Law Offices of Brian Turner LLC

Archive for January, 2010|Monthly archive page

J&J Announces Major Tylenol Recall

In Legal News on January 16, 2010 at 10:00 am

Johnson & Johnson has issued a major recall for many of its over-the-counter products.  The products are tainted by a chemical used to treat wooden pallets that leached into the air at the company’s facility in Puerto Rico.  This chemical caused the drugs to have a moldy smell and has caused stomach discomfort, nausea and vomiting in people using the products.  The Food and Drug Administration has found that reports of the problem were first made to the company in 2008, and has sent a warning letter for failing to report the problem to the FDA in a timely manner.

The products involved in the recall include certain batches of extra strength Tylenol, children’s Tylenol, eight-hour Tylenol, Tylenol arthritis, Tylenol PM, children’s Motrin, Motrin IB, Benadryl, Rolaids, Simply Sleep, and St. Joseph’s aspirin.  For more information about the recalled products, including lot numbers and recalled batches, please see http://www.mcneilproductrecall.com

Jefferson County to Pay Cost of Occ Tax Refunds

In Uncategorized on January 15, 2010 at 1:58 pm

On January 15, 2010, Judge David Rains entered an Order requiring the Jefferson County Commission to deposit $1.1 million into the occupational tax settlement fund to cover the cost of refunds to the taxpayers.   Judge Rains found that the County had claimed that it did not have the resources to process a refund and that the system put in place was the most cost effective.

Judge Rains further held that the County had been allowed to spend over $600 million in occupational taxes that were collected between the date the Alabama Legislature repealed the occupational tax and the date of his January 12, 2009 Order enforcing the repeal.  Judge Rains states, “The equities of this case do not support or justify any further waiver of the County’s obligations to the taxpayers who are due refunds under this Court’s Order of January 12, 2009.  The County owes the taxpayers a refund and the cost of administering that refund should be borne by the County.”

Further, Judge Rains ordered the County to deposit $2,450,547.92 for interest that has accrued under his January 12, 2009 Order, and further ordered that interest on the total amount owed back to the class, $47,812,627.95, shall accrue interest going forward at $15, 719.22 per day until the matter is resolved and refunds can be made.

The County has recently appealed Judge Rains’ latest orders and the Alabama Supreme Court has entered an expedited schedule for the parties to file briefs with the Supreme Court on those issues.

Children’s Jewelry Recall

In Uncategorized on January 14, 2010 at 11:26 am

The U.S. Consumer Product Safety Commission announced it is opening an investigation into The Associated Press’s findings that China’s low cost jewelry makers have been using cadmium in children’s jewelry.  Cadmium is shiny, strong and malleable at low temperatures, but has significant health hazards. Cadmium is a known carcinogenic. An investigation by AP found that 12 of 103 pieces of mainly Chinese-made children’s jewelry bought in the Unites States contained at least 10 percent cadmium, some in the 80-90 percent range. Two had less than 10 percent and the rest had none. The AP’s investigation has triggered retail superstore Wal-Mart, and the jewelry and accessory store Claire’s to pull all items cited by the investigation.

In all, China shipped about 1.3 million pounds of jewelry abroad in 2008 — a 15 percent decrease from the previous year, according to the Hong Kong-based consulting firm Global Sources. The Minneapolis Star Tribune (1/12) editorialized, “Efforts to protect Americans from contaminated products need to focus beyond cadmium.” Congress “also needs to bolster the safety of American-made products. The nonpartisan General Accounting Office has called for an overhaul of the toothless Toxic Substances Control Act, concluding that it emasculates federal regulators to the point that ‘the nation lacks assurance that human health and the environment are adequately protected.” The Star Tribune endorses legislation to reform the Act.

The children’s jewelry in question includes “The Princess and The Frog” movie-based pendants sold at Wal-Mart stores.  For more information, please see: http://www.msnbc.msn.com/id/34807662/ns/health-kids_and_parenting/

Follow

Get every new post delivered to your Inbox.