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What chip labels say, and don't say; tumor studies unmentioned
By: TODD LEWAN - Associated Press | ∞
The fine print on the back of the VeriChip Patient Registration Form warns customers of potential health risks, but it makes no reference to research reporting a link between embedded transponders and malignant tumors in test animals.
Nor is that finding mentioned in the company's filings to the Securities and Exchange Commission, on its product labels and in its press releases dating back to 2001.
Among risks that are mentioned: Access to the company database that stores patients' medical profiles may go down, even in emergencies. And the microchip may not work in places where there are ambient radio transmissions ---- such as inside ambulances or near MRI machines.
VeriChips should not be used, the registration statement warns, by children, people with blood disorders or allergies to glass, or pregnant women, among others.
Those who are considering a VeriChip implant must first sign a statement, printed in capital letters, waiving any claims against the company related to the product's "merchantability and fitness."
This is the company's attempt to never be held accountable for any potential health problems that may develop from the use of its product, says Christopher Peterson, an associate professor of law at the University of Florida. "But courts will enforce that language only so far," he says.
In general, what helps minimize the company's civil liability in these cases are warning labels that apprise consumers of the risks associated with products. What could happen if consumers aren't told of a product's potential risk?
Legal trouble, Peterson says.
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