{"id":13998,"date":"2022-10-09T17:36:26","date_gmt":"2022-10-09T21:36:26","guid":{"rendered":"https:\/\/18fbf770e8.nxcli.io\/?p=13998"},"modified":"2022-10-10T18:21:24","modified_gmt":"2022-10-10T22:21:24","slug":"fda-sounds-alarm-about-nicotine-gummies","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/fda-sounds-alarm-about-nicotine-gummies\/","title":{"rendered":"FDA Sounds Alarm About Nicotine Gummies<\/strong>"},"content":{"rendered":"\n

In a letter of warning to VPR Brands, Food and Drug Administration Commissioner Dr. Robert Califf said the company\u2019s nicotine gummies are \u201ca public health crisis<\/a> just waiting to happen among our nation\u2019s youth, particularly as we head into a new school year.\u201d<\/p>\n\n\n\n

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Picture of a bunch of nicotin gums with some cigarettes on<\/figcaption><\/figure>\n\n\n\n

According to the manufacturer, the tobacco-free products were meant to \u201cempower adult smokers with the tools to use nicotine on their own terms.\u201d But the gummies\u2019 bright colors and fruit flavors like blueraz, cherry bomb, and pineapple could also appeal to kids. VPR Brands bowed to regulatory pressure and withdrew the gummies, but observers fear other similar products may be in the pipeline.<\/p>\n\n\n\n

\u201cThe FDA oversight of these products is not going as fast as it needs to be,\u201d opined American Lung Association Assistant Vice President Erika Sward. \u201cI think until the FDA shows that they\u2019re serious about cracking down on these companies that are coming out with these products, it\u2019s going to continue to be a problem,\u201d she added.<\/p>\n\n\n\n

FDA\u2019s Regulatory Power<\/strong><\/p>\n\n\n\n

Public pressure is a very common FDA tactic. That\u2019s primarily because, in most cases, it\u2019s the only available tactic. The FDA does have the power to suspend marketing activities and statutory authority to take defective medical devices off store shelves.<\/p>\n\n\n\n

A recall may be an inadequate remedy. The FDA only applies public pressure or other adverse action based on concrete evidence of serious injuries. Hundreds or thousands of people have been hurt by the time this agency decides to do something.<\/p>\n\n\n\n

Furthermore, a recall does nothing to compensate the victims of nicotine gummies or other hazardous products. Only a New York dangerous drug lawyer<\/a> can do that.<\/p>\n\n\n\n

Failure to Warn Claims<\/strong><\/p>\n\n\n\n

When a new product hits store shelves, these manufacturers must sell as many pills and\/or gadgets as quickly as possible, to recoup staggering development. To keep demand high, companies may fail to warn consumers about known risks.<\/p>\n\n\n\n

Frequently, manufacturers suppress negative information. That\u2019s especially true regarding serious side-effects, like cancer and heart failure, which are all too common.<\/p>\n\n\n\n

Usually, such data only comes to light after a New York dangerous drug lawyer files a legal action. During a lawsuit\u2019s discovery process, each side has a legal duty to turn over all information in their possession regarding the claims and defenses in such action.<\/p>\n\n\n\n

Other times, companies hide potentially dangerous side-effects on a long list of side-effects.<\/p>\n\n\n\n

Usually, attorneys use failure to warn claims to obtain compensation if the drug or device was properly made yet is still dangerous. If the victim had a pre-existing medical condition that enhanced the danger, maximum compensation is usually still available, thanks to the eggshell skull rule<\/a>.<\/p>\n\n\n\n

Since failure to warn is a negligence claim, various negligence defenses, such as comparative fault, are available.<\/p>\n\n\n\n

Defective Drug Claims<\/strong><\/p>\n\n\n\n

Other drug injury claims hinge on product defects. Generally, companies are strictly liable for injuries their defective products cause. Common product defects include:<\/p>\n\n\n\n