• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrong product in mislabeled bottle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

scquestion

Junior Member
I'm in NC and purchased an off brand of PediaSure. I figured it was cheaper and would give it a shot, because my 2 year old was having a picky week eating. I purchased the vanilla, it wasn't expired or looked like it had been tampered with in any way. We got home and I opened one he consumed about half of the bottle. A few days later I asked one of my teenagers to open another one and give him half in his sippy cup, I went and got ready for the day. When I went back downstairs they thought it was funny that chocolate milk had come from a vanilla bottle. I was immediately alarmed because I knew I hadn't purchased chocolate. I went and smelled the bottle and it had that vitamin chocolate smell. I looked at the labeling and it was all the same. I called the company and they had me read off all of the numbers from every bottle I had. Then said they were sending me prepaid FedEx boxes and labels and wanted me to send them everything I have. My concern in all of this is how in production does one bottle of chocolate that is labeled vanilla get into a vanilla bottle? At this point the labeling, ingredients list ect is incorrect. Should I contact an attorney or just work with the company to insure this doesn't happen again?
 


CTU

Meddlesome Priestess
I'm in NC and purchased an off brand of PediaSure. I figured it was cheaper and would give it a shot, because my 2 year old was having a picky week eating. I purchased the vanilla, it wasn't expired or looked like it had been tampered with in any way. We got home and I opened one he consumed about half of the bottle. A few days later I asked one of my teenagers to open another one and give him half in his sippy cup, I went and got ready for the day. When I went back downstairs they thought it was funny that chocolate milk had come from a vanilla bottle. I was immediately alarmed because I knew I hadn't purchased chocolate. I went and smelled the bottle and it had that vitamin chocolate smell. I looked at the labeling and it was all the same. I called the company and they had me read off all of the numbers from every bottle I had. Then said they were sending me prepaid FedEx boxes and labels and wanted me to send them everything I have. My concern in all of this is how in production does one bottle of chocolate that is labeled vanilla get into a vanilla bottle? At this point the labeling, ingredients list ect is incorrect. Should I contact an attorney or just work with the company to insure this doesn't happen again?
What damages did you or your child suffer?
 

FlyingRon

Senior Member
There is no such thing as an off brand of PediaSure. PediaSure is a trademark of Abbott laboratories and only applies to their product.
You should be careful not to use the name PediaSure when you are talking about some other company's similar product.
You've notified the company and they are taking action. You appear to have no damages that replacing the product won't fix so you have no rights to do anything to "make sure it doesn't happen again." You can report it to the FDA at this link if you want: https://www.accessdata.fda.gov/scripts/medwatch/index.cfm?action=reporting.home
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top