Corporate lawyers usually insist on adequate warnings on products that often result in ridicule for all the "may cause ...." scenarios that they cover. This results in a general lack of credibility by the public and they disregard the warnings. A fundamental tenet of toxicology is that everything is lethal at some dose (including water) or "the dose makes the poison". The specific chemical, the route of exposure and length of exposure all factor into this and product warnings usually are conservative when taking this into account. Very unfortunate for the victim in this case but the only general lesson I can see from this is the time-worn (yet true) expression, "everything in moderation".
Much like signing a waiver, this does not necessary absolve culpability or liability. Writing on the box is not a catch-all. There has to be a limitation to what you have to warn people about, otherwise you'll end up with packaging (or package inserts) the size of small cars: - Do not rub product on eyeballs. - Do not rub product on open wounds. - Do not rub product on open orifices, including anus, penis, vagina, mouth, nostrils, ear canals, or tear ducts. - Do not smear entire contents of tube on body. - Do not use put more than one layer of application on any one area. - Do not use product as hors d'ourve topping - Do not use product as sexual lubricant. - Do not insert tube into mouth. - Do not chop up tube and eat it like candy. - etc. She rubbed too much on and under bandages. The perception is that the product is safe. The product is safe. Her disregard for the instructions and 1959Giants' point (the dose makes the poison) is what killed her. We aren't talking about thalidomide, here. How many people have died from using this product (following the instructions or not)? How many people have used this product according to the instructions? There has to be a certain percentage where the manufacturer can't be held liable for injury caused by misuse of the product. What's next? Warning labels on books because the pages might cause a lethal paper cut when dragged across someone's wrists multiple times?
Do not taunt Happy Fun Ball. Happy Fun Ball may stick to certain types of skin. Happy Fun Ball Contains a liquid core, which, if exposed due to rupture, should not be touched, inhaled, or looked at. If Happy Fun Ball begins to smoke, get away immediately. Seek shelter and cover head.
What's next? Warning labels on books because the pages might cause a lethal paper cut when dragged across someone's wrists multiple times? No. The fact that someone, this girl, can overdose in this fashion is alarming. No one is suggesting that you need to list the multiple ways that something can hurt you is in any way a solution. That's ridiculous. The problem appears to be not just with the girl's misuse, but in the product itself. All those things you list are completely outside the actual and implied use of the product. The girl didn't head herself in the head with the box, or drink the damn cream. No. The misuse was in volume. Not the same thing. There has to be a certain percentage where the manufacturer can't be held liable for injury caused by misuse of the product. There is. I'm suggesting that there is a case to made that in this instance - that doesn't necessarily as easily apply. In the same way we expect individuals to be responsible for their actions, why can't we hold corporations to be responsible for producing safe products, in cases like these? And we do. That fact that she killed herself in this way - maybe this product needs to be looked at more closely. Maybe in less doses it's not killing people, but causing some other as yet unidentified harm. Maybe we yet don't know these things. Maybe the FDA fucked up. Maybe, the girl's "stupidity" isn't the only factor in her death. A fundamental tenet of toxicology is that everything is lethal at some dose (including water) or "the dose makes the poison". The specific chemical, the route of exposure and length of exposure all factor into this and product warnings usually are conservative when taking this into account. I agree. We should know this. Especially if it's a steep learning curve. So, how much is really too much? What is the lethal tipping point for Ben Gay? I'm not saying sue. I'm saying "Holy shit! Ben Gay can kill you! And not just if you drink it, or rub it in your eyes, or mix it with Diet Coke and Mentos!"
What's next? Warning labels on books because the pages might cause a lethal paper cut when dragged across someone's wrists multiple times? For pete's sake. Down, not across.
Do not rub product on open orifices, including anus, penis, vagina, mouth, nostrils, ear canals, or tear ducts. A variation of this warning should be on Pop Rocks. Seriously.
From a tube of IcyHot: "Directions: Apply GENEROUSLY to painful muscles and joints until IcyHot disappears. REPEAT as necessary for temporary relief..." I always thought that my shampoo bottle told me to rinse, lather and repeat so that they could make more money. It has never been necessary for me to repeat. But if I did find it necessary, I wouldn't expect it to kill me. I would have considered a muscle rub to be in the same category as shampoo...harmless when used as directed. I wouldn't swallow IcyHot because it doesn't taste as good as lead paint. I would, however, use it for eight days without consulting a physician even though the label tells me to stop after seven. I guess I need to take my IcyHot a little more seriously. I just wouldn't have ever guessed that it could kill someone. And for what it's worth...If Happy Funball begins to smoke...you've been screwed.
I feel really bad for her team parents and friends that she had to die like this at such a young age she just tried to help her muscles stop aching.
