How the Poison Prevention Packaging Act Impacts a Recalled Drug

The makers of Theraflu and Triaminic Syrups have recalled about 2.3 million units because of the risk of accidental poisoning. The child-resistant cap may not function as it’s designed, allowing children to open the bottle and ingest the contents.

Some of the ingredients in these syrups—diphenhydramine and acetaminophen—fall under federal requirements that require they be sealed and packaged in such a way that children cannot open them. These requirements are found under the Poison Prevention Packaging Act (PPPA).

An Overview of the Poison Prevention Packaging Act

The PPPA has specific requirements for the packaging of certain products that could result in accidental poisoning for children under the age of five. The child-resistant packaging must be constructed in a way that young children are unable to open it while still allowing adults to access it.

The following are some of the other drugs that fall under the PPPA:

  • aspirin;
  • naproxen;
  • dibucaine;
  • lidocaine;
  • ibuprofen;
  • drugs/dietary supplements containing iron;
  • minoxidil; and
  • ketoprofen.

Liability Stemming from Improper Packaging of Drug

The manufacturer of the medication could be liable for injuries or death caused by improper packaging. Along with failing to make sure it’s child-resistant, other types of negligence that may lead to injuries could include failing to include adequate warnings or instructions. Packaging that contains the wrong label could also result in manufacturer negligence in a claim.

According to the Centers for Disease Control and Prevention (CDC), approximately 87 people lose their lives as a result of accidental poisoning every year in the United States. An additional 2,277 require treatment in an emergency room.

At the law firm of Gacovino, Lake & Associates we handle dangerous drug claims. If you have been affected by a serious or fatal injury stemming from a defect in the manufacturing or packaging of a medication, call us to set up a consultation: 800-246-4878.

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