Organic Pure Oil Recalls Wintergreen Essential Oils due to Poisoning Risk to Children

On May 14, 2020, Organic Pure Oil issued a recall for their Wintergreen Essential Oil. According to the recall, recall number 20-745, the product (which contains methyl salicylate) is not contained in child-resistant packaging as required by the Poison Prevention Packaging Act (PPPA). Because of the packaging issue, the product represents a poisoning risk to young children. The recall includes approximately 40 products.

The Organic Pure Oil Wintergreen Essential Oil was available in a 4 fl. oz (118 mL) amber glass bottle with a black dropper cap. The label is green and pink and displays the company name along with “Wintergreen,” “Gaulheria Procumbens,” and the volume amount. The company logo and the product name are printed on the label in green. The UPC code associated with the recalled product, 731525205594, can be found on the product’s online listing.

The recalled essential oils were sold exclusively via Amazon.com. The products were available from April 2018 through January 2020 for prices ranging between $29 and $32.

According to the recall, no incidents or injuries have been reported associated with the recalled product. Regardless, the company is urging affected consumers to immediately store the product in an area out of the reach of children and contact them for a refund. Both Organic Pure Oil and Amazon are directly contacting consumers.

Should you follow the suggestions mentioned above? The only time when consumers affected by a recall should follow the suggestions made by the company is when no harm has come from defective product. If the defective product directly contributed to harm, however, you should never consider following any recommendations made by the company (besides the obvious recommendation of stopping the use of the product and storing out of the reach of children). Instead, affected consumers should explore the legal options available to them.

If your child suffered methyl salicylate poisoning associated with the defective product recalled by Organic Pure Oils, you might have grounds to file a product liability claim. If you would like to learn more about your right to sue – and recover compensation for the harm suffered – do not hestiate to contact the experts at Normandie Law 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. Our product liability lawyers are ready to evaluate your current situation and provide you with the guidance that you need to hold the negligent company accountable for the harm suffered. If you are interested in exploring your legal options and learning more about your right to sue for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our firm immediately.

The Risk of Methyl Salicylate Poisoning and the Recalled Product

The essential oil mentioned above was recalled because it violates the PPPA, which requires potentially dangerous substances to be enclosed in child-resistant packaging. The product was released to the public even though it violated the PPPA. Because the product is not child-resistant, it represents a severe risk to young children.

Young children could, unfortunately, gain access to the substance. If they ingest the wintergreen essential oils, they can suffer methyl salicylate poisoning, which is associated with a number of symptoms. Methyl salicylate poisoning can affect the stomach and intestines (resulting in nausea and vomiting), the nervous system (resulting in fever, seizures, headaches, agitation, hallucinations, drowsiness, deafness, and coma), the heart and blood (resulting in low blood pressure and even collapse), the lungs and airways (resulting in no breathing, rapid breathing, and/or difficulty breathing), the eyes, ears, nose, and throat (resulting in throat swelling, tinnitus, corneal ulcers, and eye irritation), and the kidneys (resulting in no urine output or decreased urine output).

If the methyl salicylate poisoning is quickly addressed, survival is likely. Unfortunately, if treatment is delayed, the methyl salicylate poisoning can be fatal. Regardless of the specific situation, if your child suffered poisoning associated with the defective product, you might have grounds to pursue a claim.

What is Product Liability?

Your right to pursue a claim is specifically based on the concept of product liability. That is, companies owe you (and all other consumers) a duty of care – a duty to ensure that products are completely safe for consumers to use. Companies, unfortunately, can breach their duty of care towards their consumers. They can fail to test and inspect their products thoroughly, meaning that they can fail to identify and address the defects present in their products. When this happens, consumers are unknowingly put at risk. This could lead to incidents that directly harm consumers. Based on the concept of product liability, affected consumers could sue the companies that contributed to the harm that their children suffered.

Are you interested in learning more about product liability and your right to sue? If so, do not hestiate to seek legal assistance with the product liability lawyers at our firm as soon as possible. Our attorneys are ready to evaluate your current situation and help you hold the negligent company accountable for the harm that your child suffered.

What Should Parents Do?

If your young child suffered poisoning associated with the defective product mentioned above or any other type of defective product, there are a number of things that you should do to ensure that you can hold the negligent company accountable for the harm that your child suffered. Consider the recommended steps listed below:

• Take photos of your child (your child is likely to appear visibly ill)
• Take photos of the defective product
• Remove the product from the reach of children immediately
• Store it in a place where it will remain as-is
• Seek medical assistance for your child as soon as possible
• Contact the company to report the incident/harm
• Do not agree to a refund
• Do not agree to a repair or replacement
• Do not agree to return the defective product
• Speak to witnesses (if any were present)
• Gather any available surveillance video that captured the incident
• Gather all relevant medical records
• Gather death records (if the incident was fatal)
• Collect records associated with the purchase of the defective product
• Seek legal assistance with the experts at our firm immediately

Recovering Compensation

Based on the details surrounding the incident – and the harm that your child suffered – you and your family might be eligible to recover monetary compensation. Successful product liability claims can lead to the recovery of some of the compensation listed below:

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

The type and amount of compensation that you could be eligible to receive will always be based on the details surrounding the incident. Therefore, the best thing that you could do to better understand what you could be eligible to receive is to discuss your claim with an experienced product liability lawyer. When you allow the experts at our firm to handle your claim, you can trust that our lawyers will aggressively fight for your right to recover what you are owed. Our defective product attorneys will help you receive the highest amount of compensation available for your claim.

The Statute of Limitations

Although you might have grounds to sue based on product liability, you could lose your right to sue if you fail to file on time. All claims, including product liability claims, are subject to a statute of limitations – which determines the total length of time that claimants have to sue. If claimants fail to file their claims on time, they will lose their right to pursue legal action. In California, product liability claims are normally subject to a two-year statute of limitations, meaning that claimants only have two years to file a claim. However, exceptions to the statute of limitations could apply – exceptions which could toll or pause the applicable deadline. Exceptions apply to claims involving child victims; therefore, the applicable statute of limitations will not start running until after the victim reaches an adult age. To ensure that you have a thorough understanding of the time that you have to sue, do not hesitate to contact the experts at our firm immediately. Our lawyers will help you file your claim within the allowed timeframe.

Contact Normandie Law Firm Today

At Normandie Law Firm, we offer free legal services – which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. Our product liability lawyers will be available to provide you with all the information necessary to sue the negligent company and recover the compensation that you deserve. Would you like to benefit from our free legal services? If so, contact our firm today.

Our firm offers a Zero-Fee guarantee, which ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Since our firm is also based on contingency, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.

Would you like to discuss your claim with the experts at our firm? If so, contact us today.