Fault condoms on the market - Baby Recall!

L

legend99

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Now, if someone gets pregnant over this, all joking aside, would they not have a serious case for suing Durex???
 
But they are not 100% effective anyway, so how do you prove and take a case against the manufacturer? How do you prove it was used correctly, too many loopholes to get a case methinks.
 
..

Have this vision of a guy in the courtroom now showing the judge and jury how he puts one on!!!!
 
L99

Interesting question, the most obvious answer is no you can't sue Durex as these are counterfeit goods. They are not made by Durex and there's nothing they can do about them. That's the obvious answer now the subtle answer my company is being sued for something very similar in another country. Someone copied our goods put them on the market and they failed to do what they are designed to do. Some punters are suing us, now we have to prove that they are counterfeit etc etc also we have to demonstrate that we were unaware of their existence. I think we will win because in this case we have good solid evidence. However if it were another product we might find it hard to demonstrate some of the above.
 
I reckon that the pharmacies could be sued. The pharmacies in turn could sue the wholesalers.
 
...maybe for distributing counterfeit goods (presumably unwittingly).

But hardly for any unwanted pregnancies that might result. Even genuine condoms don't come with guarantees.

I never listen, but I'm sure the Gerry Ryan show's 'phone lines will have been hopping today... (Who ya gonna call? The biggest Dick of them all!) :D
 
Re: ..

Have this vision of a guy in the courtroom now showing the judge and jury how he puts one on!!!!
Click to expand...

Johnny Cochrane - If the condom don't fit........
 
too many loopholes to get a case methinks.

I've seen the ribbed ones but never ones with loopholes!
 
What about the risk to life-threatening STDs? Surely the fact that the counterfeits are indistinguishable from the real mccoy suggests that Durex's quality/authenticity controls are insufficient and they could be found negligent. At €10-€20 a box, there's surely enough margin to put a safety check in place; holograms etc.

Rebecca
 
Hi R

, there's surely enough margin to put a safety check in place; holograms etc
Click to expand...

It comes back to how can the originator be responsible for copied goods, its like blaming the victim for the crime. I offer two statements of fact

1. There is no such thing as a tamper proof pack
2. Any pack can be copied

Consider bank notes hugely sophisticated printed goods with both overt and covert security features, these are actually the most copied of all.

Even with all the security packaging in the world I don’t think this is avoidable. The reason is that in order for security to be effective it needs to be checked by bodies, that is people that know what they are looking for. Who in this situation would do the checking?

Nat
 
Here's an allegation that may be entirely unfounded.

The counterfeit condoms have only shown up in pharmacies.

Were they sold through usual distribution channels or by salespeople unknown to the pharmacists coming in off the street with a discounted price offer?

If they were (and I don't know), should that fill us with confidence that pharmacies exercise diligence in sourcing product? Are they selling counterfeit drugs as well? How can we be sure?

After all, they're forever justifying their price premiums on the basis that they provide a greater level of service than other retail outlets.
 
But isn't the point that they should make every effort to avoid copies/counterfeit or tampering? They shouldn't be allowed to simply throw their hands in the air. I'm sure they could change their packaging some way to make it more difficult to copy or tamper with . CocaCola and others manage it when it suits them from a marketing pespective. And food companies have taken steps, such as the pop-up button seal, to avoid contamination of food, so condom companies, producers of "luxury" items (re VAT at least) should be forced to do the same.

Also, if they weren't so expensive in the first place, they wouldn't be seen as such a target. Funny how the LIDL ones weren't targeted. Maybe they should be sold in bigger or smaller packs.

I really think this is a (literally) deadly serious issue and I think the Dept of Health should be doing more than recalling the counterfeits. For all we know, this could be happening for years undetected and people may have been through all kinds of hell because of it.

Rebecca
 
That thought struck me yesterday too Oysterman. I think the whole thing is really shocking.

I always bought at the chemist thinking it felt safer! And to think I was nervy about buying the Lidl ones in case they didn't meet the same standards!

My heart was in my mouth last night going upstairs to check my ExtraSafe (my a*se) pack!

Rebecca
 
has anyone been back with a faulty packet? miss r raises good points, how in hell they the end up on the shelves of chemists shops in the first place? you do expect the highest standards there, over the likes of lidl "apple mondos" for €5.99 as opposed to €12.99 for durex.
incidently do you get a free packet if you return the box?
 
But isn't the point that they should make every effort to avoid copies/counterfeit or tampering?
Click to expand...

I'm sure they do make every effort but it is really simple to copy packaging really really simple, and getting simpler. CocaCola is ripped off all over the world sure they try to protect their brand but it's an uphill battle.

That said the argument about distribution lines is far more promising. I'm interested in the "back of a lorry" theory proposed by Oysterman. It should be fairly simple to trace the purchase details of these products. Somewhere in the supply chain there was an infringement. It had to be
a. At retail level
b. Local Distributor
c. National dist
d. International dist.
 
..

All joking aside. The end result of this no matter what will be some people with unwanted pregnancies and others with STDs.
Thats some result.

And I think in fairness that questions need to be asked about how they managed to go through distribution and wholsales without anyone noticing. They came from China...somewhere along the line there must have been substantial amount of ducmentation missing.
 
I heard on the Matt Cooper show that the pharmacies purchased the batches from an unauthorised distributor.

Marion :hat
 
If this really is the case then the book should be flung at these hypocrites - just think of all the times spokespeople for this cartel have taken to the airwaves to proclaim that supermarkets can't be trusted to sell painkillers; that paracetamol should only be sold in smaller (i.e more profitable) packets; that pharmacists often save the lives of customers by exposing the errors of medical practitioners etc. (Add your own favourite piece of self-righteous, self-serving cant).

And then these hucksters recklessly expose these cherished customers to crisis pregnancies (at best) or HIV because they want to squeeze out a little more profit.

I know I'm a bit inclined to mount the old high horse at times on this site (occasionally just to get the row going), but I am absolutely furious at these people.

And, while I'm at it, did you hear the punter from the Medicines Board on the news last night saying that they wrote to pharmacies immediately this issue became known to them. WROTE? Haven't these people heard of a press release which would have the information in the public domain within an hour? How many of these condoms were used while the Medicines Board were licking their stamps?
 
Not sure what the IMB did in this case, but they do have fast track communication processes.
 
Lacklustre response

I'm with oysterman on this. On a number of levels this is scandalous; the pharmacy cartel is already highly questionable (and tied in with doctors prescribing drugs on the basis of drug company promotions). High profile brands like Durex not doing enough (or anything?) to address or prevent this kind of thing. IMB acting at a snails pace on a matter of blatantly obvious urgency. There's no clarification as to whether this happened before and (call me cynical but) I bet there are lots of unexpected STDs and babies out there as a result of previous dodgy dealing.

I really don't understand why people aren't up in arms on this. What other below-par crap are chemists peddling to us at crazy prices? Bad enough to con us but to play with our health at the same time is just outrageous.

There are plenty of people are 100% reliant on condoms for protection from STDs and pregnancy (me included). Many of us have to use them as a last resort. And this whole fog of doubt is only going to further damage their reputation with younger people who don't/won't use condoms near enough at a time when STDs are becoming out of control.

Rebecca
 
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