Product Liability Lawyer Blog
There are many different brands of deodorant on the market, and some work better for some people than others. Most have tried a product that caused a little bit of irritation or a minor rash at some point in their lives, but it is rarely a very serious issue. However, according to a recent news feature from WEARTV, this is not always the case.
Consumers have filed a class action lawsuit against Proctor & Gamble, which is the maker of Old Spice deodorant. According to the complaint filed in federal court, thousands of users of P&G products have suffered chemical burns and serious rashes that literally cause the skin to fall off victims’ armpits after using the product.
At first, victims called the company to see what could be done to help them and compensate them for this painful and embarrassing condition. According to pleadings, the company claimed it was very concerned about the health and safety of its customers, but only offered a $10 gift certificate for more of the company’s products, which many of the victims said is the last thing they wanted.
It should be noted that the company is prepared to defend this lawsuit, and they actually responded to media requests for questions. Typically, a company will refuse to comment citing ongoing litigation, but in this case, the company said the problem relates to alcohol sensitivity. They say alcohol sensitivity can affect a small percentage of men who use deodorant, and it is used in almost all deodorant products regardless of who the manufacturer is.
After feeling that the company did not address their concerns seriously after they suffered as a result of a defective and dangerous product, they filed a class action lawsuit in federal court seeking $5 million in damages. It should also be noted that the allegations in the complaint are merely claims raised by the many plaintiffs through their attorneys, and there has not been any finding of liability as of the time of this article.
As our Boston defective products lawyers can explain, there are various types of claims in a typical products liability case. One of the common claims is known as a patterns and practices allegation. This means that a company engaged in a series of patterns or business practices that directly contributed to the injury to plaintiffs.
There is also a claim that the company falsely stated on its website that the product had no known effect with respect to skin irritation. There is a claim that, based upon that statement, plaintiffs had reasonable reliance that the product was safe and purchased it. Reasonable reliance upon a false statement can have a major effect on the amount of damages if it can be established that the false statement was known to be false at the time it was made. This would make defendants potentially liable for additional damages for fraud, which could lead to punitive damages. However, this will depend on what facts can be alleged at trial and whether a reasonable finder of fact (judge or jury) could rely upon these facts.
Call the Boston Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Customer files lawsuit against Old Spice over defective products, March 28, 2016, WEARTV, By David Gonzalez
More Blog Entries:
FDA Announces Testosterone Meds Must Carry Broader Warning, July 7, 2014, Boston Products Liability Lawyers Blog