On July 2, 2020, Edens Garden issued a recall for their Edens Garden 100% Pure Wintergreen and Essential Oil products. According to the recall, number 20-756, the products contain methyl salicylate, which is a substance that must be in child-resistant packaging per the Poison Prevention Packaging Act (PPPA). Because the product does not comply with the PPPA and is not in child-resistant packaging, the product can represent a risk to young children who can access the contents of the product and swallow it.
The recall has affected approximately 8,200 units. The 100% Pure Wintergreen and Birch Essential Oils were available in amber glass bottles with black caps. The oils were available in a number of bottle sizes, including 5 mL, 10 mL, 30 mL, and 4 fl. Oz. The product label contains the Eden Garden logo (printed in black), the product name (printed in white), and the volume amount of the bottle.
The recalled essential oils were available exclusively online at EdensGarden.com from May 2018 through April 2020; they were sold for prices ranging from $6 to $70 each.
According to the recall, no incidents or injuries have been reported. The company is urging all consumers affected by the recall to immediately place the product in an area inaccessible to children and contact them for a free replacement cap. The company is contacting known consumers directly to inform them of the recall.
Should you follow the recommendations made by the company? The answer to this question depends on whether the defective product resulted in harm. Did your child suffer poisoning associated with the recalled product? If your child suffered methyl salicylate poisoning, you should not agree to a free replacement cap; rather, you should explore the legal options available to you. After all, the poisoning that your child suffered could be directly associated with the negligence of the company that made the defective product available for purchase.
If your child suffered harm, you might have grounds to file a product liability claim against Eden Garden. If you are interested in learning more about your right to sue for the methyl salicylate poisoning that your young child suffered due to the defective product, do not hesitate to contact the experts at our firm as soon as possible.
At Normandie Law Firm, our lawyers are ready to provide you with the guidance that you need to hold the negligent company accountable for the harm that your child suffered. Our lawyers have many years of experience handling all sorts of claims, including product liability claims. You can trust that our lawyers are ready to provide you with the guidance that you need to sue the liable company and recover the compensation that you are owed. If you are ready to discuss your claim with our attorneys, contact us today.
The Defective Products Can Lead to Methyl Salicylate Poisoning
As explained above, the recalled products contain methyl salicylate which is a substance that can be poisonous if ingested by young children; because of that, certain products are required to be in child-resistant packaging based on the PPPA. Because the product violates the PPPA and is not contained in child-resistant packaging, young children can easily access the contents of the product, ingest it, and suffer methyl salicylate poisoning.
Methyl salicylate poisoning can lead to a number of symptoms, which can include some of the following:
- Kidney failure (specifically decreased urine output or no urine output)
- Eye irritation (including redness, burning, tearing, pain, and light sensitivity)
- Corneal ulcers (leading to loss of vision)
- Ringing in the ears (also known as tinnitus)
- Swelling of the throat
- Low blood pressure (which can lead to collapse)
- Respiratory problems (including rapid breathing, difficulty breathing, and/or no breathing)
- Nausea and vomiting
- Headaches, fevers, and seizures
- Drowsiness
- Dizziness
- Deafness
- Hallucinations, confusion, and agitation
- Coma
When the methyl salicylate poisoning a child is suffering is quickly addressed, treatment is effective, and symptoms can be reversed with little to no complications. Unfortunately, however, methyl salicylate poisoning can be fatal if it is not addressed efficiently and promptly. Regardless of the specific harm that your child suffered, you should explore your legal options and consider your right to pursue a product liability claim.
Understanding Product Liability
Your right to sue for the harm that you or a member of your family suffered is based on the concept of product liability. What is product liability? Based on product liability, companies owe their consumers a duty of care. Specifically, companies have the duty to ensure that their products are completely safe for their consumers to use. They must subject their products to tests and inspections to ensure that they are free of any hazards and that they meet all safety standards (such as those established by the PPPA). When companies fail to do this, they are breaching their duty of care and putting their consumers at risk of suffering harm. When a breach of duty directly contributes to the harm that a consumer suffers, the company could be liable.
What does this mean? If a company is liable for the harm that a consumer suffers, affected consumers could sue for the harm caused by the defective product. If you would like to learn more about your right to sue based on the concept of product liability, do not hesitate to seek legal assistance with the product liability lawyers at our firm at your earliest convenience.
Prepare to File Your Product Liability Claim
There are a number of things that affected consumers should do to prepare to pursue their claims against the companies that negligently contributed to the harm suffered. What should you do? Consider some of the recommendations listed below:
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Take photos of your child – he or she may look physically ill
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Take photos of the scene of the incident
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Seek medical care for your child as soon as possible
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Contact the company to report the incidnet and the harm suffered
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Do not agree to a refund
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Do not agree to a free replacement (including a free replacement cap)
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Do not agree to a free repair
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Do not agree to return the defective product
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Gather any home surveillance video that could have captured the incident (including nanny cam footage)
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Speak to witnesses
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Gather all medical records associated with the incident
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Gather all purchase records associated with the defective product
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Seek the expert opinion of a product liability lawyer as soon as possible
When you follow the steps listed above, you are essentially gathering the tools necessary to pursue your product liability claim. If you would like to learn more about the steps that you should take after your child suffered methyl salicylate poisoning associated with a defective product, contact our firm as soon as possible.
You Could Be Compensated
If your product liability claim is successful, you could be eligible to recover compensation for the harm that your child suffered. Without a doubt, monetary compensation will not reverse the harm that your child suffered; however, it can help you and your entire family move forward after such a traumatic experience. What could you be eligible to receive? Based on the details surrounding your claim, you could be awarded some of the following:
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Medical expenses
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Lost earnings
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Pain and suffering
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Funeral and burial fees
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Loss of consortium
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Punitive damages
If you would like to learn more about the compensation that you could be awarded if your claim is successful, contact our firm today. Our defective product attorneys are ready to evaluate your claim and aggressively fight for your right to recover the highest amount of compensation available for your claim.
The Statute of Limitations
Although you likely have the right to sue based on the concept of product liability, you could lose your right to sue if you fail to file your claim on time. This is because all claims are subject to a statute of limitations, which ensures that claims are filed promptly. If claimants do not file their claims on time, they could lose their right to sue and fight for their right to recover compensation. How long do you have to sue?
In California, product liability claims are usually subject to a two-year statute of limitations, which means that claimants only have two years to pursue their claims. However, exceptions can apply – specifically to claims that involve injuries to children. If the child survives, the victim could pursue a claim independently once he or she becomes a legal adult. This is because, in claims involving harm to children, the statute of limitations can be tolled until the victim reaches an adult age.
To ensure that you have a thorough understanding of the total length of time that you have to pursue your product liability claim against Eden Garden, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Contact Our Firm Today
Did you child suffer methyl salicylate poisoning associated with the recalled essential oils? If so, do not hesitate to seek legal assistance with the experts at our firm immediately. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims – always fighting to represent the rights of innocent consumers harmed by the negligence of companies. If you are ready to discuss the possibility of pursuing your claim against Eden Garden with the experts at our firm, contact Normandie Law Firm as soon as possible.
We offer free legal services, which include free consultations and free second opinions. During these free legal services, our knowledgeable product liability lawyers will be available to answer all your questions and address all your concerns. Our experienced attorneys will provide you with the guidance that you need to start or continue your claim against Eden Garden. If you are ready to benefit from our free legal services, contact our firm at your earliest convenience.
We offer a Zero-Fee guarantee that ensures that our clients will not be required to pay any upfront expenses for our legal services. Our firm is also based on a strict contingency structure, meaning that our clients will not be required to pay anything until after winning their claims (all fees will come from what is recovered). If you do not win, you will not be required to pay anything.
Would you like to discuss your claim with the product liability lawyers at our firm? If so, contact us today.
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