When it comes to monitoring the safety of food and drugs in Kentucky and the rest of the United States, the Food and Drug Administration takes its job very seriously. The FDA executes its role in several different phases to keep Americans safe. This begins with the pre-market launch, which makes clinical testing a necessity. The final stage is post-market launch activities, where the FDA continues to monitor the effect substances have on the population.
Forbes points out that the FDA also receives assistance from product liability laws. These allow civil suits as a result of three different types of cases: legal liability, defective design and defective manufacturing. The main purpose of product liability laws is to discourage manufacturers from knowingly creating products that may cause you harm. However, the overlaps in function or purpose with the FDA can lead to inefficiencies in the system.
To be fair, the government has introduced some measures to prevent overlaps, but they are not always effective. To resolve this, the Forbes article most strongly recommends reducing the power of products liability as a tool that consumers can turn to. However, this may take power out of the hands of consumers. Thereafter, consumers might be wholly at the mercy of government officials.
It is true that products liability encourages companies to sometimes invest more than is necessary to make products safe in an effort to avoid lawsuits. However, the prevalence of recalls and defective products on the market show that these investments are still necessary, however much they may lead to an increase in costs.
Yes, something does need to be done about the inefficiencies of two overlapping systems. However, abolishing products liability laws and taking control out of the hands of the masses may not be the best possible answer. So, is the dual system overkill? That depends on the price you put on safety.
This article provides information on the FDA and products liability. It should not be interpreted as legal advice.