Natural Health Partners Recalls Dr. Mercola Wintergreen Essential Oils

On April 23, 2020, Natural Health Partners issued a recall for their Dr. Mercola Wintergreen Essential Oil. According to the recall, number 20-736, the products (which contain methyl salicylate) are not in child resistant packaging. The products violate Poison Prevention Packaging Act (PPPA) requirements and pose a significant risk of poisoning to children – as children could potentially access the substance and swallow it.

The recall has affected approximately 5,600 products. The recall specifically involves the Dr. Mercola Wintergreen Essential Oil which was available in a 1 fl. oz (30 mL) glass bottle. The glass bottles were amber with black caps. The affected products can be identified by lot codes WTG-001-T and WTG-001-U, which are printed on the label above the UPC code. The UPC code included in the recall is 813006019729.

The recalled products were available online via www.shop.mercola.com for approximately $30 each; the products were sold from December 2017 to August 2019. According to the recall, no incidents or injuries have been reported. Regardless, the company is urging all consumers affected by the recall to store the product in an area out of the reach of children. They are also urging affected consumers to contact them for a free replacement of the child resistant cap – consumers are also being given the option of getting a full refund. The company is contacting known consumers directly.

Were you affected by the recall? If so, should you agree to either a free replacement cap or a full refund? If your young child accessed the product and suffered poisoning, you should not even consider agreeing to any of the “solutions” offered by the company. Instead, you should consider taking legal action. After all, the methyl salicylate poisoning that your child suffered would have never happened if it were not for the defective product packaging. Based on the details surrounding the incident and the harm that your child suffered, you might have grounds to sue – you could file a product liability claim.

Would you like to learn more about your right to file a product liability claim for the harm that your child suffered because of the defective product? If so, do not hesitate to seek legal assistance with the experts at Normandie Law Firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, always fighting for the rights of those negligently harmed by others. If your child was harmed by a negligent company, you can trust that our experts will help you hold the company accountable for the harm suffered. Our product liability lawyers are ready to help you pursue your product liability claim against Natural Health Partners or any other company. Contact our firm today.

The Danger Associated with the Product Packaging

According to the PPPA, certain substances – such as methyl salicylate – must be contained in child resistant packaging, since the ingestion of the substance can be dangerous to young children. Because the product packaging fails to meet PPPA standards, children can easily access the product. When children gain access to the product and swallow it, they can suffer a number of symptoms associated with methyl salicylate poisoning.

Some signs of poisoning include the following:

• Agitation
• Coma
• Confusion
• Deafness
• Dizziness
• Drowsiness
• Eye irritation and/or loss of vision
• Fever
• Hallucinations
• Headache
• Kidney failure
• Low blood pressure (collapse, in severe cases)
• Nausea and vomiting
• Respiratory problems (such as difficulty breathing, rapid breathing, and no breathing)
• Ringing in the ears
• Seizures
• Swelling of the throat

Although it is likely for children to survive methyl salicylate poisoning, it is possible for the poisoning to be fatal – if it is not treated on time. Did your child suffer poisoning associated with defective product packaging? If so, you might have grounds to take legal action for the harm that your child suffered.

What Is Product Liability?

Are you interested in learning more about the legal options available to you after your child was harmed by a defective product? Based on the details surrounding the incident, you might have grounds to file a product liability claim. What is product liability? How does product liability affect your right to sue? Based on product liability, all companies owe their consumers a duty of care. That is, companies have a duty to keep their products safe and free of any hazards. To exercise their duty of care, companies must test and inspect their products to be able to identify and address the any defects present. Some companies fail to exercise their duty of care and instead breach their duty of care – meaning that they make defective products available to the public. Defective products could contribute to incidents which can harm consumers.

Based on the concept of product liability, companies could be liable for the harm that consumers suffer as a direct result of a defective product. This means that affected consumers could sue liable companies. If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.

What Should You Do?

Although unfortunate, many consumers simply do not know what to do after suffering harm due to a defective product; therefore, they negatively impact their chances of being able to pursue a claim. What should you do after your child suffered harm associated with a defective product? Consider the following recommendations:

• Take photos of any visible harm (although poisoning might not be physically obvious, your child could be visibly ill)
• Take photos of the defective product
• Seek medical attention for your child as soon as possible
• Contact the company
  • Report the harm suffered
  • Report the product defect
  • Do not agree to a refund
  • Do not agree to a free repair
  • Do not agree to a free replacement
  • Do not agree to return the defective product
• Gather all medical records relevant to the incident
• Gather death records (if the poisoning was fatal)
• Gather purchase records
• Speak to any witnesses
• Gather surveillance footage (if any is available)
• Seek legal assistance with the experts at our firm as soon as possible

You Could Recover Compensation

Monetary compensation will never reverse the harm that your child suffered due to a defective product; however, it can help you, your child, and your entire family move forward from such a traumatic time in your life. Could you be eligible to recover monetary compensation for the harm that you suffered? Based on the details surrounding your claim (including the harm that your child suffered), you might be eligible to recover compensation for some of the following:

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

The type and amount of compensation available for recovery will always be based on the details surrounding your claim. Regardless of the facts surrounding your claim, you can trust that our experienced attorneys will aggressively fight for your right to recover the highest amount of compensation available for your claim. For more information on the compensation that you might be eligible to recover if your claim is successful, do not hesitate to contact our product liability lawyers today.

The Deadline to File Your Claim

As explained above, you might have grounds to sue for the harm that your child suffered associated with the defective product. However, you could lose your right to sue if you fail to pursue your claim within the appropriate length of time. All claims are subject to a statute of limitations, or a deadline to sue. If claimants do not file their claims within the time allowed by the appropriate statute of limitations, they could lose their right to sue.

What deadline applies to your claim? In California, product liability claims are normally subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. As mentioned above, claimants could lose their right to sue if they fail to file within the statute of limitations.

It is also important that all claimants know that their claims could be subject to exceptions, meaning that the applicable deadline could be tolled/paused for some time. Claims involving children may be subject to an exception, for example. In these claims, the statute of limitations may be tolled until the victim reaches an adult age. What does this mean? Although parents have the right to pursue claims on children’s behalf, victimized children could pursue their claims independently once they are adults.

To ensure that you have a thorough understanding of the time that you have to pursue your claim, do not hesitate to seek legal assistance with our experts as soon as possible. Our product liability lawyers will help you understand the total length of time that you have to sue.

Contact Normandie Law Firm Today

Did your child suffer poisoning associated with the defective product mentioned above? If so, you might have grounds to pursue a product liability claim against Natural Health Partners. Are you interested in learning more about your right to sue? If so, do not hesitate to contact the experts at our law firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience representing the best interests of our clients. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful outcome. Would you like to discuss your claim with the experienced attorneys at our firm? If so, do not hesitate to contact our firm today.

Normandie Law Firm has successfully handled countless product liability claims, helping injured consumers and their families recover the compensation that they are owed. Our firm understands how difficult it is to gain access to legal services; because of that, and to remain accessible to all consumers who have been affected by defective products. Our firm offers free legal services, which include free consultations and free second opinions. Our free legal services ensure that you have access to all the information that you need to hold the negligent company accountable for their actions. During our free legal services, our lawyers will answer all your questions and address all your concerns. Would you like to benefit from our free legal services and speak to our experts? If so, do not hestiate to contact our firm today.

At our firm, we offer a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront legal expenses for our legal services. Our law firm is also based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. This means that you will not have to pay anything until you win – if you do not win, you will not have to pay.

If you are ready to discuss your claim with the experts at our law firm, do not hesitate to contact us at your earliest convenience. Our defective product attorneys are ready to provide you with the guidance that you need to pursue your claim against the company that negligently contributed to your child’s poisoning. Do not hesitate to contact our firm today.

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