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Zittrain Torts Playlist Spring 2013

Emery v. Federated Foods, Inc.

Headnote

Aside from manufacturing and design defects, should courts hold manufacturer's liable for a failure to warn customers of the risks involved in the use of a product? Plaintiff was a toddler who choked on marshmallows manufactured by the defendant, and thereby suffered severe brain damage. The bag the marshmallows came in had no labels identifying marshmallows as a choking hazard for young children. The plaintiff did not claim that the marshmallows were improperly manufactured or designed. Rather, the plaintiff claimed the defendant should be liable for failure to warn consumers that marshmallows are a choking hazard for young children.