CC Brief 2

CC Brief 2 - Richard Leander Ferebee Jr et al v Chevron...

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“Richard Leander Ferebee, Jr., et al. v. Chevron Chemical Company, Appellant.” No. 831106 (1983). Lexis Nexis Academic Legal Research. Web. 3 March 2010. This court case addresses the issue of adequate labeling. In this court case, Chevron, the defendant, is being tried for “failure to label paraquat in a manner which adequately warned that long-term skin exposure to paraquat could cause serious lung disease” (1532). The jury decided that Chevron should be responsible for the wrongful death count for $60,000. Chevron fought back in the court of appeals, however the judgment was upheld. The important contribution of this case comes from the Chevron’s response to the claim that they should be held responsible for failing to properly warn of the effects of their product. Chevron claimed that they had no knowledge until this case that long-term dermal exposure to paraquat could result in serious lung disease such as pulmonary fibrosis; however their knowledge was confirmed to have been prior to some of the exposures of the plaintiff, thus constituting their argument to be a lie. Then, it is important to assess their labeling procedures. Although their labels read warnings against the dangers of exposure to this chemical, it does not “persuasively suggest” that the consumer should be concerned of other possible consequences of exposure, such as chronic lung conditions. Thus the average reader of the label would presume minimal danger of the product because it is not clearly labeled to have such serious, long term consequences, just that there
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CC Brief 2 - Richard Leander Ferebee Jr et al v Chevron...

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