Eugene, OR asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon

Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank you for your time.

1 Lawyer Answer
Virgil Royer
Virgil Royer
  • Salem, OR
  • Licensed in Oregon

A: There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.

You do not explain the details of your particular suit, but it would likely have to be a very specific promise to you to have a valid claim against a consumer. And, puffery, is allowed if a reasonable person would believe it to be a false claim that is simply a selling posture (i.e., "It runs like a dream") Claims such as, "Yep, the Ford Pinto was the best car ever made", well, most reasonable people would believe that is not true--and that anyone making that statement is clearly lying; however, it is a subjective belief that is open for debate and one that a reasonable consumer can research. And, no one can say that they relied on that statement to by the car and it was the sole reason they bought it. Were the promises about your results of the hair product such that anyone would agree that they lied to you or misled you in a way that more than just puffery? Did the box say, "Guaranteed to not make your hair green" and then your hair turned green? If so, you probably have a claim and the damages will be the issue left to prove.

I think you should evaluate why your claim is more than just an ordinary "buyer beware" case and why the company should be held liable to you. It seems that they would give you your money back for the product if you write a complaint letter to the company; if you are seeking a lot of money, then you will need more proof that the product directly caused the damage. One rule of thumb, if you have a great case, you should be able to find a competent attorney who recognizes that fact and will take it. I know it can be frustrating. I hope you have a remedy to the problem it caused and wish the best for you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.