Act. The Government has agreed to include consumer organisations while constituting a ‘Competent Authority’ and an ‘Apex Body’ under the proposed Act.

Tobacco Control :

Constant lobbying by acash with the Government has led to the passing of The Cigarettes and other Tobacco Products (Prevention of advertisement and regulation of trade and commerce, production supply and distribution )Act, 2003.

Public Interest Litigation against Gutkha:

The PIL filed by acash in the larger interest of public health and safety praying for directions/orders to the Union Government to completely ban the production, manufacture, distribution, sale, storage and import of Gutkha and Panmasala has been admitted in the Bombay High Court on 7th January,2004 . In the PIL , acash as an alternative has sought directions and orders to prevent all forms of advertising, promotion and publicity of these harmful products. The petition also seeks to include the warning against Gutkha in the labelling requirements as defined in the Prevention of Food Adulteration Act, 1954.

Advocating for other Public health and safety issues:

acash filed a petition to bring to light the bad maintainence of post-mortem rooms and wrong disposal of dead bodies thereof. The committee appointed by the High Court has made recommendation regarding improvement of post-mortem rooms. The Government has given a one year period to implement the recommendations put forth by the committee.

A study conducted among traffic policemen by the Indian Institution of Sciences prompted acash to file a writ petition in 1999 in the High Court demanding protection and regular monitoring the health of the traffic policemen and regulation of the pollution levels in the city. This has triggered off the landmark judgement insisting on strict PUC certification of the city cabs.

In order to improve the quality of Eye banking in the country, acash filed a petition in the High Court demanding registration of eye banks based on appropriate rules and regulations. Responding to this the Court has directed the State Government to request the concerned central ministry to frame these rules

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PATIENTS RIGHTS AND RESPONSIBILITIES

By Dr. Arun Bal, President, ACASH

Health is a subject closer to everybody’s heart. Improvement of one’s health and health of one’s family is a universal aspiration. However health has been always given a low priority status in the nation’s political and social agenda. With the increasing privatization of the health care services in the country, the state is slowly abdicating its responsibility to provide health care to the people. Medical profession contributes to the healthcare to the extent of only 25-30%. Approximately 70% input in the health care is by various sectors like the pharmaceutical industry, hospitals, blood banks etc. This 70% inputs are mostly managed on a commercial basis and therefore patient as a consumer must have certain rights. These rights of a patient as a consumer are more important than the rights of a general consumer because patient usually has very little choice in the treatment.

WHAT ARE PATIENTS RIGHTS?

Patients rights emanate from human rights, constitutional rights, civil rights, consumer rights, codes of ethics of medical and nursing profession. The Indian Constitution bestows certain rights on the citizens. One of them is Right to life. Right to a healthy life is an integral part of the Right to life. WHO’s definition of health includes physical, mental, social, environmental and spiritual aspects of health. Any threat to health care must be considered as denial of the Right to Life. Basic optimal health care is the right of every Indian citizen and it is the responsibility of the state to provide it. The Government in the country has legislated certain laws to protect the citizens. Some of these are, The Drugs and Cosmetics Act, The Medical Council Act and The Consumer Protection Act. The codes of ethics of medical and nursing councils define the duties of the doctors and nurses towards the patients. Thus these duties form the basis of patient’s rights.

These codes of ethics are based on various international codes like The Nuremberg Code, The World Medical Association’s Declaration of Geneva, The World Medical Association’s Declaration of Helsinki, The World Medical Association’s Code of Medical Ethics, Declaration of Tokyo etc. There are certain rights which are for certain special category of patients for e.g.; handicapped /disabled persons. Certain healthy persons also need the cover of patients rights. This category includes women taking various contraceptive pills, healthy persons who undergo vaccination, healthy persons who volunteer for drug trials etc. Thus rights of patients cover a wide spectrum of ill as well as healthy persons.

WHAT PRECAUTIONS SHOULD PATIENTS TAKE TO PROTECT THEIR RIGHTS?

In India there is very little perception about the rights of the patients even amongst the educated persons. Therefore blatant violation of patient’s rights is a routine occurrence. However the situation can be changed if every citizen takes certain precautions while undergoing treatment or while taking drugs/vaccines etc.

1) In case of surgical treatment or invasive investigations and procedures, please make sure that you have understood the nature of the operation. You have the right to know the details of the surgery as well as the details like the expected time of post-operative recovery, expenses likely to be incurred for the surgery, the risks involved, whether there is any non-surgical treatment for your ailment etc.

2) Please make sure the details are understood by you before you sign the consent form. The consent form should be in your mother tongue or the language known to you.

3) At the time of discharge, please make sure that you have been given copies of all the relevant records. As per the decision of the Bombay High Court (Raghunath Raheja v/s Maharashtra Medical Council), every patient or his legal heirs have the right to get the copies of all the case papers on payment of relevant charges.

4) At the time of discharge from the hospital, please make sure that you have received the bills for all the payments made by you. You have the right to get details of the bill like details of drugs administered to you, the details of investigations etc.

5) In case of any treatment, you have the right to ask for a second opinion. However, the second opinion should be taken ONLY with the consent of your physician.

6) If you have any doubts about the treatment you should request the doctor to clarify them. Doctor-Patient communication is of vital importance for the success of any treatment.

7) Please make sure that the doctor has given you all the instructions for the medicines prescribed. You have the right to get all the relevant information about the drugs prescribed to you.

8) In case of invasive/costly investigations, you have the right to know of the alternatives as well as the necessity of the investigations.

9) As a patient, you have the right to take second opinion and/or change the doctor. However, this right should be exercised very judiciously and cautiously. ‘Doctor Shopping is not in the interest of consumers and can cause serious harm due to irregular treatment.

10) Please always preserve all the bills of the purchase of medicines.

11) If you have any complaints about the treatment/investigations/drugs etc., first approach the concerned doctor/hospital. Many times the complaints are due to misunderstanding and failure in communication. These can be resolved at the local level. Many hospitals have their own patient redressal cell. You must first approach such Patient Redressal Cell.

12) If you find that your complaint remains unresolved, then please write down

Your grievance giving all the relevant details in a sequential format and take the advice of a Consumer Organisation in your area before taking any legal action. Please remember that most of the times the complaints can be resolved at the hospital level.

13) In case of substandard drugs, preserve the drug packages with labels/cartons/boxes etc. The complaints about the drugs have to be lodged with the local Food and Drugs Administration.

14) If you are participating in any trial for drugs/therapeutic devise/treatment protocol, you have the right to refuse to participate in the trial. Please make sure that you have understood all the details like duration, risks involved, the expected complications etc. Also make sure that the doctor/hospital conducting the trial has agreed to treat completely any complication arising out of the trial, free of cost. Please make sure that the consent form includes all the details.

15) As a patient you have to expect the medical record pertaining to your illness be treated as confidential. If the details are to be used in a medical conference, please make sure that your consent has been obtained by the doctor/hospital.

16) In case of HIV positive patients, the details can only be disclosed with the patient’s permission. You have to be vigilant to see the HIV reports are not disclosed to the employers/friends/other unauthorized persons.

AVENUES FOR REDRESSAL OF PATIENTS COMPLAINTS

MEDICAL COUNCILS:

Medical Councils are statutory bodies created by an Act of the Parliament/legislature to monitor/govern the medical profession. The council has only ethical jurisdiction. The council cannot give compensation to the complainant or punish the doctors. The only punishment the councils are empowered to give is to cancel the registration either temporarily or permanently. The complainant has to file the complaint with the registrar of the Council and file a specific declaration as per the prescribed format. The council’s executive committee holds the preliminary hearing to find out the prima facie veracity of the complaint. At this meeting only the complainant and the doctor against whom the complaint is filed are allowed to present their sides. Lawyers are not allowed to be present. If the executive committee finds prima facie truth in the complaint, then the full council hears the case. The council meets only twice in a year. Therefore the complaints are not resolved speedily. Also the preliminary hearing is heavily weighed against the complaint who is usually a non medical person. Therefore councils have been very ineffective in resolving the complaints of consumers of healthcare.

CONSUMER COURTS:

The complaints against the medical profession can be filed in the consumer courts. The complaint should be written on a simple paper giving all the details and the compensation demanded. These courts can only give compensation.

Following are the monetary limits of compensation that can be granted by the consumer courts

District Consumer Court

Up to Rs 20 lakh

State Commission

Rs 20 Lakhs to Rs 1 Crore

National Commission

Above Rs 1 crore

All the complaints against the doctor and the hospitals should have an expert certificate/opinion from the doctors of concerned speciality, stating that the complaint is prima facie true and needs further investigations. In the absence off such certificate the complaints against the doctors/hospital are usually not admitted. Therefore the consumers must have all relevant medical records. The expert opinion can be obtained with the help of Consumer Organisation in your area. ACASH along with the Forum for Medical Ethics (FME) has formed an expert panel to help the consumers. It must also be remembered that a fine of Rs 10,000/- can be imposed on the complainant under the Consumer Protection Act if the complaint is found to be vexatious/false. Though the Consumer Protection Act has time limit of 120 days for disposal of cases, in reality, the cases take anywhere between 2 to 3 years for disposal.

CIVIL COURTS:

The redressal of the patient’s complaints through the civil courts is lengthy, time consuming and many times counterproductive. There is a tremendous backlog of cases and the cases take anywhere between 10 to 15 years to complete.

CRIMINAL COURTS:

The redressal of the complaints under criminal law is not very common and recourse to this method should be taken only in exceptional cases.

RIGHTS OF THE PATIENT

Right to considerate and respectful care.

Right to information on diagnosis, treatment and medicines.

Right to obtain all the relevant information about the professionals involved in the patient care.

Right to expect that all the communications and records pertaining to his/her case be treated as confidential

Right to every consideration of his/her privacy concerning his/her medical care programme.

Right to expect prompt treatment in an emergency

Right to refuse to participate in human experimentation, research, project affecting his/her care or treatment.

Right to get copies of medical records

Right to know what hospital rules and regulations apply to him/her as a patient and the facilities obtainable to the patient.

Right to get details of the bill.

Right to seek second opinion about his/her disease, treatment,etc.

RESPONSIBILITIES OF PATIENTS:

To faithfully undergo the agreed therapy.

To follow the doctors instructions diligently.

To take necessary preventive measures in case of infectious diseases as per the doctors instructions.

To be aware that doctors and nurses are also human beings and are amenable to mistakes and lapses.

To make the payment for the treatment, wherever applicable, to the doctors/hospital promptly.

To respect the autonomy of the doctors and nurses.

To treat doctors and nurses with respect.

To be punctual to attend the clinics/hospital/dispensary for the treatment at the given time.

To preserve all the records of one’s illness.

To keep the doctor informed if the patient wants to change the hospital/doctor.

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a TALL Story by COMPLAN - Caveat Emptor

2010-07-08T22:42:00.000-07:00

MUMBAI: Maharashtra's Food and Drug Administration (FDA) has filed a chargesheet in the Mazgaon metropolitan magistrate's court against health drink Complan's advertising claim that it can add two inches to children's height.

The FDA's chargesheet names seven officials of Heinz India Pvt Ltd in its petition dated May 3, 2010, clearly stating the offence as "an exaggerated advertisement on television channels about food article Complan". The company denied any knowledge about the case.

In an email response, Heinz India officials said, "We are not aware of any such complaint having been filed. We stand by our claim and would defend the same with appropriate research study." But FDA joint commissioner (food) C B Pawar told TOI that a month-long investigation had preceded the filing of the case.

What adds an interesting dimension to the case is the medical movement behind it. The mother who worries about her son being teased "half-ticket" appears to have incensed pediatricians. In fact, the movement began over 30 years ago when paediatrician Dr R K Anand -- also known as India's own Dr Spock for his parenting tips -- took on the MNC's might for suggesting that branded milk products could transform your infant into a "bonnie, bonnie baby".

In the late 1970s, Anand along with like-minded doctors formed the Association for Consumers' Action on Safety & Health (ACASH) and moved the Indian government into formulating the Infant Milk Substitute Act to stop using pictures of babies on tins and packs that could lure mothers to buy the products.

Cut to 2009, when after being flooded with queries from too many mothers about Complan's claims to add two inches, Anand decided to act again. He got in touch with doctors from the Indian Academy of Pediatrics, one of whom fished out the research paper on which Complan has based its ad campaign. A detailed analysis -- on email -- between doctors from various cities followed, thus providing adequate meat for the FDA to act.

"We moved the FDA in November 2009 with our case, stating that there was a clear violation of the Prevention of Food Adulteration Act," said Anand.

ACASH again got in touch with FDA -- through enquiries under the Right to Information -- to find out the action taken on their report. It is only on Wednesday -- months after filing an appeal to the original RTI application -- that they got a copy of the FDA chargesheet.

According to the chargesheet, a copy of which is with TOI, FDA has complained against Heinz India Pvt Ltd in the chief metropolitan court, Mazgaon, for violating the provisions of the Prevention of Food Adulteration Act 1954 and Rules. Seven officials of the company have been named in the chargesheet.

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RAPEX - lack of TRACEABILITY

2010-06-26T20:34:00.000-07:00

Home > Policies > Trade > Multilateral trade

TRADE Consumer safety

Rapex undermined by lack of traceability

By Jim Brunsden

16.04.2009 / 05:09 CET

Problem is acute for Chinese products as investigators unable to pinpoint manufacturers.

Lack of product traceability is undermining Rapex, the EU's rapid alert system for dangerous consumer products, according to a report to be published by the European Commission on 20 April. The problem is acute for Chinese products, the report says, and as a consequence the authorities in China are not able to take action on almost half of the alerts signalled to them.

The report says that Chinese authorities investigated 599 cases of dangerous products exported to the EU market between September 2006 and August 2008, but that 49% of investigations led to no remedial action, “mainly because of the lack of available information about the Chinese manufacturer or exporter”.

The report says: “Identification of the responsible Chinese companies remains the biggest challenge.” Measures in the other cases included halting exports and enhanced supervision.

Serious risk alerts

Rapex is used by national authorities to notify each other of dangerous products and measures that they have taken to restrict their use or sale. Set up in 2004, it covers most consumer products, although food, medical devices and pharmaceuticals are covered by other systems. Products of Chinese origin accounted for half of all Rapex alerts in 2008 involving “serious risks” to health and safety, according to the report.

The Commission report says that one in ten of the alerts sent out by Rapex concerns “products that pose a serious risk and whose country of origin is unknown”. It says that improvements in traceability can be expected from recently adopted EU legislation on product marketing in the EU, but that “significant efforts” are still needed internationally. An EU-China-US trilateral meeting in November agreed to explore co-operation on product traceability systems, it says.

Growing disparities

Despite an overall increase in use of the system (there were 1,866 notifications in 2008, an increase of 16% compared to 2007), there are growing disparities across member states in the use of the system, the report shows. The authorities in Germany, Spain, Slovakia, Greece and Hungary made 50% of all notifications in 2008 of products posing a serious risk; the top five countries in 2007 accounted for only 44%. Toys were the product most frequently notified in 2008, accounting for 32% of alerts, followed by electrical appliances (11%) and motor vehicles (10%).

TOY BEARS But toys manufactured in China pose dangers to European consumers. REUTERS

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Product Liability - the LAW in INDIA

2010-06-24T23:58:00.000-07:00

Product Liability law in India

LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA

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.

Civil Product liability in India is, essentially, governed by

a) The Consumer Protection Act, 1986

b) The Sales of Goods Act, 1930

c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the “MRTP Act”)

d) The law of Torts.

e) special statues pertaining to specific goods

The laws relating to product liability, in India, have been constantly evolving, by way of judicial interpretations and amendments, to become one of the most important socio-economic legislations for the protection of consumers. The legislation, in respect of product liability in India, though was enacted to protect the interest of consumers but the same was, earlier, construed narrowly, thereby frustrating the object sought to be achieved. The trend, however, has changed in the recent times with the Courts adopting a pro-consumer approach. The Courts, in India, have now started awarding compensation and damages which are more punitive than compensatory in nature.

In Wheels World vs. Pradeep Kumar Khurana MANU/CF/0280/2002 the complainant, a doctor by profession, complained to the respondent about deficiency in service in not repairing, free of charge, a technical fault, which occurred during warranty period, in his new Montana car and then not delivering the same for a period of 4 years. A sum of Rs. 30, 000/- with interest @ 18% per annum from 2/7/1988 to 7/5/1992, was awarded as compensation, in favour of the complainant for his suffering, both professionally and otherwise, on account of non availability of car for a period of 4 years. Further interest, at the same rate for the same period, was also awarded on an amount of Rs. 82, 000/-, being the price of the car as well as an amount of Rs. 55, 00/- towards costs and, last but not the least, an amount of Rs. 50, 000/-, which was deposited by the Respondent on account of stay of imprisonment, was also awarded to the petitioner.

The product liability law, in India, apart from the civil liability, also imposes criminal liability in case of non-compliance with the provisions of each of the below mentioned Acts. The said Acts are in addition to and not in derogation of any other laws in force, which implies that an action imposing penal liability can be simultaneously initiated along with a claim under civil law. Some of these are special Acts pertaining to sale of specific goods such as food, drugs, cosmetics etc.. The provisions of these enactments are preventive in form , though the relief envisaged is an action for breach in civil or criminal court.

· The Foods Adulteration Act, 1954

· The Food Safety and Standards Act, 2006

· The Drug & Cosmetics Act, 1940

· The Indian Penal Code, 1860

· The Standards of Weights and Measures Act, 1956

· The Agricultural Produce (Grading and Marking) Act, 1937 for marking and grading of commodities like vegetables, butter, etc.

· The Indian Standards Institution (Certification Marks) Act , 1952 to formulate a number of standards for different products by ISI

· The Bureau of Indian Standards Act , 1986

Each of the aforesaid Acts provides for imposition of fine and/or imprisonment in case of supply of defective products or adulterated consumables.

The Food Safety and Standards Act, 2006 is the most recent legislation which comprehensively deals with food and safety standards which are to be complied with by manufacturers and producers, non-compliance of which imposes a liability, upon defaulters, of fine, extending upto Rs. Ten Lakhs and/or imprisonment.

The provisions of Indian Penal Code (IPC), on the other hand, in respect of product liability, are attracted when the element of cheating and fraud can be attributed to such defects. For example, in the case of Smt. Uma Deepak v. Maruti Udyog Ltd Ors (2003) CPJ 90(MRTP) the Complainant alleged that the car sold by the opposite party was not only accidental but the price, for the same, was also overcharged. The Court, in response to the allegations made by the complainant, directed arrest of the Directors as well as the manager of the dealers/agents who sold the said defective car to the complainant and remanded them to judicial custody. Subsequent thereto, the said officers of the opposite party were released on bail and were directed to replace the disputed car with a new car.

Provisions of IPC are also attracted to provide punishment to offenders for false weights and measures , adulteration of goods ( food, drugs etc -6 months imprisonment, fine of 1000 rupees or both), and false property marks ( one year imprisonment, fine or both). The period of limitation as per Section 468 of the Criminal Procedure Code is 6 months if offence is punishable with fine only , and one year if offence is punishable with upto one year imprisonment and three years if offence is punishable with imprisonment of above one year and upto three years.

The provisions of the Standards of Weights and Measures Act, 1976 are attracted in case of any false packaging, weight or measure which does not conform to the standards established by or under the said Act and breaches the mandatory declaratory requirements on a package. If any mandatory declaration is found missing on the package a fine of upto 2000 rupees shall be levied as per Rule 39 of the Standards of weights and measures packaged commodity rules.

The Drugs and Cosmetic Act, 1940 also provides for criminal liability for manufacturers and producers of medicinal products or cosmetics etc, which do not adhere to the prescribed standards.

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Product recall and INSURANCE in INDIA

2010-06-24T20:42:00.001-07:00

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EU - FREE earch

2010-06-14T01:28:00.000-07:00

go here

R&TTE Directive

2010-06-14T01:25:00.000-07:00

European Commission

English (en)

Enterprise and Industry

R&TTE

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Notified Bodies for R&TTE Directive, go here

the LAW on Product Liability in GERMANY

2010-06-14T01:20:00.000-07:00

Use Standards

Home > EC Directives > Product Liability

Product Liability

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Product Recall forum

2010-05-22T05:05:00.000-07:00

Recall Alert: 2007-2008 Dodge Ram 2500 and 3500 with Cummins Diesels (12/16/08)
TruckTrend Magazine - USA
Following 14 reports of engine-bay fires, Chrysler is recalling 108,429 2007-2008 Dodge Ram 2500 and 3500 pickup trucks equipped with the 6.7L Cummins diesel engine. The fires were caused by sagging noise insulation material coming into contact with the diesel's exhaust-gas recirculation cooler. more

Class Action Lawsuit Filed Over Behr Toxic Plume (9/5/08)
NewswireToday, Dayton, OH, USA
The suit demands that defendants Behr America, Inc., Behr Dayton Thermal Products, LLC and Behr Dayton Thermal Plant LLC, and Chrysler, LLC, make restitution for damages to residents caused by toxic underground fumes from the plant. more

2008 Dodge Charger, Magnum, Chrysler 300 Recalled (7/19/08)
Edmunds.com/Inside Line - Santa Monica,CA,USA
The federal government says 5,509 2008 Dodge Chargers and Magnums, along with some 2008 Chrysler 300 vehicles, are being recalled for a problem that was first spotted in March on a 2009 Dodge Challenger pilot vehicle undergoing prelaunch evaluation at Chrysler's Chelsea Proving Grounds. The torque retention crimp feature "was missed" during the manufacture of one lot of rear axle hub nuts on the affected cars. more

Chrysler Expands Jeep Stalling Recall (5/7/08)
Consumer Affairs - USA
Chrysler is expanding the recall of Jeep Commander SUVs to repair engine stalling that has endangered scores of Jeep owners. The National Highway Traffic Safety Administration (NHTSA) reported that the automaker has now recalled 24,461 2006 Jeep Commanders to reprogram automatic transmission software in Jeeps equipped with the 4.7 liter engine. more

Government upgrades investigation of 2002-2003 Jeep Liberty (4/22/08)
The Associated Press
The government has upgraded an investigation into Chrysler LLC's Jeep Liberty following reports of drivers losing control of their sport-utility vehicles. The National Highway Traffic Safety Administration said it has received 22 complaints of the upper ball joint separating on either of the front wheels. The problem can lead to the front wheel collapsing, more

US: Tyre monitor-related recall for Chrysler Sebring and Dodge Avenger (4/12/08)
Automotive World (subscription) - London,UK
...recall for a combined 180,963 units of the Chrysler Sebring and Dodge Avenger models is to take place from mid-April. more

Chrysler Recalls Sebrings, Avengers (4/8/08)
Consumer Affairs - USA
Chrysler is recalling 180,963 2007 to 2008 model year Sebring and Dodge Avengers that are equipped with the standard tire pressure monitoring system. The wiring in the system can corrode causing a short circuit, according to the National Highway Traffic Safety Administration (NHTSA). more

Limited Recall to Repair Jeep Stalling Epidemic (3/4/08)
Consumer Affairs - USA
Chrysler is recalling 1,338 of the 2008 Jeep Grand Cherokee and Commander SUVs to repair a stalling problem in the vehicles. more

Feds Probe Fire Hazard in Chrysler Pacifica (2/26/08)
Consumer Affairs - USA
...National Highway Traffic Safety Administration (NHTSA) reported the fires may be related to a faulty power steering seal. more

As airbag recall process drags on, crash kills another driver (10/22/07)
Kansas City Star - MO,USA
A bureaucratic back-and-forth dragged on for months after the March 2005 death of Brooke Katz, pulled from the wreckage of a new Dodge Caravan. Were the airbags defective? Was a safety recall in order? In the time it took federal safety regulators and DaimlerChrysler to explore those questions, another woman would die. more

Jeep Wrangler, Dodge Nitro Recall (7/6/07)
InjuryBoard.com - Tampa,FL,USA
Daimler Chrysler is recalling 80,894 -- 2007 Jeep Wranglers and Dodge Nitro vehicles to reprogram an automotive defect in the power module, after receiving multiple consumer complaints about power loss to the engine... more

Chrysler to Recall Jeep Wrangler, (7/3/07)
Wall Street Journal - USA
Chrysler said NHTSA has received about 180 complaints of engine stalling in Wrangler and Nitro vehicles, with one accident reported... more

Consumer group slates dodgy cars (7/3/07)
BBC News - UK
The Chrysler 300C, on the other hand, suffers from poor safety specifications, which "don't stand comparison with its luxury-car rivals" ...more

NHTSA probes Chrysler's Jeep Wrangler for engine stalls (6/5/07)
MarketWatch - USA
DETROIT (MarketWatch) -- U.S. safety regulators opened a preliminary investigation into the Chrysler Group's 2007 Jeep Wranger after receiving complaints of engine stall at highway speed... more

270000 Chrysler Vans Recalled With Faulty Airbag Problems (5/19/07)
InjuryBoard.com - Tampa,FL,USA
DaimlerChrysler is recalling 270,958 minivans in the United States to fix faulty air bag sensors. Corrosion may be causing some air bags not to deploy when needed. Those on the list are the 2005 Town and Country and Dodge Caravan minivans... more

Chrysler Recalls 400000 Minivans (5/15/07)
InjuryBoard.com - Tampa,FL,USA
Chrysler told the National Highway Traffic Safety Administration (NHTSA) that brass brushings on the sensors could potentially corrode and crack on the... more

Chrysler recalls 271000 minivans to repair air bags (5/11/07)
Chicago Tribune - Chicago,IL,USA
The automaker will begin sending letters to dealers and owners in July, according to NHTSA's Web site. There have been no reported injuries or accidents... more

Chrysler Group recalling 270000 minivans to fix airbag sensors (5/11/07)
Autoblog - Santa Monica,CA,USA
We've included a list of the 20 states affected after the jump along with the recall report from the NHTSA. DaimlerChrysler will notify owners in each state... more

Feds Investigate Land Rover Driveshaft Complaints, PT Cruiser Glass Problem (4/10/07)
Edmunds.com/Inside Line - Santa Monica,CA,USA
(NHTSA) announced on its Web site that it has opened a preliminary investigation into complaints of driveshaft failures on some Land Rover Range Rover models from 2002-'04. At the same time, NHTSA says Chrysler Group will begin recalling 38,500 PT Cruisers next month to replace rear-quarter glass with defective fasteners... more

DaimlerChrysler Pays $55 Million In Wrongful Death Suit (3/8/07)
TruckTrend Magazine - USA
...to an ongoing NHTSA investigation, it chose to issue a 'voluntary recall' of the Dodge Dakota in 2000 to install a "fix" that its safety office knew... more

Toyota's recent quality problems (1/5/07)
Edmunds.com/Inside Line - Santa Monica,CA,USA
Reuters reported that car maker DaimlerChrysler's premium Mercedes arm said on Tuesday it would recall almost 130000 vehicles in Germany due to possible... more

DaimerChrysler to Pay $1.2 Million for Mercedes Pollution ... (12/24/06)
FOX News - USA
...In response to the investigation, Mercedes began voluntary recalls for two of the... at an estimated cost of about $59 million, the justice department and EPA said... more

DaimlerChrysler to pay for Clean Air violation (12/22/06)
Los Angeles Times - CA,USA
...In response to the EPA's investigation, Mercedes began voluntary recalls for two defects and notified owners that it would extend warranty coverage for a third... more

NHTSA announces recalls of some Chrysler, Ford vehicles (11/30/06)
WZZM - Grand Rapids,MI,USA
AP. The largest recall involves almost 128-thousand Chrysler Pacificas from the 2005 and 2006 model years. The crossover vehicles... more

Feds Order Recall to Fix Faulty Volvo Speed Controls (11/29/06)
Consumer Affairs - USA
...NHTSA also ordered DaimlerChrysler's Chrysler Group to recall 128,000 Pacifica sport utility vehicles because of a problem with the software governing the fuel... more

Feds Order Recall to Fix Faulty Volvo Speed Controls (11/27/06)
Consumer Affairs - USA
...NHTSA also ordered DaimlerChrysler's Chrysler Group to recall 128,000 Pacifica sport utility vehicles because of a problem with the software governing the fuel... more

US: Chrysler and Ford recall 130,600 vehicles (11/26/06)
Automotive World (subscription) - London,UK
...Safety Administration (NHTSA) has announced vehicle recalls affecting about 130,600 vehicles, according to the Associated Press. The recall includes 127,928... more

Volvo recalls 360,000 cars for speed control bug (11/24/06)
Reuters - USA
...Chrysler dealers will reprogram the power train controls and relace the fuel pump on certain cars as part of the recall, the NHTSA said in its recall notice... more

Volvo, Chrysler and Ford recall vehicles (11/23/06)
Daily Breeze - Torrance,CA,USA
...electronic throttle module may cause the vehicles to unnecessarily go into "limp home" mode, in which the vehicle's speed is limited to 10 to 30 mph, NHTSA said... more

Chrysler, Ford Vehicles Face US Recall (11/23/06)
Wall Street Journal (subscription) - New York,NY,USA
...1 to Sept. 30, 2004, NHTSA said... The original manuals do not contain required warning information about the higher risk of rollover in an SUV, NHTSA said... more

NHTSA announces recalls of some Chrysler, Ford vehicles (11/23/06)
WLNS - Lansing,MI,USA
The largest recall involves almost 128-thousand Chrysler Pacificas from the 2005 and 2006 model years. The crossover vehicles have... more

Chrysler, Ford Vehicles Face US Recall (11/22/06)
Wall Street Journal (subscription) - New York,NY,USA
...1 to Sept. 30, 2004, NHTSA said... The original manuals do not contain required warning information about the higher risk of rollover in an SUV, NHTSA said... more

Crash-test scores, drug costs, fantasy football toy, Dodge recall, ID theft (09/10/06)
STARWATCH CONSUMER
Kansas City Star - MO,USA
Chrysler said it would recall 145,099 of its 2006 Dodge Ram 1500 pickup trucks to fix the passenger air bag and seat belt... more

Chrysler recalls Dodge Ram 1500 pickups (09/07/06)
Detroit Free Press - United States
...Chrysler Group, a division of DaimlerChrysler AG, said the air bag system may not be compatible with some rear-facing child seat models if the passenger seat... more

Dodge Durango probe upgraded (09/03/06)
Business news in briefs
Detroit Free Press - United States
...because of instrument-panel fires, the same problem that led to a recall in December 2003. More...

Chrysler in the hot seat (08/26/06)
NorthJersey.com - Hackensack,NJ,USA
Davis suffered third-degree burns, and several skin grafts and hospital stays later, and he has medical bills totaling roughly $1 million. He and five other paraplegics have filed lawsuits against the Chrysler Group, claiming severe burns from heated seats in Grand Cherokees. Chrysler denies the claims but has settled three cases and, in June, it recalled 111,000 Grand Cherokees to replace their seat heaters...more

Chrysler Group plagued by surge in recalls (08/22/06)
Jackson Clarion Ledger - Jackson,MS,USA
...nine problems under review, an action that typically ends an NHTSA investigation... Chrysler issued its largest recall of the year last month, for defective ball... more

Chrysler experiencing rash of recalls (08/22/06)
The News Journal - Wilmington,DE,USA
...of stalling engines, puncture-prone fuel tanks and... an action that typically ends an NHTSA investigation... to 2003, saying consumers have reported fires under the... more

Chrysler plagued by surge in recalls (08/22/06)
Detroit Free Press - United States
...Chrysler's recall notice to the NHTSA said that the company received its first complaint about the seats in January 2005... more

Mercedes M-Class SUV Recall (5/23/05)
Consumer Affairs - USA
The National Highway Traffic Safety Administration said DaimlerChrysler AG is recalling 7,191 of its 2006 model-year Mercedes M-class sport-utility vehicles... more...

Failed airbag in '94 pickup subject of $150k suit (5/20/05)
Madison County Record - Edwardsville,IL,USA
A driver whose airbag failed to deploy in a one-car rollover accident is suing DaimlerChrysler and Auffenberg Ford for more than $150,000 in St... more...

Police investigating another fatal crash (5/20/05)
CFCN - Calgary,Alberta,Canada
...The 55-year-old woman in the Chrysler was wearing her seatbelt but was ejected from the vehicle and died at the scene... more...

Chrysler Group Orders Voluntary Recall Of 70,000 Minivans (4/12/05)
KGO - San Francisco,CA,USA
11 (AP) -- DaimlerChrysler AG's Chrysler Group on Friday announced a voluntary recall of about 70,000 model year 2003 Dodge Grand Caravan and Chrysler Town... more...

Chrysler to Recall 70,000 Minivans (4/11/05)
ABC News - USA
The automaker, a unit of DaimlerChrysler AG , said the voluntary recall results from a liftgate latch which could become stuck... more...

Chrysler to recall 70,384 minivans to fix latches (4/9/05)
MarketWatch - USA
NEW YORK (MarketWatch) -- DaimlerChrysler AG's (DXC) Chrysler Group will recall 70,384 minivans to fix the electric module that controls the latch on the... more...

Chrysler Group orders minivan recall (4/8/05)
BusinessWeek - USA
DaimlerChrysler AG's Chrysler Group on Friday announced a voluntary recall of about 70,000 model year 2003 Dodge Grand Caravan and Chrysler Town... more...

Daimler Chrysler to recall Mercedes E, S class cars here (4/4/05)
Economic Times - India
MUMBAI: Daimler Chrysler, the world's biggest maker of luxury cars, has begun notifying its customers in writing about the recall programme in India... more...

Lawyer Responds to Daimler Chrysler Blaming Consumer Lawsuits for ... (3/16/05)
PR Newswire (press release) - USA
In a recent speech to the Detroit Economic Club, Daimler Chrysler CEO Dieter Zetsche blamed consumer safety litigation for impeding the American auto... more...

110,000 vehicles hit by Mitsubishi Fuso recall (2/2/05)
Expatica - Netherlands
TOKYO - DaimlerChrysler AG's Japanese offshoot, Mitsubishi Fuso said on Wednesday a total of 110,000 trucks and buses were subject for recall due to defects... more...

Ford recalls over 200,000 vans (10/13/04)
Big Three automaker Ford announced that it is recalling 234,208 Econoline vans sold in North America for repairs to an electronic unit that controls the anti-lock brakes. 2003 and 2004 Econoline models are affected by the recall. The unit can potentially short out and present a fire hazard, although no accidents or injuries have yet been reported as being linked to it.

The recall follows a spate of recalls since the beginning of 2004 at Big Three auto-makers. General Motors, on the heels of a 824,000-car recall in January, announced in February 2004 that it was recalling 1.8 million cars due to a problem with their ignition system that could potentially start fires, as well as 636,000 SUVs due to a defective part. The company also announced a recall in August of 32,000 Chevrolet Aveo cars due to a potential problem with the car’s rear seat belts. DaimlerChrysler announced in July that it would recall 20,000 cars due to safety concerns regarding battery cable connections, safety belts, and child seat anchors. more.

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CE Marking Liability

2010-05-22T04:54:00.000-07:00

Who is liable for a product?
Since the introduction of European product legislation and CE marking, product liability has become a very important factor for the manufacturer, exporter or importer in conducting trade in Europe. The central element of European product legislation is user safety.

If damage or injury is sustained from a particular product, the user may hold the manufacturer, authorized representative, agent or importer responsible. European legislation in the area of product liability allows users of products to claim damages as the result of an injury. All manufacturers, exporters and importers have a responsibility to ensure that the products they place on the market are safe. European product liability legislation provides instruments and enforcement for users who want to claim damages.

It is therefore necessary for parties involved in the placing of products on the European market to reach contractual agreements in order to cover liability issues.

Liability aspects should be covered not only in the CE marking administrative requirements such as the declaration of conformity, Technical Construction File and user manual, but also in the sales contract.

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defective goods LIABILITY in INDIA- the LAW

2010-05-22T04:47:00.000-07:00

Product Liability law in India

LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA

Civil Product liability in India is, essentially, governed by

a) The Consumer Protection Act, 1986

b) The Sales of Goods Act, 1930

c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the “MRTP Act”)

d) The law of Torts.

e) special statues pertaining to specific goods

· The Foods Adulteration Act, 1954

· The Food Safety and Standards Act, 2006

· The Drug & Cosmetics Act, 1940

· The Indian Penal Code, 1860

· The Standards of Weights and Measures Act, 1956

· The Agricultural Produce (Grading and Marking) Act, 1937 for marking and grading of commodities like vegetables, butter, etc.

· The Indian Standards Institution (Certification Marks) Act , 1952 to formulate a number of standards for different products by ISI

· The Bureau of Indian Standards Act , 1986

Each of the aforesaid Acts provides for imposition of fine and/or imprisonment in case of supply of defective products or adulterated consumables.

The Drugs and Cosmetic Act, 1940 also provides for criminal liability for manufacturers and producers of medicinal products or cosmetics etc, which do not adhere to the prescribed standards.

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Product Liability Claims

2010-05-22T04:32:00.000-07:00

Accident Claims Specialists

We are the leading personal injury claims specialists in the UK. We guarantee that all of our clients keep 100% compensation and we process accident claims under our completely free No Win No Fee * policy - meaning you will pay absolutely nothing to claim.

Accident claims can be made for a variety of accidents, ranging from road accidents to accidents at work. We can help people through the accident claims process if they have been involved in an accident through no fault of their own, offering no obligation, expert service that is second to none. Importantly, our clients will never be liable to bear any of the costs - that's guaranteed.

So, if you have suffered an accident in the last three years call our free phone helpline on0800 0199 299 to speak to a member of our fully trained legal team. Or simply submit your details on our brief online claim form and we will contact you very shortly.

Accident Types

Accident at Work Claims

Many people suffer injury at work through no fault of their own.
At Accidents Direct we help people get compensation for injuries sustained at work.

Car Accident Claims

If you were involved in a road accident through no fault of your own, whether as a driver, passenger or pedestrian, you could be entitled to claim compensation.

Medical Negligence Claims

Medical negligence claims can include wrong prescriptions, a delay in diagnosis which resulted in an injury or misdiagnosis of an illness or disease

Trip & Slip Claims

It is the responsibility of local authorities to maintain footpaths and roads. If you have been injured due to a failure in this duty, you may be entitled to receive compensation.

Public Liability Claims

Accidents in public can occur in a variety of places, and usually arise from simply being in the wrong place at the wrong time.

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laptop batteries RECALL

2010-05-21T22:55:00.000-07:00

May 21, 2010

HP adds to list of recalled laptop batteries

If you own an HP laptop, you may have seen the recall of defective batteries the company issued one year ago. Even if you checked your battery's status then, you'll want to do so again. HP just updated its list of the batteries it says can overheat, posing a fire or burn hazard. If you own one of the affected batteries—it could be the original battery that came with your laptop or a replacement—HP will replace it free of charge.

You can find the notebook model number on the underside of your laptop. The battery bar code is located on the battery itself.

Here's an updated list of HP's recalled batteries ("^" indicates a number, character, or letter):

Think you own a recalled battery? You can validate it and order a replacement at the bottom of this page.

—Nick K. Mandle

TAGS: Co

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Product Recall and Liability

2010-05-18T22:59:00.000-07:00

10 ADVANTAGES OF ALTERNATIVE MEDICINE AND NATURAL REMEDIES

1. Alternative Medicine Tends To Support The Innate Healing Processes Of The Body More Than Mainstream Medicine
Everyone, even young children, know that the human body has an innate ability or tendency to heal itself. For years, mainstream medicine has tended to ignore or to work against this reality. Many of their treatments actually suppress the innate processes the body uses to cleanse itself of sickness, disease or condition. In some cases it may be necessary to intervene in what the body may be doing in response to disease, illness, conditions or injuries. However, in general, the body knows precisely what to do and is programmed to instinctively heal itself.

One of the common philosophies in alternative medicine is to use treatments that aid, facilitate and strengthen the body’s innate healing processes in their efforts to restore health and balance. To work with, rather than against, the self-evident innate healing process, whenever possible, makes sense and has demonstrated countless successes.

2. Alternative Medicine Tends To Treat Causes Rather Than Symptoms
Mainstream medicine tends to treat symptoms rather than address the underlying causes of diseases or conditions. Mainstream doctors generally have their dominant treatments, medicines and practices that relatively limit experimentation with individual patients. Alternative medicine tends to have more liberty to experiment and apply different treatments, and often experiment until they get results. In general, their treatments are typically very safe and often natural. (Alternative medicine practitioners often do and should earn income from their practices and products; but could it be that there is much more money in symptom management in the mainstream camps?)

3. Alternative Medicine Tends To Embrace And Work With The Subjective Realities Of The Mind, Belief, Expectation, Emotions, Attitude, etc. Of The Whole Person
Mainstream medicine has for decades tended to dismiss the powerful realities and roles that belief, expectancy and emotions play in health and healing. Double-blind tests and objectivity are often highly necessary and important. However, belief, expectation and other factors are also important and powerful when it comes to health and healing. The internal, subjective experience of a subject is crucial and cannot be denied. Many people today are aware that the human mind and imagination hold unrealized potential in many areas, including health and healing. Consider the amazing experiments, results and fun that have been attained from hypnosis — by the belief of the mind. In education, whether a student can or can’t do a given task, is often determined by his or her level of belief and expectation. This is known as “self-fulfilling prophecy.”

In the medical field, it has been effectively demonstrated that a single thought (with emotion) can dramatically affect a subject’s white blood cell count which is crucial to the immune systems and healing. In subjects who were asked to think of an experience that caused them some sort of negative feeling, their white blood count almost immediately went down from the baseline count. In the same subjects, when asked to think of something positive, their white blood cell counts almost immediately sky rocketed far above the baseline.

It has also been demonstrated that laughter can enhance the white blood cell count, healing endorphins and functions of immune system. Even the Good Book reveals that being happy is good like a medicine (Proverbs 17:22). Mainstream medicine, for years, has tended to ignore or discount such subjective experiments. Objectivity is often important, but to deny and investigate without acknowledging the subjective experience — is to deny or ignore reality.

4. Alternative Medicine Is Not Dependent Upon Patented Drugs
Mainstream medicine tends to support and is highly dependent upon the pharmaceutical industry, which often uses unnatural substances. Apparently, substances that are naturally-occurring cannot be patented. From what I understand, this is generally why the pharmaceutical companies tend to create their own substances, so they can obtain patents and so gain higher profits. Again, some medications are necessary and beneficial. But, again, consider the many once “approved” drugs that have been recalled due to harm and even deaths. Consider the many potential side-effects they list in the ads of drugs currently on the market. (Uh, no thanks . . . I’d rather keep my disease!)

Alternative medicine is not generally into patenting their substances, or at least is not as dependent upon patents. And their treatments are typically safe when used correctly, or are natural. Yes, even “natural” substances can be unsafe, but they must be used appropriately. Alternative treatments aren’t always successful. But often treatments can easily be modified or changed until something does work.

5. Alternative Medicine Tends To Have A Broader Perspective Of Health and Healing, Allowing More Flexibility and Adaptability When Treating Patients
Mainstream medicine tends to be limited in its approaches and treatments, generally staying solely with medical school practices. How many times have you heard of a doctor giving up on a patient and sending them home to die? Yet, alternative medicine has many types of treatments, and is credited with actually healing a good percentage of patients in the late stages of diseases (after their mainstream doctors had given up on them). Jim’s doctor had given him only 6 months to live; but after he started the alternative, natural treatment for his emphysema, his lungs became 70% clear in only six weeks. And this was revealed and stated by his doctor who had given up on him.

Again, alternative medicine treatments aren’t always effective. But they have demonstrated much more effectiveness than some of mainstream medicine’s treatments. After his doctor told him he had only six months to live, Jim had no hope; and hopelessness has been linked to early deaths. Without hope, it has been observed, the mind and body tend to weaken and slowly shut down, thus bringing on death sooner. Once Jim first heard about the treatment that later saved his life, he began to have hope. Hope wasn’t really necessary with the treatment that he used (as it has been used successfully on people who had little or no expectation of it). However, hope was enough to get him to try it and take action.

Alternative medicine has a broader perspective, approach and adaptability than does mainstream medicine. Thankfully, mainstream medicine in recent years is more accommodating of alternative medicine; they sometimes now refer to it as “complimentary medicine.” Many alternative therapies will not conflict with mainstream medicine treatments so they can often be used along with mainstream treatments.

6. Alternative Medicine Fundamentally Embraces The Now-Known Reality That Good Nutrition, Balancing And Cleansing The Body Is Fundamental To Health And Healing
For decades, mainstream medicine in general has tended to downplay and even sometimes mock the importance of nutrition, balancing and cleansing the body. Yet, properly nourishing, balancing and cleansing the body has demonstrated many times that this combination can greatly assist the body in healing itself. Now, after years of alternative assertions as to the importance of these, even many mainstream practitioners are now eating healthier, taking nutritional supplements, exercising, and balancing and cleansing their own bodies personally.

Mainstream medical students, at least in the past, receive relatively few hours of training in nutrition as compared with the many hours of their other medical training. This seems to reveal that mainstream medicine has not tended to value the importance of how critical properly nourishing and cleansing the body is to general health and healing. (A crazy thought: If society was much healthier in general from better nutrition and cleansing, maybe we would need less of the not-so-healthy drugs of mainstream medicine.) Of course their other medical training is important. However, in recent years, it is great news that even mainstream medical sources are now realizing the extreme importance of good nutrition as alternative practitioners have asserted for decades.

Now, more and more people are being educated by alternative medical knowledge. We as a society are realizing the common sense knowledge that cells need proper nutrition to be healthy, that the functions of the body need to be balanced, and that, as the processes of food are being converted into energy, toxins (the by-products that accumulate in the cells) are major contributors of disease and adverse conditions. As an automobile needs appropriate fuel, the systems need to be in tune (balanced) (i.e., clean spark plugs), and the exhaust needs to be effectively released — so too our bodies to be maintained. With nutrition, balancing and cleansing as important as they are now generally known to be to health and healing, it would be wise to be open to the professional knowledge of someone who is knowledgeable in these areas.

One woman totally healed herself of breast cancer, and much of her “treatment” was getting excellent nutrition. (Incidentally, this woman was and is a mainstream medical doctor who once worked in a mainstream hospital.) The more you learn about and live proper health principles, which are the natural tendency of life — you may find you need medicine and doctors appointments less and less. Proper nutrition, cleansing and exercise are foundational to alternative medicine.

7. Alternative Medicine Practitioners Are Generally Highly Informed About The Treatments They Prescribe Or Administer As Opposed To Mainstream Doctors Who Are Often “Educated” By Pharmaceutical Sales Representatives About Their Latest Approved Drugs
As many new approved pharmaceutical drugs are released on the market each year, mainstream medical doctors tend to know relatively little about them, especially if the doctors have been out of medical school for years. Doctors are now typically educated about the new drugs by the respective pharmaceutical company’s sales representatives. Alternative medicine doctors or practitioners are typically very educated about the treatments they prescribe, administer or suggest.

8. Alternative Medicine Tends To Avoid Dependency On Treatments
Again, the human body instinctively and naturally tends to try to heal itself and to get itself back to homeostasis, health, wholeness, and ease (as opposed to “dis-eased”), externally and internally. A disease, illness, condition, ailment or injury is a health crisis. It seems that the role of any medicine should be to get the body out of a state of health crisis as soon as possible. Yet, mainstream medicine tends to create a dependency upon a medication. This is basically symptom management. Alternative medicine’s primary purpose is, in general, to get the body out of a health crisis as soon as possible, and eliminate or minimize dependency.

9. Alternative Medicine’s Treatments, Especially Natural Remedies, Often Can Remedy More Than One Disease, Illness, Condition or Symptom At The Same Time
Many alternative treatments, especially natural remedies, can remedy more than one disease, condition or ailment at a time. Diseases, conditions or ailments at the causal levels can often manifest themselves with multiple symptoms. When a disease or condition is treated at the causal level, or the body is effectively supported, oftentimes — multiple symptoms have been known to reduce or disappear. When the immune system or affected organs are strengthened, it is common sense that they would be stronger in general to fight off other forms of disease, illness or conditions.

From the one treatment Jim did for only about six weeks that reversed his emphysema, he also experienced the disappearance of a second major adverse condition he had suffered from for years: arthritis. Doing this treatment was the only thing he changed in his life-style during that time, so it was highly likely the treatment got the credit. (In fact, he never quit smoking.) This is but one example multiple healings from a single alternative treatment or remedy.

10. Alternative Medicine’s Treatments Can Often Be Done Without Medical Oversight And Knowledge Can Empower Individuals and Families To Improve Their Own Health
Many alternative treatments, especially natural remedies, can be done without medical intervention, oversight or prescription. A great thing about alternative medicine is that you can learn much of it on your own just by reading what qualified sources have to say. This can lead to less dependency upon medicine and incurring medical expenses. Many alternative medicine doctors and practitioners actually practice a philosophy of educating their patients to need them less in the future.

______________________

It generally takes initiative and effort to think and learn about alternative medicine and remedies. This requires personal responsibility … which is why the majority of people would prefer to not expend the time and energy to learn for themselves, thus often relying blindly upon their doctors. However, as is consistent with life, the long term effort of personal responsibility and gaining knowledge pays bountiful rewards.

I hope this article has encouraged and excited you to begin or continue your personal discovery of the value, validity and advantages of the many areas and successes of alternative medicine.

About the Author

The simple treatment Jim used can be found in an e-book, entitled, How I Beat Emphysema and COPD in Six Weeks!

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2010-05-16T23:10:00.000-07:00

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Product Liability in INDIA

2010-05-01T22:46:00.000-07:00

Total Recall: product liability in India

25 Apr 2010, 0322 hrs IST,Aman Dhall,ET Bureau

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Product Liability law in India

LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA

Civil Product liability in India is, essentially, governed by

a) The Consumer Protection Act, 1986

b) The Sales of Goods Act, 1930

c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the “MRTP Act”)

d) The law of Torts.

e) special statues pertaining to specific goods

· The Foods Adulteration Act, 1954

· The Food Safety and Standards Act, 2006

· The Drug & Cosmetics Act, 1940

· The Indian Penal Code, 1860

· The Standards of Weights and Measures Act, 1956

· The Agricultural Produce (Grading and Marking) Act, 1937 for marking and grading of commodities like vegetables, butter, etc.

· The Indian Standards Institution (Certification Marks) Act , 1952 to formulate a number of standards for different products by ISI

· The Bureau of Indian Standards Act , 1986

Each of the aforesaid Acts provides for imposition of fine and/or imprisonment in case of supply of defective products or adulterated consumables.

The Drugs and Cosmetic Act, 1940 also provides for criminal liability for manufacturers and producers of medicinal products or cosmetics etc, which do not adhere to the prescribed standards.

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TOYOTO recall in BRAZIL

2010-04-24T23:43:00.000-07:00

Toyota To Recall 100,000 Corollas In Brazil: Reports

Last Updated: 2010-04-24T16:56:22+05:30

Toyota is recalling about 100,000 Corolla model cars in Brazil over acceleration problems.

The report was released by a consumer protection group after discussion with the Japanese automaker.

The recall came just after the Brazilian ministry Minas Gerais ordered a ban on the sales of the best-selling car in the country over safety threat.

Meanwhile, Toyota said it would review the condition of the vehicles' floor mats that had been projected as the prime reason for several accidents.

"The recall is aimed at safeguarding the health and safety of Brazilian consumers," said the advocacy group in a statement.

Toyota "will inform consumers (of the recall) in the coming days," it added.

As per the Minas Gerais ministry, nine Toyota Corollas in the state were involved with accelerator problems. The automaker said that the problems were caused by badly-installed driver-side floor mats.

Meanwhile, several rating agencies have downgraded the automaker, questioning over its product quality.

This is a fresh recall in the saga where the auto giant’s profitability is sure to be hurt.

Recently, the Japanese company also agreed to pay a fine of 16.4 million dollars for hiding for at least four months accelerator pedal problems blamed in more than 50 deaths in the US.

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Total Recall: product liability in India

Product Liability law in India

LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA

Civil Product liability in India is, essentially, governed by

TOYOTO recall in BRAZIL