Legal Question in Consumer Law in New York

Hello,

Yesterday,I am at work at a NYC Firehouse. I am a FDNY Lieutenent.I was on over time.I get a call from my 15 yr old son telling me he experienceing numbness in his limbs and disorientation in general.With being informed of this,I immediatly went on emercency leave and had someone else come in and work the overtime that I was entitled to.Racing home,my son calls me a tells me he was at the gym when this happened and he had just drank a pre workout shake from GNC.i have warned him many times about these concoctions and what they can do to you.Then he tells me the salesperson at this GNC recommened this mixture for better workouts.I told him over and over that GNC sales people work on commision and will tell you anything to make a sale.Being the 15yr old that he is, he refused to listen to reason.I am a trained EMT and monitored his condition.before rushing him to the emergency room.It turns out his friend had injested the same shake and also became sick. What I will like to know is how can these vitamin stores can sell thses strong almost steroid like compounds to 15 yr old minors?The whole event caused much dispare both emotionally and fiscally. About $1500 in my check because I had to cancel my ot tour. Any advice will be greatly appreciated...........


Asked on 4/19/10, 9:43 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

You really don't say what happened to your son after the initial symptoms, which leads me to think he was okay. What did the ER doctor say? The situation is analagous to a food allergy reaction; except, your son lacks the allergy. The key is whether there was an injury to your son, as a product liability case could be made out against the manufacturer of the product, however again, only if there was actually an injury.

If your son was injured, save the container, or package the shake came in, and consult with an attorney.

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Answered on 4/25/10, 8:13 am


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