Nutraceutical Recalls Simplers Botanicals Wintergreen Essential Oil due to Packaging Defect and Poisoning Risk

On July 15, 2020, Nutraceutical Corporation issued a recall for their Simplers Botanicals Organic Wintergreen (Gaultheria Fragrantissiam) Essential Oil. According to the recall, recall number 20-148, the product is not packaged in child-resistant packaging, as required by the Poison Prevention Packaging Act (PPPA). Because the product contains methyl salicylate, young children are at risk of poisoning.

The recall has affected approximately 14,000 products. The recalled products were sold in 5 mL amber bottles with a white continuous thread closure. The label on front of the bottle is blue and white; it displays the Simplers Botanicals logo, the product name, and the volume. The bottle has a bar code on the back with the affected UPC code (617626625472). Only products manufactured prior to January 2019 are affected by the recall (all products manufactured after January 2019 have child-resistant closures).

The defective product was available at a number of stores including the following: Earth Fare; Vitamin Shoppe; Mom’s Organic Market; Whole Foods. The product was also available at other stores as well as online via Gary’s World of Wellness and Lucky Vitamins. The products were sold for approximately $9 each from August 2013 through February 2019.

According to the company, no incidents or injuries have been reported associated with the defective product. The company is urging all consumers affected to put the product in a location out of the reach of children and contact them for further instructions on disposing the product and receiving a full refund.

Should you agree to simply disposing the product and a full refund? If the product resulting in no harm to your child, agreeing to the recommendations made by the company seems acceptable. But what if your child suffered harm associated with the defective product? What if your child suffered methyl salicylate poisoning? If your child suffered harm as a direct result of the defective product, you should not follow the company’s recommendations; instead, you should legal assistance immediately to learn more about your right to sue.

If your child suffered harm associated with a defective product, you might have grounds to sue – specifically, you might have grounds to file a product liability claim. Afterall, your child would not have suffered poisoning. If you would like to learn more about your right to sue for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at Normandie Law Firm as soon as possible.

Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims. Our product liability lawyers have successfully helped consumers hold negligent companies accountable for the harm that their defective product caused. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to hold Nutraceutical Corporation accountable for the harm that your child suffered. If you are ready to learn more about your right to pursue a claim, contact our firm today.

The Dangers of Methyl Salicylate Poisoning due to Improper Packaging

The PPPA requires that any substances that could be harmful when swallowed by children, such as methyl salicylate, are packaged in child-resistant packaging. When potentially dangerous products do not have child-resistant packaging, young children could access the product, swallow it, and suffer poisoning.

Some of the symptoms associated with methyl salicylate poisoning include:

• Agitation and confusion
• Collapse
• Deafness
• Decreased consciousness
• Decreased/lack of responsiveness
• Dizziness
• Drowsiness
• Eye irritation
• Fever
• Hallucinations
• Headache
• Kidney failure
• Loss of vision
• Low blood pressure
• Nausea
• Respiratory issues
• Seizures
• Throat swelling
• Tinnitus
• Vomiting

With quick treatment, the poisoning could be addressed, and the child could survive with only minor harm. However, if the child is not quickly treated, he or she may suffer some of the more serious symptoms, which could be fatal. Regardless of the harm that your child suffered associated with the substance in the defective packaging, you should consider the legal options available to you.

You Could Sue Based on Product Liability

You could hold the company accountable for the harm that your child suffered; specifically, you could sue based on the concept of product liability. Based on product liability, all companies owe their consumers a duty of care. Companies have the duty to ensure that their products are completely safe for their consumers to purchase. This means that companies must test and inspect their products to be able to identify and address any defects present in the product. Although companies have this duty of care, they can breach their duty of care and put consumers at risk – by failing to ensure that their products are completely safe for consumers to use. When a company recklessly makes a defective product available to consumers and the defective product leads to harm, the company could be liable based on product liability.

Because of liability for the harm resulting from defective products, the injured consumers could pursue product liability claims. Are you interested in pursuing a product liability claim for the harm that your child suffered due to the defective packaging of the recalled essential oil? If so, do not hestiate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to provide you with all the information that you need to learn more about product liability and your right to sue.

Could You Recover Compensation?

Based on the details surrounding your product liability claim against Nutraceutical, you might be eligible to recover monetary compensation for the harm that your child suffered. Some of the types of compensation that claimants who pursue product liability claims are eligible to receive could include the following:

• Medical expenses
• Lost income
• Pain and suffering
• Funeral and burial costs
• Loss of consortium
• Punitive damages

The compensation that you could be awarded after reaching a successful claim outcome will always be based on the details surrounding your claim; therefore, it is essential that you seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to evaluate your claim and help you understand your claim’s value. In addition, our product liability lawyers are ready to aggressively handle your claim to ensure that you recover the compensation that you deserve. To learn more about the type and amount of compensation that you could be eligible to receive, contact our firm today.

What Should Affected Consumers Do?

If your child suffered methyl salicylate poisoning associated with a defective product, you should do the following:

• Seek medical care immediately
• Take photos of your child (your child might look physically ill)
• Take photos of the defective product
• Contact the company to report the incident and harm suffered
• Do not agree to return the defective product
• Do not agree to a free repair or a free replacement
• Do not agree to a refund
• Do not agree to discard the defective product
• Keep the product in a safe place, away from the reach of children (do not tamper with the product in any way)
• Gather witness contact information and testimonies
• Gather any video footage that might have captured the incident
• Gather all medical records associated with the harm your child suffered
• Seek legal assistance immediately

To learn more about the steps that you should follow after your child suffered harm associated with a defective product, do not hestiate to contact our experts immediately. Our lawyers will guide you every step of the way.

How Long Do You Have to Sue?

As explained above, you could sue for the harm that your child suffered due to a defective product. However, you must file your claim promptly to preserve your right to sue. In other words, you could lose your right to sue if you fail to file your claim within the time allowed by the statute of limitations. The statute of limitations determines the specific length of time that claimants have to sue.

How long do you have to file your product liability claim? What deadline applies to your claim? In California, product liability claims are subject to a two-year statute of limitations. This allows claimants two years to pursue their claims. In addition to the deadline, however, you must be aware of any exceptions to the deadline that could apply. In cases involving victimized children, the statute of limitations could be tolled until the child reaches an adult age. That is, when the victim turns eighteen-years-old, he or she could pursue a claim for the harm suffered (only if parents haven’t already pursued a claim).

To learn more about the time that you have to pursue your claim, contact our firm at your earliest convenience.

Contact Normandie Law Firm Today

Did your child suffer methyl salicylate poisoning associated with the defective product mentioned above? If so, you might have grounds to sue – you could also have the right to recover compensation upon reaching a successful claim outcome. If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.

At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including defective product claims. Our product liability lawyers have helped countless consumers hold negligent companies accountable for the harm caused by their defective products. Would you like to discuss your current situation with the experts at our firm to learn more about your right to sue? If so, do not hestiate to seek legal assistance with the experts at our firm as soon as possible.

We understand that, in many cases, it can be difficult to get legal assistance. In most cases, this is due the high costs associated with legal services. At our firm, we offer free legal services, which include free consultations and free second opinions to all parties interested in taking legal action after suffering harm. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. If you are interested in speaking with our experts and benefiting from our free legal services, do not hesitate to contact our firm immediately.

In addition to the free legal services mentioned above, our firm also offers a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also based on a strict contingency structure, meaning that our clients will not be required to pay any legal expenses until after reaching a successful claim outcome. In addition, you will not have to pay if you do not win.

To further discuss your right to sue for the harm that your child suffered due the defective product packaging, do not hesitate to seek legal assistance with the experts at our firm today.

Other Pages on Our Website Related to This Topic
Primark US Recalls Kitten Heel Court Shoes
Island Wear Issues Recall for Strollers due to Fall and Choking Risk
Stargate Apparel Recalls Sleepwear Sets due to Burn Risk