Greene v. A.P. Products, Ltd.

Cheryce Greene (plaintiff) purchased a bottle of Wonder 8 Hair Oil from Pro Care Beauty Supply (Pro Care) (defendant). A.P. Products, Ltd. (A.P.) (defendant) packaged and labeled the product and was later acquired by Revlon Consumer Products Corporation (Revlon) (defendant). The label, which Greene read, indicated that it was intended for use as a hair and body oil, but it did not warn that the oil should be kept out of children’s reach or that it could be harmful or fatal if swallowed. The label listed as ingredients eight natural oils, including edible food products such as avocado oil, coconut oil, wheat-germ oil, and safely ingestible herbs and vitamins. Greene’s unsupervised 11-month-old son ingested and inhaled the oil and died about a month later. The oil had clogged the child’s lungs and caused inflammatory respiratory failure. Greene brought a products-liability action against Pro Care, A.P., and Revlon, claiming that they breached their duty to warn users that the product could be harmful if ingested and to keep away from children. Pro Care, A.P., and Revlon sought summary judgment, arguing that there was no duty to warn of material risks associated with ingesting Wonder 8 Hair Oil because they were obvious to reasonably prudent users. The trial court granted summary judgment, but the appellate court reversed, holding that the question of what warnings were required on the label should have been submitted to a jury. The appellate court also stated that it could not conclude, as a matter of law, that the risk of death from ingesting the oil would be obvious or common knowledge to a reasonably prudent user. An appeal followed.