cosmetic poduct with no warning about possible side affects

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption