Can I bring a case against a company for making a false claim about it’s product?

UPDATED: Sep 30, 2022

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Can I bring a case against a company for making a false claim about it’s product?

A manufacturer’s shampoo says on it’s bottle that it is as gentle as water on the eyes. However, it burned my eyes to no end. There is no warning label saying it might burn if in contact with eyes. This is a false claim.

Asked on November 18, 2016 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you suffered some significant injury to your eyes, including costly medical care and/or some long-lasting or permanent loss of vision or other life impairment (and had medical evidence to prove that), you could possibly sue for a defective product and/or false advertising claims. But a lawsuit only provides compensation for actual, provable injuries or losses, in an amount equivalent to the injury or loss. If you are merely suffering discomfort, there is no compensation to which you'd be entitled.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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