On March 19, 2020, Plant Therapy issued a recall for multiple products. The recall included the following products: Plant Therapy Wintergreen; Organic Wintergreen; Muscle Aid Synergy Blend; Tingly Mint Synergy Blend; and Vein Aid Blend. These are all essential oils. According to the recall, number 20- 723, the products contain methyl salicylate – a substance that must be packaged in child resistant packaging per the Poison Prevention Packaging Act (PPPA). The recalled products do not have child-resistant packaging; therefore, there is a significant risk of poisoning if the product is swallowed by young children,
According to the recall, approximately 34,000 units have been recalled. The recall involves 1/3 fl. oz. (10 mL), 1 fl. oz. (30 mL), and 3.3 fl. oz. (100 mL) amber glass bottles with black caps. The glass bottles contain either Plant Therapy Wintergreen (Gaultheria procumbens), Organic Wintergreen (Gaultheria procumbens), Muscle Aid Synergy Blend (undiluted), Tingly Mind Synergy Blend, and Vein Aid Synergy Blend (undiluted). Each label has the Plant Therapy logo, along with the product name, and the volume contained in the glass bottle. The UPC codes can be found printed on the back of the product label.
The affected UPC codes include the following:
- Plant Therapy Wintergreen
- 610256943879 (10 mL)
- 609224262821 (30 mL)
- 680912011082 (100 mL)
- Plant Therapy Organic Wintergreen
- 680912010061 (10 mL)
- 680912021562 (30 mL)
- 680912000543 (100 mL)
- Plant Therapy Muscle Aid Synergy Blend (undiluted)
- 610256944296 (10 mL)
- 680912022699 (30 mL)
- 680912010764 (100 ml)
- Plant Therapy Tingly Mint Synergy Blend
- 680912022842 (10 mL)
- 680912022859 (30 mL)
- 609224263347 (100 ml)
- Plant Therapy Vein Aid Synergy Blend (undiluted)
- 680912022903 (10 mL)
- 680912022910 (30 mL)
- 680912010795 (100 ml)
The defective products were available online via multiple websites, including PlantTherapy.com, Amazon.com, Walmart.com, and Wish.com. The products were available from June 2018 to June 2019 for approximately $8 to $40 each.
According to the recall, no incidents or injuries have been reported. The company is urging all affected consumers to store the recalled product in a safe location out of the reach of children before contacting them for a free replacement child-resistant cap. All known purchasers are being contacted directly by the company.
Should you follow these recommendations? If your child gained access to the defective product and swallowed the contents, he or she might have suffered significant harm. If so, you should not follow the company’s recommendations. Instead, you should explore your legal options.
Depending on the details surrounding the incident, you might have grounds to file a defective product claim and even recover monetary compensation for the harm that your child suffered. If you would like to learn more about your right to sue for the harm that your child suffered associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims – including product liability claims arising from defective products. Our product liability lawyers are ready to evaluate your claim and provide you with all the information that you need to sue Plant Therapy and hold the company accountable for the harm that your child suffered. If you are interested in learning more about your right to sue, do not hesitate to contact our firm at your earliest convenience. Our defective product attorneys are ready to provide you with the guidance that you need to pursue your product liability claim.
The Dangers of the Recalled Product
As mentioned above, the recalled product contains methyl salicylate – which can be dangerous when swallowed. If a young child swallows the substance, he or she could suffer poisoning, which comes with a number of symptoms. Some of the most severe effects of methyl salicylate poisoning include kidney failure, collapse (due to low blood pressure), seizures, and coma, for example. As explained above, the recalled product violates the PPPA, which requires hazardous substances to be packaged in child-resistant packaging. Because of the PPPA violation, the substance is not in child-resistant packaging, children can easily access the product and run the risk of becoming poisoned.
About Product Liability and Your Right to Sue
Your child suffered harm associated with the defective product packaging; now, what? What can you do? What are your options? If your child suffered harm associated with a defective product, you might have grounds to pursue a product liability claim. This is based on the concept of product liability. Based on product liability, all companies owe their consumers a duty of care – the duty to ensure that all products are completely safe for consumers to use. This means that companies have to test and inspect their products to be able to identify and address any potential hazards or defects present in their products. When companies fail to identify and address the defects present in their products, they are breaching their duty of care – and they are putting their consumers at risk of injury. When companies release defective products and consumers suffer harm, the company could be liable.
In other words, if your child suffered harm associated with a defective product, the company could be liable – given that the defect present in the product involved design, labeling, or manufacturing. If the company is liable, affected consumers could sue. If you would like to learn more about product liability and your right to pursue a claim after your child was harmed by a defective product, do not hesitate to contact our firm at your earliest convenience.
You Could Recover Monetary Compensation
If you file a personal injury claim, you might have grounds to recover monetary compensation upon reaching a successful claim outcome. Depending on the details surrounding your defective product claim, you might have grounds to recover some of the following types of compensation:
- Medical expenses
- Lost earnings
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
If you would like to learn more about the type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to contact our experts at your earliest convenience. Our lawyers are ready to hold Plant Therapy accountable for the harm that your child suffered and help you recover the compensation that you are owed. Our lawyers will not rest until you and your family receive the highest amount of compensation available for your claim. For more information about your right to recover monetary compensation, contact our firm today.
Important Steps to Consider
Although being harmed by defective products is common, there is a lack of information available surrounding the steps that consumers should follow after suffering harm. Because of this, many consumers simply never take any legal action – and the negligent company faces no consequences.
If your child suffered harm associated with a defective product, you should do the following:
- Seek medical care as soon as possible
- Take photos of any visible injuries
- Take photos of the defective product
- Keep the product in a safe place, as is, and away from the reach of children
- Contact the company to report the defect, the incident, and the harm that your child suffered
- Do not agree to a free repair, a free replacement, or a refund
- Do not return the defective product
- Gather all relevant medical records
- Speak to witnesses if any were present (and gather their contact information)
- Gather home surveillance footage that might have captured the incident (if any is available)
- Seek legal assistance immediately
Are you interested in learning more about the importance of following the steps listed above? If so, contact us today. Our lawyers are ready to guide you every step of the way and help you successfully file your product liability claim against Plant Therapy or any other company that negligently contributed to the harm that your child suffered.
The Statute of Limitations to File Your Claim
If you are thinking about pursuing a product liability claim, it is essential that you are aware that your claim is time sensitive. All claims are subject to a statute of limitations, which establishes a deadline that applies to claims. Claimants must file their claims promptly, within the time allowed by the applicable statute of limitations to preserve their right to sue. If claimants fail to file their claims on time, they could lose their right to sue (and lose their right to recover any monetary compensation).
In California, product liability claims are typically subject to a two-year statute of limitations, meaning that claimants affected by defective products must file their claims within two years. As mentioned above, failing to file on time could result in losing the right to sue. It is also important to be aware of any possible exceptions to the statute of limitations that could apply. If any exceptions apply to your claim, the deadline could be tolled – ultimately leading to a longer time to sue. A well-known exception involves the age of the victim. In cases where the injured victim was a child at the time of the incident, the statute of limitations will be tolled until the victim turns eighteen-years-old.
If you would like to learn more about the exact length of time to pursue your product liability claim, do not hesitate to contact our firm at your earliest convenience. Our lawyers are ready to help you file your defective product claim on time.
Contact Normandie Law Firm Today
If your child suffered harm associated with the defective product mentioned above, it is essential that you explore the legal options available to you. If you are in need of legal assistance, you should contact the experts at Normandie Law Firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience handling product liability claims – representing the rights of consumers. At our firm, we are dedicated to helping consumers exercise their rights and guiding them throughout the legal process. If you are interested in suing Plant Therapy for the harm that your child suffered, do not hesitate to contact the lawyers at our firm at your earliest convenience.
At Normandie Law Firm, our product liability lawyers are ready to provide you with the guidance that you need to hold the liable company accountable for the harm that your child suffered. Specifically, our firm offers free legal services, which include free consultations and free second opinions. During our free legal services and free second opinions, our product liability lawyers will be available to answer all your questions and address all your concerns. Our lawyers will evaluate your claim and provide you with all the information that you might need to hold the liable company accountable for the harm that your child suffered. Are you ready to benefit from these free legal services? If so, do not hesitate to contact our firm and request to speak with our lawyers.
Our firm offers a Zero-Fee guarantee that ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; this means that our clients will not be required to pay anything until after reaching a positive claim outcome.
If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact Normandie Law Firm today.
