Product warning labels may be the bane of manufacturers, but they have been keeping consumers aware and safe for several decades.
History
Although some responsible manufacturers have always put warning labels on their products, the first mandated use of warning labels in the United States dates back to 1938. As part of a congressional act that year, food labels were mandated as a way of avoiding allergic reactions in sensitive customers. This labeling mandate expanded 3 decades later, when mandatory health warnings started appearing on cigarette packaging in 1966. The use of warning labels has continued to expand over the years, encompassing sensitive or dangerous items ranging from alcohol to explicit music.
Types
There are three primary types of warning labels currently in use in the United States:
* A "Caution" label indicates a potentially hazardous product or effect; these labels may appear on such products as stereo speakers (capable of causing hearing loss) or medicine (which could be dangerous if not correctly administered).
* A "Warning" label is more serious than a caution label and warns of potential death from misused products. Consumer products such as alcohol and tobacco generally contain warning labels.
* A "Danger" label is the most serious of all labels; this label warns of imminent death from misuse of products. Such labels may appear on items capable of (or intended for) producing death, such as firearms or poisons.
Identification
Because warning labels exist for the sole purpose of conveying critical safety information to consumers or users of products and services, their visibility is of paramount importance. For this reason, these labels are often prominently placed and appear in three distinct colors: "Caution" labels are yellow, "Warning" labels are orange and "Danger" labels are red (the universal color of danger).
Effects
Since their introduction more than 70 years ago, warning labels have had a profound effect among buyers and users of products and services. Food warning labels alert consumers to the presence of fish, peanuts and other common (and even uncommon) allergens, while product safety labels (such as the warning label found on hairdryers, warning of electric shock hazards) have saved the lives of countless individuals. Properly placed and observed warnings, such as the yellow "wet floor" caution signs, have also proven to be a deterrent to litigation if properly displayed.
Considerations
Although warning labels can be an effective agent against litigation, product safety attorneys enjoy thriving practices as a result of damages caused by the misuse--or complete absence--of labels. For this reason, steps should be taken to fully and accurately convey the dangers and safety considerations arising from products or services offered by any type of business. In addition, despite the absence of warning labels on generally innocuous items, no product is inherently completely safe. Any product, especially if broken, poses some form of safety concern; courts and ethicists, though, have generally recognized that all safety concerns can never be comprehensively documented.
