Herbal supplements, also referred to as botanicals, are sometimes taken as a cure for a particular disease or disorder. They may also be taken to improve one's overall health, which is the case with Arbonne. The supplements are not subjected to strict regulations like prescription and over-the-counter regulations. Also, herbal supplement makers do not have to meet the Food and Drug Administration (FDA) approval prior to putting their products on the market.
Are Herbal Supplements Safe?
The safety of the supplement is not guaranteed. Since many supplements contain active ingredients that pose unexpected risks to for the body, it is unknown how they will affect an individual. For example, Kava is an active ingredient often used in herbal supplements. It has been linked to cirrhosis, liver failure, and hepatitis.
What Is a Defective Product?
A product that causes an injury to an individual because of a design defect, faulty or inadequate warning, or defective manufacturing is called a defective product. Defective products fall under the product liability in personal injury law. In this legal category, manufacturers, designers, distributors, or retailers are held responsible for consumer products which causes harm to customers.
Can Herbal Supplements Qualify as Defective Products?
Yes, if the herbal supplement harms the individual taking it. The FDA requires herbal supplement manufacturers to maintain good manufacturing practices in order to ensure the supplements are consistent with their quality standards.
What Must I Show to Prove the Herbal Supplement Is Dangerous?
A plaintiff must show three things exist in order to receive money for injuries caused by a defective herbal supplement:
- The herbal supplement had an unreasonably dangerous defect
- The unreasonably dangerous defect caused an injury while the supplement was used in the way it was intended
- The herbal supplement wasn’t substantially changed from the way it was originally sold by the manufacturer
Do I Need a Lawyer to Help Me with My Case?
Yes. There are limitations on any product liability claim. For instance, you must not know about the defect in the herbal supplement prior to taking it. Contact a personal injury lawyer to understand more about filing a potential lawsuit.