I took a medication that contained iodine, but on the package it did not state that it contained iodine. I looked on the ingredients list and nothing was listed about iodine. The only warning was to not take the medication if you were allergic to shellfish. The medication is a supplement and not regulated by the FDA. I only took 1 of the 2 and I had a mild reaction (swelling of my face, hives, vomiting), but if I took 2 I would have been hospitalized. I verified the iodine ingredient with the pharmacist, which was the reason for my reaction.
In order to prove negligence, you would have to show that the supplement company owed you a duty, the company breached that duty to you, and that the breach was the proximate cause of your damages. Good Luck!
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A defective product may give rise to a cause of action in strict liability, which is separate from a negligence claim. Strict products liability arises where the product is defective and unreasonably dangerous. A product is unreasonably dangerous only if it is more dangerous than would be expected by an ordinary person who may reasonably be expected to us it. In addition to strict liability, a South Carolina plaintiff can bring a products liability claim under a theory of negligence and breach of warranty. These theories are not exclusive and the plaintiff's failure to prove one does not preclude proving the other.
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