by Sterling Anthony, CPP, expert witness, packaging, warnings, patent infringement, cargo loading & securement, insurance claims
Whether at a deposition or at trial, an expert might be asked to define his/her specialty. In most instances, the response can be kept short without undue sacrifice in comprehension, for example: Marketing is a business discipline concerned with the identification of customer wants and needs and the fulfillment of those wants and needs with products and services.
Unless a specialty is arcane, preexisting familiarity on the parts of the stakeholders (i.e. attorneys, jury, and Court) likely will only need to be confirmed. Packaging is an exception; for, the familiarity that practically everyone claims is based on misconceptions. That’s because what most people have in mind are packages, understandable given that packages are ubiquitous in our lives——in stores, in markets, and in our homes. But packaging and package are not synonymous terms: a package is an element; packaging is a system.
Definition:
Packaging is a system, within which, containers, materials, accessories, and components are combined to enable and facilitate the manufacture, distribution, and marketing of goods.
Containers include those that most readily come to mind, such as bottles, jars, cans, boxes, cartons, bags, pouches, wraps, trays, tubes, etc., but also the likes of sacks, crates, barrels, bins, and racks. The categories of products that utilize the containers include consumer non-durables, institutional, military, and industrial.
Materials can be rigid, semi-rigid, or flexible, used singularly or in combination, namely: wood, paper, paperboard, metal, glass, and plastics.
Accessories include closures, labels, stretch-wrap, shrink-wrap, seals, ties, fasteners, strapping, dunnage, cushioning, and adhesives.
Components include pallets, slip-sheets, and skids.
Containers, materials, accessories and components comprise the physical packaging, and their combination with goods and products is at the core of the system. There are components of the system that precede that combination and others that proceed it. The former includes research, design, development, sourcing, testing, trials, receipt, storage, line-feed, and line machinery operations. The latter includes line-takeaway, and unitizing, in addition to those components enacted upon the now packaged goods, namely: in-house storage, transportation, warehousing, selling (whether through retail or another form of acquisition), use, and disposal/reuse.
The overwhelming majority of goods require packaging, the exception being raw materials, in bulk, for example, ore. The more the value that’s added to raw materials through manufacturing and processing, the more the need for packaging. Without packaging, as herein defined, the mass manufacturing, distribution, and marketing of goods would not be possible, and, hence, nor would the associated conveniences, notably, uniformity of quality, time-saving, labor-saving, and personal health & safety. An example: rather than modern, self-service retailing, we’d still be in the era of the cracker barrel store, the old-fashioned apothecary, and the nails-scooped-into-a-paper bag-hardware store.
For all its contributions to our quality-of-life, packaging’s variety and complexity renders it subject to an equal variety and complexity of issues, and depending on the nature of an issue and its consequences, litigation might ensue. Packaging-related litigation has been known to include product liability, personal injury, failure-to-warn, falling merchandise, material-handling safety, cargo loading & securement, insurance claims for loss and damaged cargo, patent infringement, and trade-dress infringement——the list not offered as being exhaustive.
An attorney involved in packaging-related litigation will recognize the need for an expert, who, if required, can also serve as an expert witness. But what should the attorney seek in an expert, beyond, of course, talents related to the facts of the case? Ideally, the expert will have expertise, experience, education, training, and an overall background that empower the expert to deliver services from multiple perspectives. In contrast, if, for example, the curriculum vitae shows that the expert’s career(s) have been spent wholly or mostly in a single industry or institution, that expert’s approach might be commensurately restricted. On the other hand, the approach of an expert whose credentials are relevant AND diversified can enable greater creativity and keener insights.
Past employment in industry is a plus, especially when it includes managerial positions; for, it bestows insider’s knowledge that’s difficult, if not impossible, to otherwise obtain. Current work as a consultant is valuable, particularly of aid in benchmarking and the determination of best practices and state-of-the-art. A stint in academia bespeaks honed skills as a teacher and a communicator, useful throughout a case and in front of a jury. Rounding out the profile, commitment to one’s specialty, as evidenced by memberships, offices held, and certifications add to credibility.
In summary, by definition, packaging-related litigation is fraught with a multitude of factors, necessitating that, in the vetting of candidates, the attorney seeks the best “package deal” in an expert.
Sterling Anthony, CPP, is a consultant to the industrial, institutional, and government sectors and an expert to the legal community. He is a former manager at Fortune 100 companies and a former instructor at two major universities. His contact information is: 100 Renaissance Center-Box 43176, Detroit, MI 48243; (office) 313-531-1875; (cell) 313-623-0522; (fax) 313-531-1972; thepackagingexpertwitness@gmail; www.thepackagingexpertwitness.com