Experimenting with the Consumer: The Mass Testing of Risky Products on the American Public

Experimenting with the Consumer: The Mass Testing of Risky Products on the American Public

by Marshall S. Shapo

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Overview

Experimenting with the Consumer: The Mass Testing of Risky Products on the American Public by Marshall S. Shapo

Experimenting With The Consumer exposes the hazards of the mass-market experimentation in which every American consumer and worker is unwittingly tapped for product risk data by manufacturers, scientists, and regulators. Vioxx, Heparin, Avandia, Paxil, fen-phen, estrogens, silicone implants, pacemakers, formaldehyde in FEMA trailers, 60 buckyballs in coatings … the headlines are increasingly filled with hidden risks coming to light in popular products years after federal agencies approve them for the American public. Shapo shows readers how to get past unreasonable trust or fear and make the best risk-management choices for themselves and their families. He walks them through what questions to ask before consenting to be in a clinical trial; how to evaluate the implied bold-print claims against the small-print disclosures in advertisements for medical products; how to uncover product and environmental risks in their homes, workplaces, supermarkets, and neighborhoods; how to assess and control product risk while maximizing consumer choice and benefit; how to pressure government to tighten consumer protection; and how to seek legal redress.

Through a diverse selection of dramatic case studies, Shapo lays bare the incentives of companies and entrepreneurial scientists to fake or obscure experimental data before and after government approval; the fights between interested and disinterested scientists over data; the fights between scientists and doctors over patient rights; the campaigns of activists against government agencies to release experimental drugs; the impact of the journalistic and promotional media on public knowledge and perception of product risk; and the marketing tricks that manufacturers use to harness sexual desire to product launches and to shape the prescription choices of physicians.

Product Details

ISBN-13: 9780313365287
Publisher: ABC-CLIO, Incorporated
Publication date: 12/30/2008
Pages: 304
Product dimensions: 6.50(w) x 9.30(h) x 1.30(d)

About the Author

Marshall S. Shapo is the Frederic P. Vose Professor of Law at Northwestern University School of Law. His scholarship over forty years has focused on how society deals with injuries through the legal system and on the interrelationship of science and law. He is the author of 25 books, including his magisterial 3,500-page treatise on products liability, The Law of Products Liability (4th Edition, 2006). His titles on law and society include Compensation for Victims of Terrorism (2005), Tort Law and Culture (2003), and A Nation of Guinea Pigs (1979). He was a Visiting Fellow at Oxford and Cambridge Universities and has lectured extensively in Europe and Asia. The American Bar Association bestowed the Robert B. McKay Law Professor Award on Professor Shapo in 2005. He has served as a consultant in liability and injury cases involving medical devices, rocket motors, anti-terror products, swimming pools, Pan Am 103, and sleeping bags.

Table of Contents

INTRODUCTION

Chapter One: EXPERIMENTATION: A SURVEY AT TRENCH LEVEL

Chapter Two: HIV/AIDS DRUGS: SPEEDING UP SCIENCE, UNDER

POLITICAL PRESSURE

Chapter Three: BREAST IMPLANTS: A PARABLE OF LAWS

RESPONSE TO IMPROVEMENTS ON NATURE

Chapter Four: TREATING THYSELFFOR MEN ONLY: VIAGRA

Chapter Five: ESTROGENSA GATHERING OF DATA, A

G

ATHERING STORM

Chapter Six: ESTROGENSTHE STORM BREAKS; A STRUGGLE

OF MEDICINE, LAW, AND POLITICS

Chapter Seven: EXPERIMENTS AT THE BILLION LEVEL

:NANOTECHNOLOGY

CONCLUSION

What People are Saying About This

Robert Habush Past President of the Association of Trial Lawyers of America (now the American Associ

"As a product liability claimants' attorney for over 45 years, I find this book to be long overdue, an 'inconvenient truth,' and a masterpiece."

Rahm Emanuel


"In his compelling look at the intersection of consumerism, science and safety, Shapo provides a framework for weighing risks and benefits of new products and technologies."

Robert HabushPast President of the Association of Trial Lawyers of America (now the American Associa


"As a product liability claimants' attorney for over 45 years, I find this book to be long overdue, an 'inconvenient truth,' and a masterpiece."

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