A court will consider a consumer product defective if a company fails to warn consumers about the danger associated with the product. If a manufacturer or company doesn’t provide instructions or warnings related to the product they can be held liable for damage, injury or economic loss suffered by a customer on all aspects of services and products. Marketing defect of a product also includes the written materials that comes with the product as well as all the written and oral communication provided by the company before and after the sale.
Failure to warn claims by consumers usually arise when a product still poses danger to its end users even when it is appropriately manufactured and designed. Therefore the companies and manufacturers need to provide reasonably safe product along with written and oral communication that does not diminish the quality of the product and at the same time does not compromise with the safety of the consumer and does not confuse them in using the product in such a way that results in consumers’ damage, injury or loss. Therefore, a company should make sure that its marketing team talks with its engineers as well as its sales force so that the communication to the consumers is appropriate and accurate. Companies and manufacturers should also take advice from lawyers about what to write and how to write the information provided with the product. Also if a company is promising that a product will perform in a certain way then they should be sure that it can do it.
For example; suppose if a car company is showing its car running through a jungle but putting text at the bottom of the video that this vehicle is not intended to use in the terrain shown in video then it will be an example of a company preventing marketing defect.