On May 24, 2020, Jade Bloom issued a recall for Wintergreen and Birch Sweet Essential Oils. According to the recall, number 20-743, the product, which contains methyl salicylate and is required to be in child-resistant packaging, is not child-resistant and poses a risk of poisoning to children. The recall has affected approximately 6,400 products.
The recall includes the 1 mL, 10 mL, 60 mL, and 120 mL amber glass bottles of the Wintergreen Essential Oil and the 10 mL green glass bottles of the Birch Sweet Essential Oil. The glass bottles have black caps. The bottles have a label, which displays the Jade Bloom logo, the product name (either Wintergreen or Sweet Birch), and the volume amount of the bottle. The Wintergreen Essential Oil is associated with SKU 2938223 (on the cap) UPC code 641990784039 (under the bar code). The Birch Sweet Essential Oil is associated with UPC 641990784084 (under the bar code).
The products were manufactured by W8 Distributing (which does business as Jade Bloom). The recalled oils were sold exclusively online via JadeBloom.com from August 2015 through February 2020; the recalled oils were sold for prices ranging from $6 to $40.
The company claims that no incidents or injuries have been reported. Regardless, the company is urging affected consumers to immediately store the product in an area out of the reach of children. Additionally, consumers are urged to contact the company for instructions on disposing the products and receiving either a full refund or store credit.
Should you agree to dispose of the essential oils for a refund or store credit? If your child suffered methyl salicylate poisoning, disposing of the product in exchange for a refund or store credit could be counterproductive. What should you do? Instead of simply following the recommendations made by the company, you should explore the legal options available to you – as you might have grounds to sue.
Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to pursue a claim; specifically, you could pursue a product liability claim. After all, your child would not have suffered harm if the company had not made the defective product available for purchase. If you are interested in exploring the possibility of pursuing a product liability claim for the harm that your child suffered, do not hesitate to contact the experts at our firm today.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful outcome and recover the compensation that you deserve. If you are interested in exploring your right to file a product liability claim, contact the experts at Normandie Law Firm today.
The Dangers of Methyl Salicylate Poisoning
The recalled essential oils contain methyl salicylate, which is a potentially dangerous substance which must be packaged in child-resistant packaging. Because the recalled products are not child resistant, a young child could access the product and swallow the contents – leading to poisoning. Methyl salicylate poisoning could lead to many symptoms, including but not limited to the following:
- Tinnitus
- Eye irritation
- Loss of vision
- Throat swelling
- Low blood pressure (possibly leading to collapse)
- Respiratory problems (including rapid breathing or difficulty breathing)
- Nausea and vomiting
- Hallucinations, confusion, and agitation
- Deafness
- Fever
- Seizures
- Headaches
- Dizziness
- Coma
- Kidney failure
Unfortunately, if treatment is delayed or if the substance swallowed is large, methyl salicylate poisoning can be fatal. If treatment is administered promptly, affected children can recover with little to no complications. Regardless of the harm that your child suffered, you should consider the legal options available to you.
Product Liability and Your Right to Sue
Do you have the right to sue for the harm that your child suffered due to a defective essential oil? Could you sue for the methyl salicylate poisoning that your young child suffered? Based on the details surrounding your claim, you could sue – you could file a product liability claim. Based on the concept of product liability, companies owe their consumers a duty of care. That is, a duty to ensure that their products are completely safe for consumers to use. This means that they must test and inspect their products to ensure that they can identify and address any of the hazards present in their products. If companies fail to do this, they are breaching their duty of care – and they are putting their consumers at risk of suffering harm. When a consumer suffers harm directly associated with a defective product, the company that made the defective product available to consumers could be held accountable.
What does this mean? Based on the concept of product liability, consumers affected by defective products have the right to pursue a claim for the harm that they suffered. If you would like to learn more about your right to file a claim based on product liability, do not hesitate to contact our firm today.
What Steps Should You Take?
Did your child suffer methyl salicylate poisoning? If so, there are a number of things that you should do to ensure that you can hold the liable party accountable for the harm suffered. What should you do if your child suffered harm associated with the Jade Bloom recalled oils? Consider some of the following suggestions:
- Take photos of your child
- Take photos of the scene of the incident
- Take photos of the defective product
- Seek medical attention for your child immediately
- Contact the company to report the incident and the harm that your child suffered
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to a refund or store credit
- Do not agree to return the defective product
- Gather any video footage that captured the incident (including home surveillance or nanny-cam footage, for example)
- Speak to witnesses and collect their testimonies
- Gather all medical records
- Gather any records associated with the purchase of the defective product
- Seek legal assistance with the experts at our firm immediately
If you would like to learn more about the steps that affected consumers should take to prepare to pursue their claims, do not hesitate to seek legal assistance with our experts at soon as possible. Our lawyers will guide you ever step of the way – and help you reach a successful claim outcome.
You Could Recover Compensation
If your product liability claim is successful, you could be eligible to recover monetary compensation for the harm that your child suffered. What could you receive? Based on the details surrounding your claim, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial expenses
- Punitive damages
Are you interested in learning more about the type and amount of compensation that you could be eligible to receive? If so, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. You can trust that the experts at our firm are ready to help you receive the compensation that you are owed.
File Your Claim Within the Deadline
Although you have the right to sue based on product liability, you could, unfortunately, lose your right to sue – if you fail to file your claim within the appropriate length of time. All claims are subject to a deadline, which is established by a statute of limitations. If claimants do not file their claims within the time allowed by the statute of limitations, they could lose their right to sue. What statute of limitations applies to your claim? What deadline is your claim subject to? In California, product liability claims are normally subject to a two-year statute of limitations; therefore, claimants will only have two years to file their claims. However, certain exceptions could apply – exceptions that could toll or pause the applicable deadline. For instance, exceptions apply to claims involving children; that is, the deadline could be tolled until the victim reaches an adult age, then the tolled deadline will resume.
Would you like to learn more about the specific length of time that you have to pursue your product liability claim? If so, do not hestiate to seek legal assistance with the experts at our firm to ensure that you have a thorough understanding of the time that you have to sue.
Contact Our Firm Today
Did your child suffer methyl salicylate poisoning? If so, do not hestiate to seek legal assistance with the experts at our firm as soon as possible. The product liability lawyers at our firm are ready to evaluate your claim and guide you towards a successful claim outcome. If you are ready to learn more about your right to sue Jade Bloom for the harm that your child suffered, do not hesitate to contact our firm today.
Our firm offers free legal services, which includes free consultations and free second opinions. During our free legal services, our lawyers will be available to answer all your questions as well as address all your concerns. The product liability lawyers at our firm are ready to provide you with all the information that you need to reach a successful outcome for your claim. Would you like to benefit from our free legal services? If so, do not hesitate to contact our firm today.
You can trust that you can contact our experts without having to worry about expensive fees. Our firm offers a Zero-Fee guarantee, which ensures that our clients will not have to pay upfront legal fees for any of our legal services. Our firm is also based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. What if you do not win? If you do not win, you will simply not have to pay anything.
Would you like to discuss your claim with the product liability experts at our firm? If so, contact us immediately.
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