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Defective product claims could result from mislabeling

West Virginia residents place a great deal of trust in the pharmaceutical industry. Regardless of whether we require prescription medication or simply over-the-counter options, we purchase and consume medical products with very little fear of harm. Unfortunately, that trust was recently undermined by the recall of an over-the-counter pain medication. The matter raises questions of products liability issues as well as defective product claims.

The medicine is sold under the Rugby label, and is marketed as Enteric Coated Aspirin Tablets. The company that manufactures the product, Advance Pharmaceutical, Inc., issued a recall of the medication. The recall was prompted by a consumer complaint that a bottle of the medication that was labeled as 81mg aspirin tablets actually contained 500mg acetaminophen tablets.

Consumers who take the tablets can encounter serious medical problems, including severe damage to the liver. The label on the bottle advises users to take as many as 48 tablets within a 24 hour period. However, because the contents of the recalled bottles contain a different medication, users who take 48 tablets would be consuming around six time the daily recommended dose of acetaminophen.

These types of mistakes are serious, and can lead to considerable harm. West Virginia consumers trust that the medications they turn to for relief will perform as intended. In this case, customers who purchased Rugby coated aspirin may have gotten more relief than they sought, and some may have been placed at risk of serious liver damage. While the medication contained within these bottles may be considered a defective product under the traditional definition, the matter certainly falls under the umbrella of products liability law.

Source:, "Rugby Enteric Coated Aspirin Tablets Recall," June 20, 2013

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