Hahn v. Sterling Drug, Inc.

Four-year-old Valerie Anne Hahn (plaintiff) swallowed one and one-half ounces of Campho-Phenique, an over-the-counter topical analgesic manufactured by Sterling Drug, Inc (Sterling) (defendant). Hahn suffered seizures and convulsions but recovered. Hahn’s parents sued Sterling for products liability and alleged that Campho-Phenique was a defective product because the warning on the container was inadequate and did not have a child-proof cap. The Campho-Phenique that Valerie ingested came with a warning that advised the product should be kept out of children’s reach, should be used externally, and in the case of accidental ingestion, professional assistance or poison control should be contacted immediately. The trial court granted summary judgment for Sterling after finding that the warning was adequate, citing the warning’s reference to external use and poison control in reference to keeping the product away from children. The Hahns appealed. The Hahns’ expert testified that Sterling’s warning was too general, watered down, and identical to the warnings on nonharmful products such as children’s vitamins and anti-itch creams. The Hahns also alleged that even after they read the label, they were not aware that their child could be harmed if it was ingested; that Sterling knew other children had been harmed when they ingested Campho-Phenique; that the product was known to be toxic and required a more dramatic warning; that the warning was in smaller print than other text on the label, which rendered it confusing; that the external-use warning should have had an only qualification; that the instructions indicating use on the gums could lead a reasonable person to assume that internal use was acceptable; that the warning did not mention seizures or convulsions; and that the warning to contact poison control in the event of accidental ingestion was inadequate and could have easily put “poison” on the label. Sterling’s expert testified that the given warning was adequate and would lead a reasonable person to conclude that the product was potentially toxic, and that ingestion of the product may create grave danger.