Legal Definitions - marketing defect

A marketing defect refers to a flaw in a product that arises not from its design or manufacturing, but from the way it is presented to consumers. This type of defect occurs when a product lacks adequate warnings, instructions, or labels, making it unreasonably dangerous to the user, even if the product itself was designed and built correctly.

Essentially, a product has a marketing defect if consumers are not properly informed about its potential risks or how to use it safely, leading to harm.

• Example 1: Household Cleaning Product

  Imagine a powerful oven cleaner sold without a clear warning label advising users to wear gloves and ensure proper ventilation. A consumer uses the product without these precautions, resulting in severe skin irritation and respiratory problems due to inhaling fumes in an enclosed space.

  This illustrates a marketing defect because the product itself might be effective at cleaning ovens, but the manufacturer failed to provide adequate warnings about the necessary safety measures, making the product unreasonably dangerous when used without that crucial information.

• Example 2: Children's Toy

  Consider a children's building block set designed for ages three and up, containing several small pieces. However, the packaging does not include a prominent "choking hazard" warning for children under three. A parent buys the set for their one-year-old, who then chokes on a small block.

  This illustrates a marketing defect because while the toy itself is well-designed for its intended age group, the absence of a clear and necessary warning about the choking risk for younger children makes the product unsafe for a foreseeable misuse or unintended user.

• Example 3: Over-the-Counter Medication

  An over-the-counter cold medicine is sold with instructions that only list the dosage but fail to warn users that it can cause significant drowsiness and impair driving ability. A consumer takes the recommended dose and then drives, causing an accident due to impaired alertness.

  This illustrates a marketing defect because the medication itself is manufactured correctly and effective for treating cold symptoms, but the lack of a critical warning about a common side effect (drowsiness) makes the product unreasonably dangerous for users who might operate machinery or drive after taking it.