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Is there a lawyer who specializes in Civil wrongs and product liability due to false advertising of a product?

Philadelphia, PA |

I have been using Fragrance Free Edge shaving gel for successfully for years. I have been diagnosed with Multiple Chemical Sensitivities (MCS)and unable to use products that contain fragrance.

Recently Edge started selling Fragrance Free Edge Shave Gel with the label "New! Improved Formula". I used the product and because dizzy, nauseous and had trouble breathing. The label on the front states Fragrance Free. The back label states no dyes or perfumes. The ingredients show the addition of "(Lavender)".

This product now contains fragrance. This is false advertising and a health issue for individuals who suffer from MCS.

Attorney Answers 3

Posted

I assume you have stopped using the product and your symptoms have abated. I doubt very much that you have suffered damages to an extent that would get you a good personal injury lawyer. But, I think that your experience should be reported to the Consumer Product Safety Commission, the Federal Trade Commission and Pennsylvania Attorney General Office Bureau of Consumer Protection. If you are having this reaction from the lavender, then others probably are too. All of the agencies listed allow you to file complaints online.

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4 comments

Asker

Posted

I agree damages not to the extent for a personal injury lawyer. What about the false advertising of the product. It states it is fragrance free and the product contains fragrance. What legal issues does that raise?

Stephen Joseph Cipolla

Stephen Joseph Cipolla

Posted

The adequacy of the labeling is the issue you would raise with the 3 agencies. You can file a complaint describing your experience and showing the addition of lavender, and no change in the "Fragrance Free" description.

Stephen Joseph Cipolla

Stephen Joseph Cipolla

Posted

Please read closely the very intelligent, learned comments provided by Bruce Burdick. He is saying what I meant to say, but in a much clearer way. You really need to decide what you want to do with this. As the father of 3 children with hypersensitivity problems, I hope you pursue the course that Bruce Burdick suggests and try to get the product properly labelled.

Asker

Posted

I agree. The companies need to get the product properly labelled or the companies need to provide what they claim. Its unfair for a company to try falsely try to capture the fragrance free segment of the market at the cost of those who rely on these products for health reasons. I am sure you understand being the father of 3 children with hypersensitivity problems. It is difficult for those who dont have this issue to fully understand.

Posted

Since you hopefully stopped using the product you have a very limited amount of damages. Also, the cost of pursuing such a case against the manufacturer would amount to more than your case is worth. Thus, you will have a hard time finding an attorney to pursue this case.

These products are regulated by the FDA, so you could start there and see if you can file a consumer complaint against the product.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

You are not going to get rich from this. You have almost no damages from either a product liability or false advertising standpoint. False advertising/false labeling are issues for the Government regulators to address. It you are just looking to make money, move on to a better cause. If you want to do a public service and get this product properly labeled, write Eveready Battery Company, Inc. in St. Louis [which bought the EDGE trademark from SC Johnson] and tell them the problem. If they don't do anything, you can report them to the FTC and FDA.

If you still thinking there is a personal injury class action suit with you as lead plaintiff, then call Brown & Crouppen in St. Louis, the leading PI firm in town, which handles a number of household product liability suits [http://www.brownandcrouppen.com/Defective-Products/Household-Products.shtml], and discuss it with them. Don't expect much.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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4 comments

Stephen Joseph Cipolla

Stephen Joseph Cipolla

Posted

This is the best advice in the thread.

Asker

Posted

I am not looking to make money. I suffer from MCS and it there can be serious reactions involved. Companies that claim they have a fragrance free product and really dont is irresponsible, are trying to unfairly capture are section of the market they should not unless they truly provide what they claim. Its not about $$ signs, this is an issue that causes serious health issues to those afflicted with MCS.

Asker

Posted

I really have no greater cause than to help those as well as myself with hypersensitivity issues. It can be a legitimate handicap that affects employment, personal relationships, etc.

Bruce E. Burdick

Bruce E. Burdick

Posted

OK, write the company a letter of concern. Send a copy to the Atty Gen'l of your state, to the FTC, the FDA, your representative, your Senator and to your local newspaper and you have done what you can. If you see it still occurring write again, and again, and again until it stops and encourage others to do the same. If enough people complain it will get stopped. In America, citizens can do that.

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