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defective cosmetic product

#1
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?
 

adjusterjack

It's a Dry Heat
#2
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.
 

quincy

Senior Member
#3
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/ResourcesForYou/Consumers/ucm290183.htm

Good luck.