Naturo Sciences Issues Recall for Eiji Essentials Wintergreen Oil due to Poisoning Risk
On April 23, 2020, Naturo Sciences issued a recall for their Eiji Essentials Wintergreen Essential Oil. According to the recall, number 20-737, the product contains methyl salicylate; therefore, it must be in child resistant packaging. The packaging of the recalled product is not child resistant; therefore, it violates the Poison Prevention Packaging Act (PPPA) and represents a poisoning risk to children. The recall has affected approximately 1,200 products.
The recall specifically involves the Wintergreen Essential Oil, which was available in a 5 mL amber glass bottle (with a black label and a black cap). On the label, “Eiji,” “Wintergreen,” “100% Pure Essential Oil,” as well as the volume of the bottle can be found printed. The Eiji logo is blue, and the product name is white. On the bottom of the bottle, the lot number (6321C) is printed.
The essential oils included in the recall were available online via Groupon.com, Walmart.com, and Amazon.com. They were available for approximately $7 each from December 2017 through April 2020. According to the recall, allegedly no incidents or injuries have been reported associated with the defective product.
The company is urging all consumers affected by the recall to store the product in an area out of the reach of children and contact them for a refund. The company is contacting known purchasers of the recalled product directly.
What should you do? Should you contact the company and agree to a refund? If your child never suffered any harm associated with the defective product, it makes sense to simply get a refund for the value of the recalled product. But what if your child did suffer harm? What if your child gained access to the defective product, ingested the essential oil, and suffered poisoning? If your child suffered harm associated with the defective product, you should never consider the possibility of simply agreeing a refund. The harm that your child suffered is worth much more than $7. Although monetary recovery will not reverse the harm that your young child suffered due to the defective product, you could be legally entitled to compensation.
Instead of simply agreeing to a product refund, you should explore the legal options available to you. Based on the details surrounding the incident, you might have grounds to file a product liability claim against Naturo Sciences. If you would like to explore the legal options available to you, do not hesitate to seek legal assistance with the product liability lawyers at our firm as soon as possible. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome.
Are you interested in pursuing a product liability claim against Naturo Sciences for the harm that your child suffered? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims, always representing the rights of affected parties. Our product liability lawyers are dedicated to fighting for the rights of consumers harmed by defective products. Our lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome and recover the compensation that you and your family are owed.
The Defect and the Risk of Poisoning
As explained above, the recalled product is not contained in child-resistant packaging, as required by the PPPA. The product contains methyl salicylate, which can be dangerous if ingested. The PPPA requires that dangerous substances are packaged in child-resistant packaging to reduce the risk that the substances represent to children. Because the product is not in child-resistant packaging, a young child could easily access the substance, ingest it, and suffer poisoning. Some of the most common symptoms associated with methyl salicylate poisoning include the following:
- Kidney failure
- Eye irritation and loss of vision
- Tinnitus (ringing in the ears)
- Swelling of the throat
- Low blood pressure (and collapse in severe cases)
- Inability to breath, difficulty breathing, and rapid breathing
- Dizziness, drowsiness, and headaches
- Fever and seizures
- Agitation, hallucinations, and confusion
- Coma
- Nausea and vomiting (potentially bloody vomiting)
Although it is possible for victims of methyl salicylate poisoning to recover, recovery is based on prompt treatment (and the level of methyl salicylate in the blood). If the child ingests a high amount of the product and treatment is delayed, it is possible for the poisoning to be fatal.
Regardless of the specific details surrounding the situation, if your child suffered harm due to the defective product, you might have grounds to pursue a product liability claim. You should seek legal assistance as soon as possible and explore the legal options available for your specific situation.
The Concept of Product Liability
Based on the concept of product liability, the consumers affected by defective products might have grounds to sue for the harm directly caused by the defective product. This is because all companies owe their consumers a duty of care – a duty to ensure that their products are completely safe for consumers to use. This also means that companies must adhere to regulations (such as the PPPA) that promote product safety. They must test and inspect their products to be able to identify and address the hazards present – before making the products available to consumers. When companies fail to do this, they are breaching their duty of care; they are also putting their consumers at risk of suffering harm. Because of this, whenever a consumer suffers harm as a direct result of a defective product, the company could be liable (since the company made the defective product available for consumers in the first place). In addition, affected consumers could sue the at-fault companies. If you would like to learn more about product liability and your right to sue after your child suffered methyl salicylate poisoning due to a defective product, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome.
Recovering Monetary Compensation
Based on the details surrounding your claim against Naturo Sciences, you might have grounds to recover monetary compensation for the harm that your child suffered due to the methyl salicylate poisoning. You might be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral/burial expenses
- Punitive damages
If you would like to learn more about the type and amount of compensation that you could be eligible to receive, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. This is because the type and amount of compensation will always strictly be based on the details surrounding your claim, and only a knowledgeable attorney can help you gain a better understanding of the compensation that you could be eligible to recover. For more information regarding the possibly recovery available if your claim reaches a successful outcome, contact the product liability lawyers at our firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim.
What Should You Do?
As explained above, based on the concept of product liability, you could pursue a claim for the harm that your child suffered due to a defective product. In addition, you and your family could be eligible to recover financial compensation for the harm suffered. Regardless, it is essential that you act accordingly so that you preserve your right to sue and recover compensation.
What should you do? Consider the following recommendations:
- Seek medical attention immediately
- Remove the defective product from the reach of children
- Take photos of visible harm (i.e. if your child looks ill)
- Take photos of the defective product
- Take photos of the scene of the incident (before any clean-up)
- Contact the company to report the incident and the resulting harm
- Do not agree to a free repair or a free replacement
- Do not agree to return the defective product
- Do not agree to a refund
- Gather any home surveillance video that might have captured the incident
- Speak to witnesses and gather their contact information
- Gather all relevant medical records
- Gather all records associated with the purchased of the defective product
- Seek legal assistance with our defective product attorneys as soon as possible
When you follow the recommendations mentioned above, you and your family are essentially gathering all the tools necessary to pursue a product liability claim and hold the negligent company accountable for the harm suffered. For more information about the steps that you should follow after your child suffered poisoning associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
File Within the Statute of Limitations
In addition to following the recommendations listed above, it is also important that you file your claim within the time allowed by the statute of limitations. What is a statute of limitations? A statute of limitations determines the specific length of time that claimants have to file their claims. If claimants fail to file their product liability claims within the time allowed by the statute of limitations, they could lose their right to sue completely.
What deadline applies to your product liability claim against Naturo Sciences for the harm that your child suffered due to the defective product? In general, product liability claims pursued within the statute of limitations are subject to a two-year statute of limitations; therefore, claimants only have two years to file their claims. However, it is possible for exceptions to the statute of limitations to apply, which means that the statute of limitations could be tolled (based on the details surrounding your claim).
Because understanding the applicable deadline is such an important aspect of pursuing a product liability claim, you should discuss your current situation with the experts at our firm to ensure that you have a thorough understanding of the total length of time that you have to file your claim. Do not hesitate to contact our experts today.
Contact Normandie Law Firm
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 successfully represented countless consumers and helped them recover the compensation that they are owed. Would you like to discuss your claim with the experts at our firm? If so, do not hesitate to seek legal assistance with the product liability experts at our firm as soon as possible. Our lawyers are ready to provide you with the representation that you need to hold Naturo Sciences accountable for the harm that your child suffered.
At Normandie Law Firm, our firm offers free legal services; these legal services include free consultations and free second opinions. During our free legal services, our lawyers will be available to answer all your questions and address all your concerns. You can trust that the product liability lawyers at our firm will provide you with the guidance that you need to pursue your claim – regardless of whether you are starting your claim or continuing/redirecting your claim after starting it elsewhere. Are you interested in benefiting from our free consultations or free second opinions? If so, do not hesitate to contact the experts at our firm as soon as possible.
Normandie Law Firm offers a Zero-Fee guarantee – a guarantee that our clients will never be required to pay any upfront legal fees for our legal services. Our firm also offers a contingency structure, meaning that our clients will never be required to pay anything until after winning their claims; if you do not win, you will not be required to pay anything.
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