REVIVE Essential Oil Issues Recalls for Oils due to Packaging Defect and Risk of Poisoning to Young Children
On August 6, 2020, REVIVE issued a recall for five of their essential oils: Wintergreen, Birch, Sore No More, Ache Away, and Breeze. According to the recall, number 20-769, the products contain methyl salicylate, which is a substance which must be in child resistant packaging (based on the Poison Prevention Packaging Act (PPPA). Because the packaging is not child resistant, the product poises a poisoning risk to young children. The recall has affected approximately 26,630 products.
The recall specifically involves the following REVIVE oils and lot numbers:
- Wintergreen Essential Oil (with lot numbers: 009807, 892810, 8322, 8315, 8334, 8358, 8407, and 8720)
- Birch Essential Oil (with lot numbers: 8322, 8321, 8334, 8359, 8500, 0033, and 8383)
- Sore No More Essential Oil Blend (with lot numbers: 8320, 8328, 8337, 8353, 8362, 8373, and 8405)
- Ache Away Essential Oil Blend (with lot numbers: 348808, 8314, 8322, 8333, 8353, 8385, 8506, and 8370)
- Breeze Essential Oil Blend (with lot numbers: 8323, 8500, 8385, 8353, and 8321)
The products are in 10 mL amber glass bottles that have black caps. The brand name, “REVIVE,” the specific product name, the lot number, and the volume amount are all printed on the label.
The recalled products were available exclusively online via REVIVE-EO.com; the products were sold for prices ranging from $8 to $32. They were available from August 2018 through May 2020.
According to the company, no incidents or injuries have been reported associated with the recalled products. Regardless, consumers are being urged to immediately store the recalled products in a safe place (out of the reach of children) and contact them for a free child-resistant replacement cap. REVIVE is contacted known affected consumers directly.
What do you think of the suggestions made by the company? Should you simply agree to contacting the company for a free replacement child-resistant cap? The action that you should take depends on whether your child suffered harm. If your child suffered poisoning associated with the defective product, you should consider the legal options available to you. Specifically, you might have grounds to pursue a product liability claim.
If your child suffered methyl salicylate poisoning associated with any of the essential oils recently recalled by REVIVE, you should consider pursuing a claim against the negligent company. If you would like to learn more about your right to sue REVIVE for the poisoning that your child suffered, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
At Normandie Law Firm, our lawyers have many years of experience handling different types of claims and representing the best interests of our lawyers. Our knowledgeable product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a positive claim outcome. If you are interested in learning more about your right to sue and your right to recover monetary compensation for the harm that your child suffered do to the defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
The Danger Associated with the Recalled Essential Oils
As explained above, the essential oils recalled by REVIVE are not in child-resistant packaging, as required by the PPPA. Therefore, children can gain access to the product, ingest the substance, and suffer poisoning. Some of the symptoms associated with methyl salicylate poisoning include the following:
- Coma
- Corneal ulcers (which can lead to loss of vision)
- Dizziness
- Drowsiness
- Eye irritation
- Fevers
- Hallucinations, confusion, and agitation
- Headaches
- Kidney failure (including no urine output or decreased urine output)
- Low blood pressure (including collapse)
- Nausea and vomiting
- Respiratory issues (including rapid breathing and difficulty breathing)
- Seizures
- Swelling of the throat
- Tinnitus (ringing in the ears) and deafness
With prompt treatment, the symptoms can be addressed, and the poisoning can be reversed. However, if treatment is delayed or if the amount of substance ingested was large, the poisoning could ultimately be fatal. Whether your child suffered harm or lost his or her life due to the poisoning, you might have grounds to sue.
Consumers and Product Liability
Based on the concept of product liability, all companies owe their consumers a duty of care. That is, they have a duty to ensure that their products are completely safe for consumers to use. They must test and inspect their products to ensure that products are free of defects. They must also ensure that their products meet all standards, such as the PPPA. When companies fail to identify and address the hazards present in their products, they are breaching their duty of care. This breach of duty also puts consumers at risk of suffering harm. Because of the concept of product liability, whenever a breached duty of care (or a defective product) leads to harm to a consumer, the company could be liable. This means that affected consumers could sue and file product liability claims. If you would like to learn more about the concept of product liability and your rights as a consumer, including your right to file a product liability claim, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
You Could Sue and Recover Compensation
If your child suffered harm associated with the defective REVIVE products that were recently recalled, you might have grounds to sue – as explained above. In addition, you could be eligible to recover monetary compensation for the harm that your child suffered. Could you and your family really be eligible to recover compensation? The type and amount of compensation that you could be eligible to receive will always be based on the details surrounding your claim.
Although every claim is different, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
For more information about the compensation that you could be eligible to recover if your product liability claim against REVIVE is successful, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. When you allow the experts at our firm to handle your claim, you can be certain that our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. The product liability lawyers at our firm will not rest until you receive the compensation that you and your family are owed.
What Should You Do?
Did your child suffer harm associated with the defective essential oils recalled by REVIVE? If so, there are a number of steps that you should do ton prepare to pursue a claim and hold the company accountable the harm that your child suffered. Without a doubt, it can be difficult to think clearly after your child is harmed; therefore, consider the following recommendations:
- Take photos of any visible harm (your child might look ill after ingesting the substance)
- Take photos of the defective product
- Take photos of the scene of the incident (before anything is cleaned up)
- Seek medical attention immediately
- Contact the company to report the incident
- Do not agree to return the defective product
- Do not agree to a free repair or a free replacement (or a free child-resistant cap)
- Do not agree to a refund
- Speak to any witnesses present at the time of the incident
- Gather any surveillance video that could have captured the incident
- Gather all medical records (if your child died as a result of the poisoning, gather death records)
- Gather records associated with the purchase of the defective product (including order confirmations, email receipts, etc.)
- Seek legal assistance as soon as possible
If you would like to learn more about the importance of following the recommended steps listed above, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers will guide you every step of the way.
The Statute of Limitations
How long do you have to pursue your claim? All claims are subject to a statute of limitations, to determine the specific length of time that claimants have to sue. This is to ensure that claims are filed promptly and fairly. If claimants fail to file their claims within the appropriate length of time, claimants will lose their right to sue. How long do you have to pursue your claim? 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. However, exceptions can apply to claims – especially those that include harm to children. If an exception applies, the statute of limitations could be tolled or paused. In cases that involve children, the statute of limitations could be paused until the victim reaches eighteen years old, meaning that the victim could file a claim independently (if parents did not already file a claim). To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, contact our firm today.
Contact Our Firm
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to hold the at-fault company accountable for the harm that your child suffered. If you would like to discuss your claim with the defective product attorneys at our firm, contact us today.
We believe that all consumers affected by defective products should have access to the legal services necessary hold the liable companies accountable for the harm resulting from their products. To remain accessible, our firm offers free legal services. Our free legal services include free consultations and free second opinions, during which our product liability lawyers will be available to answer all your questions and address all your concerns. Our defective product attorneys are ready to provide you with all the information that you need to pursue your product liability claim. If you are ready to discuss your claim with the experts at our firm, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
We also offer 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. In addition, we offer a strict contingency structure, meaning that our clients will never be required to pay anything until after reaching a successful claim outcome. If you do not win, you will simply not be required to pay anything.
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