ADVERTISING AND PRODUCT LIABILITY LITIGATION

Since the late 1970s, advertising has become increasingly important in product liability litigation when consumers have been harmed by fault y products. Courts seem willing to consider the impact of advertising on consumer behavior leading to injury-causing situations. If consumer reliance on the content of advertising can be established, the market er may be subject to liability under a variety of theories of recovery , including warranty, misrepresentation, negligence, and strict liabil ity. The authors examine the role of advertising in product liability litigation. They also develop managerial and public policy recommendat ions based on their analysis.