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Can a defective product cause emotional harm?

Many times, if you or another Schenectady resident encounter a faulty product, it can cause a personal injury. For example, defective airbags have been known to explode and seriously injure vehicle passengers. Dangerous children’s products might present a choking or entrapment hazard. In other cases, a product that fails to do what it is supposed to do may cause damage of a different kind. You might, for instance, use a product that malfunctioned and suffer from anxiety or depression as a result. While the injury was not physical, the psychological harm it caused is possibly enough to justify legal action.

CBS News reported that a hair care product resulted in at least 21,000 consumer complaints, ranging from hair loss to rashes. A class action lawsuit was filed against the cosmetology company WEN by Chaz Dean. The lawsuit claims that a shampoo manufactured by the company promised fuller, stronger hair, but instead had negative results for many customers. The mother of an 11-year-old girl provided pictures of her daughter after using the shampoo, which showed the girl had suffered from dramatic hair loss. You may understand that for a little girl, as well as countless other consumers, losing one’s hair can cause significant emotional distress.

After receiving so many complaints, the U.S. Food and Drug Administration began investigating the product and issued a safety alert. How did a product that may cause hair loss and skin problems get on the market in the first place? You may not know that the FDA does not have much power to regulate the cosmetics industry. Manufacturers are not required to provide safety information or test items such as hair care formulas, baby products and makeup before putting them on shelves.

If a product caused such unpleasant effects that it affected you emotionally or psychologically, this could be as devastating as a physical injury, especially if the results were permanent. 

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