Lysol and Reasonably Foreseeable Misuse

Lysol was forced to put out a statement telling people not to drink Lysol.  Legally, that was a good call.

After Donald Trump pondered whether there could be a way to inject disinfectant to remove coronavirus from the body, the makers of Lysol put out a statement saying: “we must be clear that under no circumstance should our disinfectant products be administered into the human body (through injection, ingestion or any other route).”

President Trump has since said his statement was sarcastic, but legally, Lysol was very right to put out a warning, because even when a person is hurt while misusing a product, the manufacturer could still be held liable if the misuse is reasonably foreseeable. That’s why Tide put out a warning not to eat Tide Pods when they became aware that the internet’s dangerous Tide Pod challenge convinced desperate people to seek fame by swallowing the toxic substance—or where, as here, Lysol knows that desperate people may be willing to try anything—including a non serious musing by the President– to protect themselves from COVID.

From The Judge Group, I’m Amy E. Feldman for KYW News Radio.

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