Nowak v. Faberge U.S.A., Inc.

Facts

D manufactures the product 'Aqua Net Hair Spray' by inserting the liquid solvent under pressure and applying labeling language on the can. The main ingredient in the solvent is alcohol and a liquefied propellant to activate the spray which is mixed into and dissolved in the solvent. At one time, a non-flammable fluorocarbon propellant was utilized, but it had to be discontinued because it caused environmental problems in the ozone layer. Butane and propane were substituted as propellants for the non-flammable fluorocarbon. Butane and propane are extremely flammable, more so than gasoline, and are considered to be dangerous. It was decided that despite the changeover in propellant, everything must be made to appear the same. D was already aware of actual incidents with punctured cans. P's sister purchased the product which contained a nondescript warning: CAUTION: FLAMMABLE. DO NOT USE NEAR FIRE OR FLAME OR WHILE SMOKING. WARNING: Avoid spraying in eyes. Contents under pressure. Do not puncture or incinerate. Do not store at temperature above 1200 F. Keep out of reach of children. Use only as directed. Intentional misuse by deliberately concentrating and inhaling the contents can be harmful or fatal. P tried to use the product, but it would not spray but came out in spurts. P believed that she could remove the contents of the can and pour it into a pump bottle. She tried a can opener, and then she punctured the side of the can. The spray came into contact with a gas stove and enveloped P in flames. P was severely burned on her head and body. The jury found that the valve system in the hairspray can was defective and the product was also defective because it did not contain adequate warnings. P got $1,500,000.00. D filed post-trial motions for judgment notwithstanding the verdict, see Fed. R. Civ. P. 50, and for a new trial, see Fed. R. Civ. P. 59.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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