Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established, there is a breach or omission of duty on the part of the manufacturer or distributor in placing the said product on the market without proper safeguards for ultimate users.
Lawrence Landsroner, Tort Liability for Death by Poisoning, 6 Clev.-Marshall L. Rev. 507 (1957)