Friday, May 21, 2010

laptop batteries RECALL

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):

RecallBat

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

—Nick K. Mandle



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Tuesday, May 18, 2010

Product Recall and Liability

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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Saturday, May 1, 2010

Product Liability in INDIA

Total Recall: product liability in India

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