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  1. #1
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    defective cosmetic product

    New York. Bought a cosmetic product from a Opthalmologist on his recommendation that it was supposed to get rid of puffiness under the eyes. Paid $475.00 dollars for the product. I used it like instructed but developed a reaction where I applied it, burning, irritation,and swelling. Went to see a dermatologist who told me to stop using the cream, and was given a prescription for a steroid cream. Contacted the doctor who sold it o me and explained my reaction to the cream and that I was told not to use it again by Dermatologist. I was told to use the moisturizer that came with it, I explained I did but it didn't help. I asked him for a refund under the implied warranty , nothing on the cream or the box it came in said anything about as is , or a warning that you might get a reaction to it. Is there any recourse against the doctor who sold it or the manufacturer who made it?


  2. #2
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    Quote Originally Posted by meatballs2u View Post
    Is there any recourse against the doctor who sold it or the manufacturer who made it?
    Realistically, probably not.

    That you are allergic to the product does not mean that the product is defective. It just means that you are allergic to it.

    Obviously, neither the doctor nor the manufacturer could predict that you were allergic. You couldn't predict it either.

    nothing on the cream or the box it came in said anything about as is
    Doesn't have to say as is. The presumption is that a sale is final unless there is an express refund policy.

    However, you might have better luck writing to the manufacturer's corporate officer about the problem and ask for a refund.

    I've had occasional success doing that with products that didn't work out. No guarantees though.


  3. #3
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    Quote Originally Posted by meatballs2u View Post
    New York. Bought a cosmetic product from a Opthalmologist on his recommendation that it was supposed to get rid of puffiness under the eyes. Paid $475.00 dollars for the product. I used it like instructed but developed a reaction where I applied it, burning, irritation,and swelling. Went to see a dermatologist who told me to stop using the cream, and was given a prescription for a steroid cream. Contacted the doctor who sold it o me and explained my reaction to the cream and that I was told not to use it again by Dermatologist. I was told to use the moisturizer that came with it, I explained I did but it didn't help. I asked him for a refund under the implied warranty , nothing on the cream or the box it came in said anything about as is , or a warning that you might get a reaction to it. Is there any recourse against the doctor who sold it or the manufacturer who made it?
    Whenever you have an unexpected (not listed on warning label) adverse reaction to a cosmetic product (moisturizer, lotion, etc), the FDA recommends you first contact your doctor, second contact the manufacturer, and third file a complaint with the FDA.

    Here is an FDA link with additional information: https://www.fda.gov/Cosmetics/Resour.../ucm290183.htm

    Good luck.


  4. #4
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    Quote Originally Posted by meatballs2u View Post
    New York. Bought a cosmetic product from a Opthalmologist on his recommendation that it was supposed to get rid of puffiness under the eyes. Paid $475.00 dollars for the product. I used it like instructed but developed a reaction where I applied it, burning, irritation,and swelling. Went to see a dermatologist who told me to stop using the cream, and was given a prescription for a steroid cream. Contacted the doctor who sold it o me and explained my reaction to the cream and that I was told not to use it again by Dermatologist. I was told to use the moisturizer that came with it, I explained I did but it didn't help. I asked him for a refund under the implied warranty , nothing on the cream or the box it came in said anything about as is , or a warning that you might get a reaction to it. Is there any recourse against the doctor who sold it or the manufacturer who made it?
    You should take action aginst the doctor who recommended you that, not the manufacturer.May be your skin is too sensitive for that cream. He should take uttermost care about the skin type and compex before consulting you therefore it's better to seek any possible efforts against him only.


  5. #5
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    Quote Originally Posted by MichaelRBrya View Post
    You should take action aginst the doctor who recommended you that, not the manufacturer.May be your skin is too sensitive for that cream. He should take uttermost care about the skin type and compex before consulting you therefore it's better to seek any possible efforts against him only.
    Michael.... STOP. POSTING. TO. OLD. THREADS!!!


  6. #6
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    Quote Originally Posted by Bambi01 View Post
    Michael.... STOP. POSTING. TO. OLD. THREADS!!!
    I see that Michael made himself quite the pest this morning, huh?


  7. #7
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    Quote Originally Posted by quincy View Post
    I see that Michael made himself quite the pest this morning, huh?
    Yeah a bit. Hopefully "attorney mikey" will be vetted. Seems kinda ....odd to me that someone with a JD would choose to post to old and very long dead threads. But perhaps that is just me...


  8. #8
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    Quote Originally Posted by Bambi01 View Post
    Yeah a bit. Hopefully "attorney mikey" will be vetted. Seems kinda ....odd to me that someone with a JD would choose to post to old and very long dead threads. But perhaps that is just me...
    What seems odd to me is that he hasn't added anything of value to the threads he has posted to - and, in fact, what he has added has been questionable advice/information at best. Not the best way to advertise.


  9. #9
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    Quote Originally Posted by quincy View Post
    What seems odd to me is that he hasn't added anything of value to the threads he has posted to - and, in fact, what he has added has been questionable advice/information at best. Not the best way to advertise.
    Not only the lack of value, but the lack of basic grammar skills. Take, for example, the post that was reported on this thread:

    You should take action aginst the doctor who recommended you that, not the manufacturer.May be your skin is too sensitive for that cream. He should take uttermost care about the skin type and compex before consulting you therefore it's better to seek any possible efforts against him only.

    Not only is the suggestion deeply flawed (at best), but the grammar and spelling is absolutely atrocious! "aginst" "uttermost" "compex" I sure wouldn't go to an attorney who couldn't effectively and accurately communicate.


  10. #10
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    Likes to both Quincy and Zig.


  11. #11
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    Quote Originally Posted by Zigner View Post
    Not only the lack of value, but the lack of basic grammar skills. Take, for example, the post that was reported on this thread:

    You should take action aginst the doctor who recommended you that, not the manufacturer.May be your skin is too sensitive for that cream. He should take uttermost care about the skin type and compex before consulting you therefore it's better to seek any possible efforts against him only.

    Not only is the suggestion deeply flawed (at best), but the grammar and spelling is absolutely atrocious! "aginst" "uttermost" "compex" I sure wouldn't go to an attorney who couldn't effectively and accurately communicate.
    I know posters like Michael have been reported in the past.

    Our moderator has indicated that some of these postings may not be created by the attorneys and the attorneys, in fact, are not even aware that their names are being used on this site. The attorneys perhaps hired a (questionable) company to advertise their firm online and these postings are the sad result.

    Whatever the case is with Michael, these types of postings do not serve him or his firm well.


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