ABSTRACT
This chapter discusses the pressure on manufacturers to sell their products, the duty to protect their users, and the potential for conflict existing between these two motives. It continues with the consideration of occasions when warnings should reduce sales and those when warnings should not affect sales adversely. Instances where marketing defects can result in litigation are presented. Marketing defects subsume warning defects but also include problems where injury to consumers is caused by other means manufacturers employ to communicate with consumers, including the design and styling of the product, packaging, advertising, sales brochures, and representations by sales personnel. The chapter concludes with consideration of the difficulty a manufacturer faces in presenting warnings when competitors fail to do so and offers some recommendations for resolving the potential conflict between selling and safety.
