When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be.
We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.
Products should not contain health claims unless they are authorized by the FDA. An authorized health claim is one that is backed by strong scientific evidence and that the FDA has approved. Oftentimes, there is emerging evidence that shows that a particular food product comes with a clear health benefit. For example, whole grain oats have been found to reduce the risk of heart disease and lower cholesterol. However, if a company makes a false health claim that is not backed by an appropriate agency, you may be entitled to compensation.
Miraculous Health Claims
A common example is when a company claims that a vitamin can cure cancer or treat a specific disease. If you choose to use this product with the belief that it will treat a particular condition, you might have a legal case against the company when the product does not achieve the desired result.
A product cannot claim to cure a disease. Instead, it can only claim that it will reduce the likelihood of consumers contracting the disease. There cannot be any claims that the product will diagnose, mitigate, or treat a disease.
Qualified Health Claim
The FDA might submit a qualified health claim. This describes to the product manufacturer the exact way that the health claim can be listed on the product. If the company deviates from this, you might have a case for a false product claim and you will want to contact an attorney.
False Advertising
Many companies will choose to exaggerate about their products. For example, some companies might claim that their products are the best in the world. However, some products can cross the line and can be considered a form of negligence.
One way that a product might be negligent is by comparing itself to another product that actually does have proven health benefits. For example, the company might claim that their product has the health benefits of a product that contains whole grain oats while not actually containing these ingredients or containing them in insignificant quantities.
Your Right to Sue
Under the Lanham Act, you are allowed to file a civil lawsuit for false advertising for any advertisement that makes a false claim. However, many product claim cases end up being thrown out of court, and whether the claim is false can sometimes be subjective. Therefore, you will always want to speak with an experienced product claim attorney.
If you think you have a case, contact product claims attorney for help.