Reckitt voluntarily recalled certain bottles of 63-count and 75-count Airborne Gummies because it was found that when the bottle is opened for the first time, pressure built up within the bottle presents the possibility of injury. Bottles of gummies that have already been opened do not present this danger to consumers and others. Around 3.7 million units of this product have already been sold. If you were harmed by a bottle of Airborne gummies, you should give the experienced Chicago-based product liability attorneys of Moll Law Group a call. Billions have been recovered in cases with which we’ve been involved.
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Certain Airborne Gummies were recalled in cooperation with the United States Consumer Product Safety Commission (CPSC). When pressure builds up in the recalled bottles, the cap and seal may fly off forcefully. However, not all Airborne Gummies were recalled. Rather, the recall affected only bottles with certain flavors distributed in the United States between May 2020 – February 2022. The affected flavors were assorted fruit, orange, and blueberry pomegranate. Elderberry and Honey Lemon are not affected by the recall. Consumers have been advised not to open the product; you should use a lot code search tool to figure out whether your bottle is included in the recall. As a consumer, you can contact Reckitt to return an unopened, affected bottle and get a full refund. The item can be returned using postage-paid labeling. However, bottles that have already been opened aren’t subject to the recall because the pressure has already been released from them. Additionally, you should be aware that the gummies inside aren’t affected by the build-up of pressure and may still be consumed.
However, what if you were injured by a bottle that you opened when the cap came flying off? You may be able to recover compensation through a lawsuit against the manufacturer of the bottle. In a product liability lawsuit, it is alleged that a particular product is defective with regard to its marketing, design, or manufacturing. Marketing defects tend to involve failure to warn.
Theories of liability that are appropriate in connection with the recalled gummies depend on the circumstances and state laws; they may include breach of warranty, negligence, and strict liability. In general, strict liability is a theory that’s more favorable to a plaintiff because it doesn’t require the plaintiff to prove that a particular standard of care was breached by the manufacturer. Rather our lawyers would need to prove it’s more likely than not: (1) there was a defect and (2) it caused your injuries. So, for example, we would need to show the cap and seal of the bottle flew out at you because it had a flawed design resulting in eye injuries that necessitated medical care.
In most cases, when we can establish liability, we can recover compensatory damages. These are damages intended to make up for an injury and put an accident back in the position he would have been in had he not been injured by the defective product.
Consult a Seasoned Product Liability Lawyer
If you were harmed by a bottle of Airborne Gummies, you should discuss a potential claim with the experienced Chicago-based product liability lawyers of Moll Law Group. We represent plaintiffs and their families around the country. Please complete our online form or give us a call at 312.462.1700.