{"id":7470,"date":"2018-01-17T22:16:56","date_gmt":"2018-01-18T03:16:56","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/legal-issues-regarding-tide-pod-challenge\/"},"modified":"2022-08-18T21:26:12","modified_gmt":"2022-08-19T01:26:12","slug":"legal-issues-regarding-tide-pod-challenge","status":"publish","type":"post","link":"https:\/\/www.napolilaw.com\/article\/legal-issues-regarding-tide-pod-challenge\/","title":{"rendered":"Legal Issues Regarding The \u2018Tide Pod Challenge\u2019"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Since 2012, eight people have died after ingesting the contents of Tide laundry pods, and the manufacturer may be legally responsible for these deaths.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">A number of teens in New York and elsewhere have placed the detergent pods into their mouths and measured the effects. These effects include foaming at the mouth and uncontrollable coughing. Each \u201cpod\u201d contains a pre-measured amount of laundry detergent that\u2019s rolled into a ball and covered with a thin layer of polyvinylalcohol, which is a water-soluble plastic. The detergent contains a number of chemical ingredients that are potentially fatal.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In a statement, the company said that the pods \u201cshould not be played with, whatever the circumstance, even if meant as a joke.\u201d<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2>Dangerous Chemicals in Laundry Detergents<\/h2>\n<p><span style=\"font-weight: 400;\">Tide pods contain large amounts of <\/span><a href=\"https:\/\/www.fda.gov\/Cosmetics\/ProductsIngredients\/PotentialContaminants\/ucm101566.htm\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">1,4 Dioxane<\/span><\/a><span style=\"font-weight: 400;\">, a powerful and dangerous solvent. Overexposure immediately causes chemical burns that take the form of severe irritation in the mouth and nose. This chemical is also a known carcinogen. Since 1979, the Food and Drug Administration has repeatedly encouraged laundry detergent and other manufacturers to stop using this dangerous chemical and change to safer techniques, such as vacuum stripping, that are almost as effective. But the manufacturers have largely ignored these pleas and the government has refused to take more aggressive action. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are probably many other <a href=\"\/practice-areas\/personal-injury\/eye-injuries-detergent-pods\/\">dangerous chemicals in laundry detergents<\/a>, but manufacturers often hide behind trade secrets laws to hide these ingredients. Some of the known ones include \u00a0quaternium-15, which is a surfactant related to formaldehyde, the powerful neurotoxin nonlphenol ethoxylate, and a toxic phosphate called ethylene diamine tetraacetic acid.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2>Manufacturer Responsibility<\/h2>\n<p><span style=\"font-weight: 400;\">1,4 Dioxane in cosmetic products is an ongoing issue. In 2010, just before a group filed suit against Tide parent Procter &amp; Gamble, the company suddenly announced that it was <\/span><a href=\"https:\/\/www.commondreams.org\/newswire\/2010\/03\/09\/procter-gamble-agrees-reformulate-herbal-essences-due-toxic-contaminant\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">dramatically reducing<\/span><\/a><span style=\"font-weight: 400;\"> 1,4 Dioxane levels in its Herbal Essence shampoo. That act, along with the aforementioned FDA action, may be sufficient to trigger the strict liability laws in many jurisdictions. The manufacturer is liable for damages as a matter of law if:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The product was unreasonably dangerous, and<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">A reasonable alternative was rejected.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">A common defense in product liability actions \u2014 the misuse defense \u2014 arguably would not apply. This doctrine shields manufacturers from liability if the victim misused the product in a way that was completely unforeseeable to the manufacturer. The risk of ingestion is clearly a foreseeable one, because Procter &amp; Gamble puts such warning labels on their products.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Damages in strict liability claims include compensation for both economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Moreover, jurors often order the company to pay significant punitive damages in these cases.<\/span><\/p>\n<p><span style=\"font-weight: 400;\"><a href=\"\/practice-areas\/personal-injury\/general-negligence\/\">Negligence<\/a>, or a lack of ordinary care, is another possible theory. If the victim\/plaintiff establishes that the company was careless in the way that it produced, sold, or marketed Tide, and that carelessness caused injury, Procter &amp; Gamble is liable for damages. Victim\/plaintiffs must establish negligence by a preponderance of the evidence (more likely than not).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Manufacturers have a duty to make safe products, especially if they know that these products will come into direct contact with people. For a free consultation with an <\/span><a href=\"\/contact-us\/\"><span style=\"font-weight: 400;\">experienced personal injury attorney in New York<\/span><\/a><span style=\"font-weight: 400;\">, contact Napoli Shkolnik . Our main office is conveniently located near Grand Central Terminal.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Since 2012, eight people have died after ingesting the contents of Tide laundry pods, and the manufacturer may be legally responsible for these deaths. A number of teens in New&#8230;<\/p>\n","protected":false},"author":3,"featured_media":7471,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[820],"class_list":["post-7470","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-product-liability"],"acf":[],"page_builder_type":"classic","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts\/7470","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/comments?post=7470"}],"version-history":[{"count":0,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts\/7470\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/media\/7471"}],"wp:attachment":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/media?parent=7470"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/categories?post=7470"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/tags?post=7470"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}