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1 Jun 2018
Johnson and Johnson: Yet again under the trial
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To add to various lawsuits against J&J, Ms Joanne Anderson, a regular user of the product claimed to have contacted deadly cancer due to Johnson’s Baby Powder. Presence of asbestos in the body talc without its mention on the product has resulted into Johnson and Johnson giving away $4 million as punitive damages. A day prior to the final verdict, jury awarded a compensation of $21.7 million as it was found that powder was 67% responsible for her Mesothelioma, a type of lung cancer, however later on it reduced to $4 million. The verdict said that the court does not have the power to add or change warning on the label but the company should learn lessons from such incident.

To infer, companies are liable to pay against cases which results purely out of repetitive usage of their products which apparently may seem not to harm them but may end up doing so. Secondly, inappropriate or omission in labelling in the past too have resulted in to several claims as is evident in the mentioned case.

Both the above mentioned incidents can be covered under Commercial General Liability. Apart from them, some of the additional covers the policy comprises are:

  • Designated Products Endorsement– Products designed, manufactured, constructed, installed, distributed, serviced or repaired by or on behalf of the Insured stand covered
  • Batch Clause– All claims arising out of products produced in a single manufacturing run (or batch) will be considered as a single claim
  • Transportation Extension– When products falling under the list of hazardous materials are in transit and result into third party claims are covered
  • Contractors/Subcontractors Extension- Policy to include Contractor/Sub Contractor with respect to any liabilities arising out of the works performed by them for or on behalf of the Insured of conducting the same business activity
  • Advertising Injury-Offenses in connection with the insured’s advertising of its goods or services   like libel, slander, invasion of privacy, copyright infringement, and misappropriation of advertising ideas.

 

Courtesy- https://www.carriermanagement.com

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