cosmetic poduct with no warning about possible side affects
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cosmetic poduct with no warning about possible side affects
I purchased a cosmetic product from an ophthalmologist for eye puffiness on his recommendation. However, besides not doing what it was sold to me for, I developed a reaction where I applied it. I had swelling, burning and irritation. I was seen by a dermatologist who told me to stop using the cream and gave me a prescription for steroid cream. I contacted the ophthalmologist and explained the problem, his advice, use the moisturizer it came with it. I explained that I did and was told not to use it by a dermatologist. He didn’t answer. I asked for a refund of the $475 that I paid for it but he said no. Do I have any recourse from him or the manufacturer?
Asked on December 1, 2017 under Personal Injury, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You would only have recourse from the manufacturer if 1) they had a money-back guaranty which by its terms requires them to refund something to you in this case; or 2) the side effects occured because the product is inherently unsafe or this batch was manufactured improperly (e.g. contaminated)--and you can prove that.
You would only have recourse against the opthamologist if it was negligent or careless to recommend this product to you--for example, he knew you were allergic to one of its ingredients.
Sometimes people have bad reactions to products: unless the person recommending it or the manufacturer did something wrong or careless, there is no recourse.
And even if there was recourse, if neither will pay you voluntarily, you'd have to sue for the money--but you would spend far more on a product liability or malpractice lawsuit than $475, meaning you'd lose money to try to get the $475 back.
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