<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Jaceson:
I need to know if I have a case. There is a home remedy for reducing pimples by putting a dab of toothpaste on the area. I used Ultrabrite toothpaste and did just that. After about 5 minutes my right eye began to water then the area began to feel like it was burning. I washed the paste off right away. The next day the area began to scab up and bleed. After a week it healed up but now I also have about a 1 inch scar under my right eye. I hoped it would fade but it's been about 4 weeks and it is not fading. what can I do?
P.S. The bottle says nothing about avoiding skin contact.<HR></BLOCKQUOTE>
Yes you do have a case, but not a suitcase. Are you prepared to answer questions from the Ultrabrite attorney such as:
(continuation after 5 minutes into the deposition) Remember, you are under oath and have sworn to tell the truth. I do not want you to make up answers or guess. If you do not know the answer just say so. If you do not understand the question please let me know so I can repeat it for you, or provide clarification, ok? Let's continue.
Can you state the name of the product?
Yes, you are corrrect. It is Ultra Brite toothpaste. Let me remind you of the second word in the name of the product and that is the word toothpaste. It does not state skin paste, face paste, acne paste, eye paste or any other kind of paste but toothpaste correct?
What exact toothpaste did you use as there are 3 flavors; Original Mint Paste, Cool Mint Gel and Baking Soda and Peroxide?
Do you know where your mouth and teeth are as opposed to other parts of your face such as your nose, cheeks, forehead etc.? I know that question sounded dumb, but I had to ask to be sure. You do read and speak English right? Ok.
Were there any instructions on the container that stated that the product could be used for any other use besides the brushing of teeth? Did you see any instructions on the container stating that the product could be used for the purpose of acne medication or any other purpose other than dental care for that matter? You don't remember.
Were there any instructions on the container that stated that the product could be used in any manner consistent with any common home remedy? What about any common old or new wives tales? You don't think so.
Did you clarify the use of the product by confirming that the product could be used as a skin care product by asking a store clerk where you purchased the product or any employee at the Ultra Brite national headquarters? No. Ok.
I am showing you a paper that I had the court reporter previously mark as Exhibit A. This is a copy of both sides of the outsides of the 6 oz. toothpaste dispenser. Please take a few minutes to check it out and read it.
Does the markings on the label look familiar to you? All right. What picture or illustration is on the front. Yes, it is a drawing of a toothbrush with some toothpaste on it. What does that picture symbolize or represent? Do you think that if you could not read or write English that the illustration on the toothpaste container would be sufficient to instruct someone on the use of this product? What about for a 5 year old child, same question. Thank you. Can you read for me please, what it states on the reverse side of the dispenser? Well not the entire thing but up at the top. Ok, and I repeat, the copy reads Whitens Teeth, Freshens Breath, Fights Tartar and Helps Prevent Cavities.
And I will read the headlines: Active Ingredients/Purpose, Uses, Warning, Directions, Inactive Ingredients. Can you show me anything written anywhere that states the use of the product is for skin? Do you have a science background or knowledge of chemicals? Well I just wanted to know if you had any type of understanding as to the uses of any of the listed active and inactive ingredients.
Do you see the Warning section? why do you think that there is mention of contacting a Poison Control Center?
Were you aware that the dispenser contained a 1-800 number and a website listed under the words Questions? Comments?? Did you know that the product is made by a huge national company called Colgate-Palmolive? You are familar with Colgate toothpaste right? Do you think that you maybe should have called the 1-800 telephone number first or maybe got further info from their national colgate.com website or sent an email to customer service department before putting the product on your face? Especially when the act and use is clearly inconsistant with the use instructions and directions listed on the product label?
Have you ever shampooed your hair with mouthwash, sprayed your hair with deodorant, or gargled with drain cleaner?
In your opinion, would an iron manufacturer have to include a disclaimer that states "Caution: do not iron clothes when on body", what about a car dashboard sunshade maker stating "do not drive vehicle with sunshade in place", a frozen tv dinner label stating "do not eat frozen", a garage door maker stating "open door before driving in or out of garage"?
Do you know what this is? (Counsel is holding up a toothbrush) Yes, that is correct. Can you tell me what kind of product goes on this toothbrush? Yes, I agree. Toothpaste. Can you tell me
what brands of toothpaste you use regularly? Ok, would you say that out of the various toothpaste brands you have mentioned, that Ultra Brite would in fact be used on your toothbrush instead of on your face?
Do you have personal knowledge of anyone that you know of that used Ultrabrite on their face? How long have you been brushing your teeth with the product? Has the product been mostly or mildly successful in geting your teeth white? If the product in your hisory of using it, has been somewhat successful in getting your teeth white, don't you think that if you put the same product on your skin, your skin would turn white also? Well maybe not white but red due to the effects from the ingredients? Would you agree with me that your teeth are much harder than your skin in terms of protection against surface abrasions and teeth or enamel chemical whitening compounds? Have you ever used the product on your skin before?
Based on your respective answers thus far, as you sit here at this deposition today, don't you think that it was sort of ignorant to put toothpaste on your face thinking it would help remove or reduce your pimples? Especially without direct investigation and confirmation by you as to the product manufacturers aproved useage?
What products have you used before to help remove or reduce pimples? Ok, and do you think that these products are inferior in any way in doing their job? Compared to Ultrabrite, do you think that Ultrabrite could do a better job as compared to any of these various real acne medications?
When you developed the skin rash, redness and bleeding, did you at anytime from the time of the incident until today, see a medical doctor to verify the cause of your symptoms and conditions? Ok, so you do not have any medical verifiable proof that the Ultrabrite product in fact caused your condition?
Have you seen a dermatologist to take a look at the scar and advise you on what should be done ie. leave it alone, plastic surgery, etc.?
Do you know what ingredients are used in the Ultrabrite toothpaste product? If you knew that there were chemicals such as bleach or similar chemicals for minor abrasion and teeth whitening, would you think twice about putting the product on your skin? Do you have sensitive skin?
Recalling your testimony today, why do you think Ultrabrite is responsible in any way for your actions?
What other uses do you have for dental floss? Excuse me, I srtike the question.
Thank you very much for your time. I have no further questions but reserve the right to depose you again should we need to in the future. Here is a toothbrush compliments of Ultra Brite as a parting gift.
End of deposition.
[This message has been edited by HomeGuru (edited September 09, 2000).]