“Bed alarms have proliferated since 2008 when the Centers for Medicare and Medicaid Services declared hospital falls should ‘never’ happen and stopped paying for injuries related to those falls. After that policy change, the odds of nurses using a bed alarm increased 2.3 times, according to a study led by Dr. Ronald Shorr, director of the Geriatric Research, Education and Clinical Center at the Malcom Randall Veterans Affairs Medical Center in Gainesville, Fla. The alarms have become a standard feature in new hospital beds.” Meanwhile, in 2017 the same federal agency “began discouraging their widespread use in nursing homes, arguing that audible bed or chair alarms may be considered a ‘restraint’ if the resident ‘is afraid to move to avoid setting off the alarm.'” [Melissa Bailey, Kaiser Health News via Virginia Postrel; earlier here, here, and here]

Hospital alarms, going off around the clock is a post from Overlawyered - Chronicling the high cost of our legal system

When the design team loses a debate with the legal team. pic.twitter.com/oYTnvNVqQ0

— Martyn Reding (@martynreding) August 21, 2018

“When the design team loses a debate with the legal team…” is a post from Overlawyered - Chronicling the high cost of our legal system

Overlawyered pic.twitter.com/LU4169TD70

— Ian Williamson (@IanWTechLaw) May 4, 2018

Hot milk warning is a post from Overlawyered - Chronicling the high cost of our legal system

“The bias is toward listing chemicals just to be cautious even though they probably are not harmful, counting ‘exposures’ such as poker chips and doorknobs that are unlikely to touched in such a way as to transfer relevant amounts of chemicals to the human body, and concentrations that are almost certainly harmless under likeliest-case rather than worst-case scenarios,” Olson said.

The senior fellow said people will nod in agreement when asked if they should be warned of risks to health.

“But every time I start my car and drive it onto the street I create a risk of hitting you as a pedestrian,” Olson said. “Do you have a right to be warned of that risk? Each time, or only once?”

He added the balance of scientific opinion these days leans toward the view that moderate coffee drinking probably provides overall health benefits and maybe even net anti-cancer benefits.

“The idea of putting a cancer warning on such a product is not merely irrelevant to public health goals, but actively in conflict with them,” Olson said.

Much more at the link [Angela Underwood, Northern California Record] And more on the coffee case as well as Prop 65 generally.

Prop 65’s well-oiled lawyer/activist machine is a post from Overlawyered - Chronicling the high cost of our legal system

Almost everyone agrees by now that the over-proliferation of warnings makes it less likely that consumers will pay attention to those few warnings that actually flag notable risks. …

What happens next? As the Post reports, “In addition to the warning signs likely to result from the lawsuit, the Council for Education and Research on Toxics, which brought the lawsuit, has asked for fines as much as $2,500 for every person exposed to the chemical since 2002, potentially opening the door to massive settlements.” And the financial shakedown value here is far from incidental; it’s the very motor that keeps the law going.

Earlier here. See also Michael Marlow, Cato “Regulation,” 2013-14 (study finds “little to no statistical support” that Proposition 65 “significantly influenced cancer incidence in California.”) And a furniture warning via Timothy Lee (link fixed now). More: Omri Ben-Shahar, AICR (evidence that coffee is cancer-protective on net).

California judge: Prop 65 requires warnings on coffee is a post from Overlawyered - Chronicling the high cost of our legal system

World's most dangerous door discovered at Vauxhall tube.

via @paddyoclery pic.twitter.com/RrR1SFiapE

— Andrew Bloch (@AndrewBloch) June 21, 2017

Spotted at Vauxhall station on the London underground. [Andrew Bloch on Twitter, where there are some funny comments as well]

“World’s most dangerous door” is a post from Overlawyered - Chronicling the high cost of our legal system

“WARNING: Cycling can be dangerous. Bicycle products should be installed and serviced by a professional mechanic. Never modify your bicycle or accessories. Read and follow all product instructions and warnings including information on the manufacturer’s website. Inspect your bicycle before every ride. Always wear a helmet and use lights at night. Failure to heed any of these warnings may result in serious injury or death.”

Which, as Bill says, seems a bit much for a warning on a bicycle bell.

Take three steps back from the bell, avoiding any sudden movements is a post from Overlawyered - Chronicling the high cost of our legal system

September 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Pharmaceutical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Last fall the editors of the Vermont Law Review were kind enough to invite me to participate in a discussion on food and product labeling, part of a day-long conference “The Disclosure Debates” with panels on environmental, financial, and campaign disclosure. Other panelists included Christine DeLorme of the Federal Trade Commission, Division of Advertising Practices; Brian Dunkiel, Dunkiel Saunders; George Kimbrell, Center for Food Safety; and David Zuckerman, Vermont State Senator and Farmer, Full Moon Farm.

Aside from my own segment above, you can find links to the other segments here. Plus: Environmental Health (VLS) summary of above panel.

“The Disclosure Debates: Food and Product Labeling” is a post from Overlawyered - Chronicling the high cost of our legal system