Noritake Co., Inc. glasses, cups and mugs

The reports, as CPSC published them

1. Seen by a doctor or nurse

   Made Mar 8, 2013 · , sent to the company Mar 29, 2013 · , published by CPSC Apr 19, 2013

   The product, in the report: Drinking glasses

   Please find enclosed a copy of the complaint I filed with Montgomery County Office of Consumer Protection and its response. I did call that office last year about the defective drinking glasses and I was told to contact another office, and those persons were very helpful. However, I ultimately had to pursue it legally for myself because I could not find a lawyer in Montgomery County (through the referral service) who handled “product liability.” There was not one. I was unsuccessful at handling it myself because the judge said product liability did not matter and because I did not have a doctor to testify. (I could not afford to pay them; plus, I submitted letters or reports from them. The judge did not accept the letters.) I am not writing to you to question or second guess anyone; rather I am writing to have understanding of consumer laws or regulations for the State of Maryland. I purchased the drinking glasses called “Breeze” from Bed, Bath, & Beyond. The glasses were made by Noritake and while using, they made me ill. I only used the glasses at night for cocktails or wine – and because I am 64 (63 then) – I did not notice that they were peeling. The sick feeling that began and extended several months I attributed to my mother having passed during those months. When I noticed the peeling, I stopped using the glasses and called Bed Bath & Beyond and Noritake. I went to Bed Bath & Beyond. Both told me that the glasses were defective, but both continued selling the glasses while knowing they were defective. Then Bed Bath & Beyond stopped selling the colored “Breeeze” glasses. Please explain or answer my concerns or questions. They are as follows: 1. Does Noritake have to say why the glasses were defective or what was used on them or improperly manufactured to cause them to be defective? 2. Since the glasses are colored or a color coating is sprayed on them, does Noritake have to say what the coating is made of and the defective coating or processes is? 3. Do Noritake and Bed Bath & Beyond have to explain the “Design Defects, Manufacturing Defects, Marketing Defects”? 4. Is “Negligence” by Bed Bath & Beyond and Noritake relevant in the purchase and manufacture and merchandising of these glasses. 5. Is “Implied Warranty” relevant in the purchase and manufacture and merchandising of these glasses? 6. Are ill effects of the glasses on me verified by doctor’s letters describing my ill feeling and reports to then direct testimony from them? 7. Are Noritake and Bed Bath & Beyond liable for placing glasses on market when they knew the glasses were defective? 8. Are Noritake and Bed Bath & Beyond liable for glasses which were sold without specific handling instructions or warning on the boxes or glasses? 9. Are Noritake and Bed Bath & Beyond liable for ill feeling I experienced from the defective glasses 10. Are Noritake and Bed Bath & Beyond required to inform the public of the defective glasses 11. Is Noritake responsible for any long term ill effects caused by the defect of the glasses? 12. Noritake, does it have the responsibility to me not to put a defective product on the market? Is Noritake responsible for its defective glasses? Does Bed Bath & Beyond have the responsibility not to sell defective products to me? 13. Did Noritake and Bed Bath & Beyond fail their responsibility to me not to sell defective products which caused me illness? 14. When the actual damages were only the cost of purchase price of the glasses, are Noritake and Bed Bath & Beyond still liable for physical injury caused by defective glasses? 15. Are Bed Bath & Beyond still liable for products which may have been defectively manufactured, defectively designed, and lacking appropriate warnings and instructions? 16. Is Noritake strictly liable for the defects, while not providing any warnings, for the ill feelings I experienced? 17. Is an “Implied Warranty of Merchantability” applicable with glasses Noritake distributed to Bed Bath & Beyond and sold by them that were defective. 18. Are Noritake and Bed Bath & Beyond liable under any of the following theories or are they relevant a - design defect b - manufacturing defects c - marketing defects d - negligence e - strict liability f - breach of warranty?

   Thank you for your attention to this matter. I am just trying to understand the laws and what a consumer and I have protection for or with.

   Model

   “Breeze” glasses

   UPC

   37725803166

   Bought from

   Bed Bath & Beyond

   Where

   Silver Spring, Maryland: Home/Apartment/Condominium

   Who was involved

   Age 63, Male

   The reporter’s relation to them

   Unspecified

   As this report names them

   made or sold by Noritake Co., Inc.

   How badly, in CPSC’s words

   Injury, Seen by Medical Professional

CPSC’s disclaimer

Sources