Natural Baby Powder is Recalled Due to Contamination
Natural and environmentally friendly products are all the rage these days, especially when it comes to baby products. Actress Jessica Alba capitalized on this trend by co-founding The Honest Company, a company known for producing non-toxic essential goods for babies and families. With products such as diapers, sunscreen, lotions, and powders, The Honest Company offers products to meet a baby’s essential wellness needs. The company has gained popularity in recent years due to the proclaimed “better and safer to use” products. However, just recently, the company had to recall its organic baby powder due to a possible contamination in production. According to Alba’s co-founder, Christopher Gavigan, microorganisms were found in the powder during routine testing. These microorganisms are known to be associated with skin infections. The FDA advised the company to recall the product for the safety of consumers.
Product Liability Overview
Fortunately, The Honest Company caught their own error and was able to issue a product recall before any claims were filed against them due to skin irritation or infection. However, many companies are not so lucky. Defective products are the cause of thousands of injuries every year. In order to ensure that the responsible party is held liable, the United States allows injured parties to file a claim and recover damages under the theory of product liability.
The theory of product liability safeguards consumers from products that are poorly made, that contain known toxins, and that can essentially harm them. It also ensures that all parties within the chain of distribution are held accountable for a consumer’s injuries. In the most basic of terms, the law requires that a product meet set expectations and standards; if it does not, and if the product poses a danger, the company must be held liable for selling a hazardous product.
Who is Responsible in a Product Liability Case?
Any person or entity that had their hand in creating and distributing the product can be held accountable for a defective product. Known as the chain or distribution, the reliable parties are as follows:
- The product manufacturer;
- The manufacturer of the product’s components;
- The assembler of the product;
- The installer of the product;
- The wholesaler; and
- The store or business that sold the product to the consumer.
However, in some cases a plaintiff may be held responsible for his or her own injuries. If the defendant believes that they are not accountable, and that the product was in no way defective, they must prove that the plaintiff was negligent in his or her use of the product. However, if strict liability applies—meaning that the product was clearly defective—the plaintiff is not required to prove negligence; rather, he or she is only required to prove that the product was, in fact, defective.
Consult an Orlando Personal Injury Attorney
If your child had a negative reaction to the The Honest Company’s baby powder prior to the recall, you may be able to recover damages. An Orlando personal injury attorney can review your case and help you navigate the claims process. To learn more, reach out to the products liability attorneys at The Pendas Law Firm at 1-888-LPENDAS today.
The Pendas Law Firm also represents clients in the Jacksonville, Miami, West Palm Beach, Fort Myers, Fort Lauderdale, Daytona, Bradenton, and Tampa areas.