Consumer Protection Law Commons^™

The Multi-Level Marketing Pandemic, Christopher G. Bradley, Hannah E. Oates

Law Faculty Scholarly Articles

Among the societal effects of the COVID-19 pandemic has been a sharp rise in the activities of multi-level marketing companies (MLMs). MLMs are business enterprises in which participants seek not only to sell products to friends, family, and social media contacts, but also to recruit them as MLM participants, with the promise of "building their own business from home."

False promises often pervade MLM sales pitches. Evidence shows that few participants see even a dollar of profit from their MLM work; the vast majority of recruits quickly abandon their MLM dreams and lose their investments. Yet the pitch has become …

The Consumer Protection Ecosystem: Law, Norms, And Technology, Christopher G. Bradley

Law Faculty Scholarly Articles

In recent years, the tools consumers use to buy and borrow have changed radically. New technologies for advertising, contracting, and transacting have proliferated, and so have fierce policy debates on issues such as identity theft and online privacy; arbitration clauses and class action lawsuits; and Americans’ accumulation of debt and the unsavory practices sometimes used by collectors of it. Facing these realities, scholars, policymakers, and advocates have devoted increasing energy to this area of law. Despite its prominence, confusion persists regarding what consumer protection really is or does. Though much discussed, it remains undertheorized. In particular, analysis of consumer law …

Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis

Law Faculty Scholarly Articles

Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part III explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …

A Practitioner's Guide To Defending "Natural" Food Labeling Litigation, Lauren E. Handel

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

California's Proposition 37: Will Its Failure Forecast The Fate Of The Gm Food Labeling Movement In The United States Once And For All?, Meredith K. Schuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Naturally Confusing Consumers: Express Federal Preemption Of State Claims Regarding False And Misleading Food Product Labels, Taryn M. Deveau

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Law Faculty Scholarly Articles

This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …

Practicing Under The New Bankruptcy Code: A Nuts & Bolts Workshop, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from Practicing Under the New Bankruptcy Code: A Nuts & Bolts Workshop (The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) held by UK/CLE in September 2005.

Kentucky Consumer Law Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the Kentucky Consumer Law Conference held by UK/CLE in September 2004

Proof Of Product Defect, David G. Owen

Kentucky Law Journal

No abstract provided.

Precluding The Absent Claimant From Re-Arguing Class Certification: Pragmatism And The "Day In Court" Ideal, Alexander Moeser

Kentucky Law Journal

No abstract provided.

Inherent Product Hazards, David G. Owen

Kentucky Law Journal

No abstract provided.

Preemption Analysis After Geier V. American Honda Motor Co., Susan D. Hall

Kentucky Law Journal

No abstract provided.

Attorney Liability Under The Fair Debt Collection Practices Act, Chad M. Knight

Kentucky Law Journal

No abstract provided.

Reflections On Current Limits On Component And Raw Material Supplier Liability And The Proposed Third Restatement, Edward M. Mansfield

Kentucky Law Journal

No abstract provided.

Dangerous Products And Injured Bystanders, Robert F. Cochran Jr.

Kentucky Law Journal

No abstract provided.

Illinois Rejects Market Share Liability: A Policy Based Analysis Of Smith V. Eli Lilly & Co., Kurt M. Zitzer, Marc D. Ginsberg

Kentucky Law Journal

No abstract provided.

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

The Liability Of Cigarette Manufacturers For Lung Cancer: An Analysis Of The Federal Cigarette Labeling And Advertising Act And Preemption Of Strict Liability In Tort Against Cigarette Manufacturers, James C. Thornton

Kentucky Law Journal

No abstract provided.

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Nichols V. Union Underwear Co. And The Meaning Of "Unreasonably Dangerous": A Call For A More Precise Standard, Elsa Goss Black

Kentucky Law Journal

No abstract provided.

Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner

Kentucky Law Journal

No abstract provided.

Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.

Precomplaint Investigations Under The Kentucky Consumer Protection Act: Validity And Scope Of The Civil Investigative Demand, Jon E. Pancake

Kentucky Law Journal

No abstract provided.

Strict Products Liability For Used Car Dealers, Marjorie Jones Reeder

Kentucky Law Journal

No abstract provided.

Products Liability: Is § 402a Strict Liability Really Strict In Kentucky?, Charles R. Keeton

Kentucky Law Journal

No abstract provided.

The Kentucky Consumer Act--True Happiness?, Levi Daniel Boone Iii

Kentucky Law Journal

No abstract provided.

What Chance For The New Car Purchaser Of A "Lemon"?, Joseph R. Goeke

Kentucky Law Journal

No abstract provided.