Wyndmere Naturals Recalls Essential Oils due to Packaging Defect and Poisoning Risk

On April 16, 2020, Wyndmere Naturals issued a recall for two of their products – Birch Sweet Essential Oil as well as Aches & Pains Synergistic Blend. According to the recall (number 20-111, the product packaging fails to meet requirements set by the Poison Prevention Packaging Act (PPPA). Because the product contains methyl salicylate, the product must be packaged in child resistant packaging. Since the product packaging is not child resistant, young children run the risk of poisoning (if they gain access to and swallow the product).

As mentioned above, the recall includes two products – the Birch Sweet Essential Oil in addition to the Aches & Pains Synergistic Blend. The Birch Sweet Essential Oil consists of a 10 mL cobalt blue glass bottle, with a black cap as well as a yellow label. “Wyndmere,” “Birch Sweet,” “Pure Essential Oil,” and the UPC code (602444000907) are printed on the product’s label. On the bottom of the bottle, the batch number (12717-65) is printed in yellow ink. The Aches & Pains Synergistic Blend consists of a 10 mL cobalt blue glass bottle; it has a black cap and a blue label. “Wyndmere,” “Aches & Pains,” “Synergistic Blend,” as well as the UPC code (602444010609) are printed on the product’s label. On the bottom of the bottle, the batch number (112019-65) is printed in yellow ink.

The recalled products were sold in grocery stores and online (via Amazon.com and Wyndmerenaturals.com) from January 2020 to March 2020. The recalled essential oils were sold for prices ranging from $7 to $12.

The company claims that no incidents or injuries have been reported in association with the defective product. Regardless, they are urging consumers affected by the recall to immediately store the product in a safe area out of the reach of children; consumers are also urged to contact the company for either a full refund of a free replacement child-resistant cap.

Should you agree to a replacement or a refund? The answer to that question depends on whether the defective product caused any harm in your household. If your child gained access to the recalled product and suffered methyl salicylate poisoning, you might not want to agree to any of the company’s recommendations. Instead, you should explore your legal options – and hold Wyndmere Naturals accountable for the harm that your child suffered.

Based on the details surrounding the incident and the harm suffered, you might have grounds to sue. You could file a product liability claim. If you would like to learn more about your right to file a product liability claim for the harm that your young 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 all sorts of claims. Our product liability lawyers are ready to evaluate your defective product claim and help you recover the highest amount of compensation available. If you would like to discuss your claim with the experts at our firm, do not hesitate to contact us as soon as possible.

The Poisoning Risk Associated with the Defective Products

According to the PPPA, household substances that could be dangerous when ingested should be in child-resistant packaging, to reduce the poisoning risk to children. Methyl salicylate (wintergreen oil) is used in a number of readily available over-the-counter products; the substance can be poisonous if large amounts are ingested.

The symptoms associated with methyl salicylate poisoning generally depend on how much of the substance was ingested. Methyl salicylate poisoning can affect many of the body’s systems. For example, poisoning can affect the eyes, ears, nose, and throat by causing eye irritation (including light sensitivity, tearing, redness, pain, and burning), loss of vision, swelling of the throat, and ringing in the ears. Likewise, poisoning can affect the nervous system and cause confusion, agitation, hallucinations, dizziness, drowsiness, deafness, fever, headache, and seizures. The stomach and intestines can also be affected; poisoned children could suffer nausea and vomiting. Additionally, the lungs/airways can also be impacted; children could experience rapid breathing, difficulty breathing, and – in some cases – no breathing. Low blood pressure and collapse are signs that the heart has been affected. It is also possible for the bladder and kidneys to be affected; specifically, victims could experience kidney failure due to decreased/no urine output.

Based on the severity of the poisoning (the amount of substance that was ingested), it could be fatal. If the poisoning is caught on time and the victim survives, it is possible for the victim to be left with long-term injuries. Regardless of the harm that your young child suffered associated with the methyl salicylate poisoning, you might have grounds to take legal action.

Product Liability – You Might Have Grounds to Sue

As mentioned above, you might have grounds to take legal action if your child suffered methyl salicylate poisoning due to the defective product. Specifically, you could sue based on the concept of product liability. Based on product liability, companies can be liable for the harm that consumers suffer as a direct result of defective products. This is because all companies owe their consumers a duty of care – a duty to ensure that products are safe to use and free of any defects. When companies fail to identify and/or address the defects or hazards present in their products, they are breaching their duty of care towards consumers. A breached duty of care can directly lead to an incident, which can cause harm to consumers.

When a consumer suffers harm associated with a defective product, the consumer could pursue a claim – that is, a product liability claim. Would you like to learn more about your right to sue based on the concept of product liability? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to gain a better understanding of your right to pursue a claim for the methyl salicylate poisoning that your child suffered.

Can I Recover Compensation?

Based on the details surrounding your product liability claim, you and your family might be eligible to recover compensation for the harm that your child suffered due to the defective product. Although every product liability claim is different, claimants could be eligible to receive compensation for some of the following:

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

Could you really recover the categories of compensation listed above upon reaching a successful claim outcome? The type and amount of compensation that you could be eligible to receive will always be based on the details surrounding your claim. To ensure that you understand the potential value of your claim and the type of compensation that you could be eligible to recover, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim.

Although our experts understand that recovering compensation will not reverse any of the harm that your child suffered, receiving monetary compensation can help you and start moving forward and past this traumatic experience. Do not hesitate to seek legal assistance with the experts at our firm today.

What Should I Do?

If your child suffered poisoning due to the defective product packaging, there are a number of steps that you should take to prepare to pursue your claim. Consider the recommended steps listed below:

• Seek medical attention as soon as possible – do not be afraid to seek multiple medical opinions
• Take photos of any visible injuries (i.e. your child might look distressed or sick)
• Take photos of the defective product
• Remove the defective product from the reach of children
• Contact the company to report the product defect as well as the harm suffered
• Do not agree to return the defective product (as it will be your primary piece of evidence)
• Do not agree to a replacement, repair, or refund
• Speak to any witnesses present at the time of the incident
• If the incident was caught on surveillance, gather all relevant footage (including baby monitors, nanny cams, and home surveillance, for instance)
• Gather medical records
• Gather records of the purchase of the defective product
• Seek legal assistance with an experienced attorney

How Long Do I Have to Sue?

To ensure that you can hold Wyndmere Naturals or any other negligent company accountable for the harm suffered associated with a defective product, you must file your claim within the time allowed by the statute of limitations. A statute of limitations determines the specific length of time that claimants have to sue. If claims are not filed within the appropriate length of time, claimants could lose their right to sue. How long do you have to file your product liability claim? In California, product liability claims are normally subject to a two-year statute of limitations, meaning that claimants will only have two years to file their claims. However, exceptions could apply. In cases that involve children, the statute of limitations could be tolled/paused until the victim reaches an adult age (either after turning eighteen or being emancipated). That is, if the victim’s parents do not file a claim on behalf of the victim, the victim could sue independently after becoming a legal adult. He or she will have two years to sue (after becoming a legal adult).

To ensure that you have a thorough understanding of the time that you have to pursue your product liability claim against Wyndmere Naturals, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.

Contact Our Firm Today

At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Unfortunately, consumers are often harmed by defective products; however, they lack the representation to take action against the companies liable for the harm suffered. At our firm, we are committed to helping affected consumers hold negligent companies accountable for the harm resulting from defective products. Our experienced lawyers are ready to evaluate your claim and guide you towards a successful claim outcome.

At our 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 any of your concerns. Our experienced defective product attorneys will be available to provide you with all the information necessary to pursue your claim and ensure that you recover the compensation that you are owed. If you would like to benefit from our free legal services, do not hesitate to contact our firm at your earliest convenience.

Our firm offers a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront costs for our legal services. Because our firm is based on a contingency structure, our clients will not be required to pay anything until after reaching a successful claim outcome. What does this mean? If you do not win, you will not be required to pay anything.

To further discuss your claim with the experts at our firm, do not hesitate to contact us as soon as possible.

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