Kaempfe v. Lehn & Fink Products Corp.
New York Supreme Court, Appellate Division
21 A.2d 197, 249 N.Y.S.2d 840 (1964)
- Written by Noah Lewis, JD
Facts
Inga Kaempfe (plaintiff), purchased Etiquet spray-on deodorant, which was labeled as containing aluminum sulphate. Virtually all deodorant on the market contained aluminum sulphate, which has the effect of closing pores to stop perspiration and underarm odor. Kaempfe developed severe dermatitis—a rash including burning, blistering, and itching—on her armpits and surrounding skin because of an allergic reaction to the deodorant. The dermatitis lasted for a while but did not cause permanent injury. Kaempfe had never previously had any kind of allergic reaction. Kaempfe sued the manufacturer, Lehn & Fink Products Corp. (defendant), for negligently failing to warn about possible allergic reactions to the product. Kaempfe’s medical expert testified that aluminum sulphate caused Kaempfe’s dermatitis and that the product is safe for most people. Based on sales data and complaints received by the manufacturer, four users complained of a reaction out of 600,000 units sold—one in 150,000. The jury found for Kaempfe. The manufacturer appealed.
Rule of Law
Issue
Holding and Reasoning (Eager, J.)
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