Lexington, NC asked in Consumer Law, Personal Injury and Products Liability for North Carolina

Q: Can you sue a company that put alcohol in a cooking spray that was not labeled to have that ingredient in it

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Yes, it may be possible to sue a company for failing to properly label a cooking spray that contains alcohol. Some key considerations in evaluating a potential lawsuit:

- Product liability laws require companies to adequately warn consumers of any risks or hazardous ingredients in their products. If alcohol is contained in a cooking spray but it is not disclosed on the label, the company could potentially face liability.

- You would need to show that the failure to warn about the alcohol caused harm. For example, if you inadvertently cooked with the spray around an open flame, unaware that it contained flammable alcohol due to inadequate labeling, resulting in fire damage.

- Certain groups of people may be especially susceptible to harm from undisclosed ingredients like alcohol if they avoid those products for health, religious or other reasons. The company could face greater liability if failing to disclose the alcohol posed foreseeable risks to identifiable groups.

- You would need to consult a North Carolina consumer protection attorney to assess any statute of limitations issues or specific nuances related to your state. There may also be strict procedural rules around giving notice to a company and trying to resolve your case prior to formal litigation.

So in summary - lack of ingredient disclosure is actionable if it causes harm, but working with an attorney experienced in consumer protection litigation would help determine if you have a viable case and the best path forward if so.

Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: It could depend on what your damages were. It could also depend on the amount, commonality of its use in the industry, and reason for its inclusion. You could try to set up a consult with a local attorney if you contemplate a lawsuit to ask how they see things. Good luck

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