Essential Trading Post Issues Recall Wintergreen and Birch Essential Oils due to Poisoning Risk
On April 30, 2020, Essential Trading Post issued a recall for their Wintergreen and Birch Essential Oils. According to the recall, number 20-740, the products, which contain substance methyl salicylate, are not in child resistant packaging, as is required by the Poison Prevention Packaging Act (PPPA). Because of this, the product can be accessed by children and represents a poisoning risk to children. The recall has affected approximately 200 products.
The recall specifically includes the following products:
- Essential Trading Post Wintergreen
- SKU: 731244690954 (4 mL)
- SKU: 731244690961 (15 mL)
- SKU: 731244690978 (30 mL)
- SKU: 731244690985 (60 mL)
- SKU: 731244690992 (120 mL)
- SKU: 731244691005 (240 mL)
- SKU: 731244691012 (480 mL)
- Essential Trading Post Birch
- SKU: 731244685639 (4 mL)
- SKU: 731244685646 (15 mL)
- SKU: 731244685653 (30 mL)
- SKU: 731244685660 (60 mL)
- SKU: 731244685677 (120 mL)
- SKU: 731244685684 (240 mL)
- SKU: 731244685691 (480 mL)
The affected are in contained in amber glass bottles with black caps. The company logo, the product name, and the volume amount are all printed on the logo. The SKU can be found printed on the bottom of the glass bottle.
The defective products were available via EssentialTradingPost.com for prices ranging between $3 and $105. The products were available from April 2018 through April 2020.
According to the company, no incidents or injuries have been reported associated with the defective product. The company is urging affected consumers to immediately store the product away from the reach of children and contact them for a full refund.
Should you agree to a refund? If you and your family have simply been inconvenienced by the defective product, it makes sense to agree to a refund. However, if your child suffered poisoning associated with the defective product, you should not follow the suggestion of getting a refund; instead, you should explore the legal options available to you.
Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to file a product liability claim. To learn more about your right to sue, do not hestiate to seek legal assistance with the experts at our firm as soon as possible.
The lawyers at Normandie Law Firm have many years of experience handling all sorts of claims, including product liability claims. Our product liability attorneys have successfully handled all sorts of claims, guiding affected consumers towards successful outcomes and the recovery of the compensation to which they are entitled. If you would like to discuss your claim with the experts at our firm, contact Normandie Law Firm today.
The Poisoning Risk Associated with the Recalled Essential Oils
As explained above, the defective product violates the PPPA, which requires dangerous substances to be contained in child-resistant packaging. Methyl salicylate is considered a dangerous substance; therefore, it must be in child resistant packaging. Since the product is not in child-resistant packaging, it represents a poisoning risk. Methyl salicylate poisoning can cause a number of symptoms, including symptoms which affect the bladder and kidneys, the eyes, ears, nose, and throat, the heart, the lungs/airways, the nervous system, as well as the stomach and intestines. More specifically, symptoms could include kidney failure, eye irritation, loss of vision, swelling of the throat, tinnitus, low blood pressure, collapse, fever, seizures, coma, agitation, dizziness, drowsiness, deafness, headache, nausea, vomiting, and respiratory issues. Unfortunately, methyl salicylate poisoning can be fatal if treatment is not prompt.
Product Liability – You Have the Right to Sue
Companies owe their consumers a duty of care – a duty to ensure that their products are safe for their consumers, including that they meet all safety regulations. Companies must test and inspect their products; this allows companies to identify and address the defects present in their products before releasing them to consumers. Companies can breach their duty of care and fail to ensure the safety of their products. As a result, consumers are put at risk of suffering harm. When a consumer suffers harm due to a defective product, the company that released the product even though it was defective could be at-fault. Based on product liability, affected consumers could sue the companies that negligently contributed to the harm caused by defective products. If you would like to learn more about product liability and your right to sue, contact our firm today.
Affected Consumers Must Act Appropriately
If your child suffered harm associated with the defective product, there are a number of steps that you should take to prepare to gather the tools necessary to file your claim. Consider the recommended steps listed below:
- Take photos of your child (your child might look sick even without any physical injuries)
- Take photos of the scene of the incident
- Take photos of the defective product
- Seek medical attention as soon as possible
- Contact the company to report the defective product as well as the harm suffered
- Do not agree to a free repair or a free replacement
- Do not agree to a refund
- Do not agree to return the product
- Keep the defective product in a safe place, out of the reach of children (do not tamper with the defective product in any way)
- Speak to witnesses and collect their testimonies
- Gather any video surveillance that captured the incident (such as baby monitors or nanny cams)
- Gather all medical records associated with the harm caused by the defective product
- Gather purchase records associated with the defective product (including receipts, bank statements, shipping confirmations, etc.)
- Seek legal assistance with the experts at our firm as soon as possible
You Could Recover Monetary Compensation
If your product liability claim against the negligent company is successful, you could be eligible to recover compensation for the harm that your child suffered. Without a doubt, monetary compensation will never reverse the harm that your child suffered due to a defective product. However, it can help you and your entire family move forward after such a traumatic experience. Could you really be eligible to receive compensation? Consider some of the following categories of compensation that you might be eligible to recover:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral/burial costs
- Punitive damages
Because the type and amount of compensation that you could be eligible to recover will be based strictly on the details surrounding your claim, you should discuss your claim with an experienced attorney to ensure that you have a thorough understanding of the value of your claim and the compensation that you could recover. Are you ready to learn more about the type and amount of compensation that you could be eligible to receive? You can trust the experts at our firm to help you recover the highest amount of compensation available for your product liability claim. Do not hesitate to contact our firm today.
File Your Claim on Time
As explained above, you might have grounds to sue based on the concept of product liability. To preserve your right to sue, however, you must file your claim within the appropriate length of time. This is because all claims are subject to a statute of limitations. The statute of limitations that applies to your claim determines the total length of time that you have to sue.
In California, product liability claims are subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. If the product liability claim is not filed within the two-years allowed by the statute of limitations, the claimant will lose the right to sue. However, it is important to know that exceptions can apply – especially when children are involved. When a child is the victim, the statute of limitations is tolled; this means that, when the victim reaches an adult age, he or she will be able to file (and have two years to do so).
To ensure that you have a thorough understanding of the time that you have to file your claim against Essential Trading Post or any other company that negligently contributed to the harm that your child suffered, you must discuss your claim with the experts at our firm immediately. Our lawyers will ensure that you file your claim within the appropriate length of time.
Contact Normandie Law Firm Today
Did your child suffer methyl salicylate poisoning associated with the Essential Trading Post recall of the essential oils? If so, you should explore the legal options available to you. Based on the details surrounding the incident and the harm that your young child suffered, you might be eligible to sue – you could even be eligible to recover compensation. If you would like to learn more about your legal options, 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, including product liability claims. If you would like to discuss your claim with the experts at our firm, do not hestiate to contact our firm today.
At Normandie Law Firm, we believe in remaining accessible for all parties who are interested in taking legal action for the harm that they suffered. Our firm offers free legal services – including 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; our defective product attorneys will provide you with the information and guidance that you need to pursue your claim. Are you interested in starting your claim? Are you interested in redirecting your claim? Regardless of whether you want to start or you or continue your claim, you can trust that the experts at our firm are ready to help you reach a successful claim outcome.
We offer a Zero-Fee guarantee, which ensures that our clients will not be required to pay upfront expenses for our legal services. In addition, due to our contingency structure, our clients will not be required to pay anything until after winning. If you do not win, you will not be required to pay anything.
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