When most people think of defective products, they picture something broken or unsafe—like a toy with a sharp edge or a car with faulty brakes. But not all defects come from how a product is made or designed. Sometimes, the problem lies in the information (or lack of information) that comes with the product. This is known as a marketing defect, often referred to as “failure to warn.”

Marketing defects can lead to serious injuries when consumers don’t have the proper warnings or instructions to use a product safely. From mislabeled medications to power tools missing safety instructions, the absence of clear warnings can have devastating consequences. When this happens, injured consumers may have grounds to pursue a product liability lawsuit against the manufacturer, distributor, or retailer.

Continue reading to learn more about what marketing defects are, how they differ from design or manufacturing defects, the role of “failure to warn” in product liability law, and what steps you can take if you’ve been harmed because a company failed to provide adequate safety information.

Understanding the Three Types of Product Defects

Under U.S. product liability law, a product can be considered defective in one of three main ways:

Design Defects

The product is inherently unsafe due to the way it was designed. For example, a chair with legs that are too thin to support average weight would be defective in its design.

Manufacturing Defects

The product’s design is safe, but something went wrong in production. An example might be a bicycle helmet that left the factory with a cracked shell or missing padding.

Marketing Defects (Failure to Warn)

The product is designed and manufactured correctly, but the company failed to provide proper instructions, warnings, or labels. This is where failure to warn comes into play. Without clear warnings, consumers may unknowingly put themselves in harm’s way.

What Counts as a Marketing Defect?

A marketing defect doesn’t mean the company intentionally tried to mislead consumers. Instead, it usually means the product lacked adequate instructions or warnings about foreseeable risks. Examples include:

• Prescription Drugs: A medication that doesn’t list dangerous side effects, or fails to warn that it shouldn’t be taken with alcohol or another drug.
  
• Power Tools: A saw sold without a warning about the need for protective eyewear.
  
• Household Products: A strong cleaning solution that doesn’t warn users about the risk of mixing it with bleach or ammonia.
  
• Children’s Toys: A small toy with detachable parts but no choking hazard warning.
  

In each of these cases, the danger comes not from the product being broken, but from the lack of proper warnings that would help consumers avoid injury.

The Legal Standard for Failure to Warn

Courts across the United States generally hold manufacturers, distributors, and retailers responsible for providing reasonable warnings about non-obvious dangers. The key points include:

• Foreseeability of Harm: The company is expected to anticipate how the product might be misused and warn against those foreseeable risks.
  
• Adequacy of the Warning: The warning must be clear, visible, and easy to understand by the average consumer.
  
• Duty to Update: In many cases, companies may also have an ongoing duty to update warnings if new risks are discovered after the product has already been released.
  

Variation Across States

While the basic principles are similar, states handle failure-to-warn claims differently. For example:

• Some states use a reasonable consumer standard—asking whether an ordinary person would understand the warning.
  
• Others look at whether the company followed industry standards or FDA guidelines (for drugs and medical devices).
  
• Courts may also consider whether the warning was placed where it could be seen (a label hidden in fine print might not be sufficient).
  

This means the success of a product liability lawsuit for a marketing defect often depends on how state law interprets the manufacturer’s duty.

Real-World Examples of Failure to Warn

To see how this plays out, consider a few real-world situations:

• Pharmaceutical Cases: One of the most common areas of litigation involves prescription drugs. Patients have filed lawsuits against drug manufacturers for failing to disclose side effects like heart risks, blood clots, or dangerous interactions with other medications.
  
• Household Chemicals: Several lawsuits have arisen when companies failed to warn that mixing certain cleaning products could release toxic fumes.
  
• Industrial Equipment: Workers have been injured when equipment came with inadequate safety warnings, such as unclear instructions on lockout/tagout procedures.
  

These cases highlight why courts take marketing defects seriously. Even if a product works as intended, it can still cause injury if consumers aren’t properly warned about hidden dangers.

How Marketing Defects Lead to a Product Liability Lawsuit

If you’ve been harmed by a product because of inadequate warnings, you may have a valid product liability claim. To prove your case, your attorney typically needs to show:

1. The product had a danger that wasn’t obvious to the average consumer.
   
2. The manufacturer or seller failed to provide adequate warnings or instructions.
   
3. That failure made the product unreasonably dangerous.
   
4. You were injured as a result of using the product in a foreseeable way.
   

Unlike other types of personal injury lawsuits, many states impose strict liability in product cases. This means the injured party doesn’t have to prove negligence—only that the product was defective due to a failure to warn.

Compensation in a Product Liability Lawsuit

If your case is successful, compensation may cover:

• Medical bills for treatment related to the injury.
  
• Lost wages if you had to miss work.
  
• Pain and suffering for the physical and emotional toll of the injury.
  
• Long-term care if the injury results in a permanent disability.
  

Every case is different, and outcomes depend on factors like the severity of the injury, the strength of the evidence, and state-specific product liability laws.

Why You Need a Product Liability Lawyer

Product liability cases are often complex. Companies and insurers typically fight hard to defend against claims of failure to warn, especially if the product is widely sold. A skilled product liability attorney can investigate whether the warnings were adequate, gather expert testimony, and hold manufacturers accountable when they fail to protect consumers.

Call Brandon J. Broderick For Legal Help

If you or a loved one has suffered an injury because of a marketing defect or a company’s failure to warn, you may be entitled to compensation. These cases can be difficult to navigate on your own, especially when going up against large corporations.

At Brandon J. Broderick, Attorney at Law, our team has experience handling complex product liability lawsuits and fighting for the rights of injured consumers. We understand how devastating these injuries can be, and we’re here to help you pursue justice and financial recovery.

Don’t wait to find out if you have a case. Call today for a free consultation and learn how we can help.