Carlill v Carbolic Smoke Ball Co your clothes whiter than white!"). Secondly, although it was not discussed in the case, there was evidence at the time that using the smoke ball actually made people more vulnerable to the flu (carbolic acid was put on the poisons register in 1900). The General Product Safety Regulations which are part of a European Union wide consumer protection regime (Directive 2001/95/EC) again provide criminal penalties for unsafe products. Thirdly, the Consumer Protection Act 1987 (which is also part of EU wide regulation under Directive 85/374/EEC) creates a statutory tort of strict liability for defective products that cause any kind of
Litigation before the judgment in Carlill v Carbolic Smoke Ball Co Litigation before the judgment in Carlill v Carbolic Smoke Ball Co The Litigation before the judgment in "Carlill v Carbolic Smoke Ball Company" was a rather decorated affair, considering that a future Prime Minister served as counsel for the company. A close reading of the submissions and the decision in the Queen's Bench show that the result of the Court of Appeal was not inevitable or necessarily a decision on orthodox principles of previous case law. For the facts and full final decision, see "Carlill v Carbolic Smoke Ball Company". At first instance, on the 4th of July 1892, in