Laundry Detergent Sold With Misleading Warnings

Case Overview

This case takes place in Illinois and involves single use detergent pods. The pods in question are brightly colored and packaged in a way that resembles an edible item. Additionally, The liquid in the pods is under so much pressure that when bitten it is almost impossible for a child not to swallow the toxic contents. Instructions on the packaging recommend consuming fluids post ingestion, however, children who have consumed the pods developed a host of complications as a result of following these instructions. The warning label regarding accidental ingestion customers to drink water after accidental ingestion. The label does not warn customers that ingestion by a child is an emergency which could easily be fatal. Moreover, this instruction is particularly dangerous because drinking water will only exacerbate the ingestion of the chemicals, thereby worsening the injuries sustained.

Questions to the Occupational Health and Safety expert and their responses

Please explain why you're qualified to assess the safety / adequacy of the warnings and labeling utilized in this product.

I have a Ph.D. in Industrial and Systems Engineering with a focus on Human Factors, and I have designed and evaluated warnings in a variety of domains. I have evaluated warnings for products which involve hazardous substances and know that there are federal requirements for the labeling of hazardous substances that must be followed. To be effective, it is necessary that a warning be read, understood, and complied with, and also that compliance with the information provided in the warning reduces the likelihood and/or severity of harm.

Have you ever created warnings / labeling for similar products? If so, what additional safety measures must be considered?

Upon review of the case overview, only, it appears that the instructions provided regarding what to do if the product is ingested provided information that failed to reduce the likelihood / severity of harm and, possibly, increased the likelihood / severity of harm.

About the expert

This highly qualified expert has extensive experience in designing and reviewing product warnings and labels. He received his MS and PhD degrees in industrial and systems engineering from the University of Wisconsin. He has published 25+ peer-reviewed journal articles and is a former senior associate at Exponent Failure Analysis Associates. Currently, he is the president of a major human factors consulting firm, where he addressed products in multiple stages of the design process. He engaged in review and design of product labeling and instructions for use, product testing, regulatory and standards search and review, and heuristic evaluation of products before and after their release into the market. He has also consulted during product recalls through the design of potential corrective action plans, by drafting and reviewing warnings and instructions for use, and by presenting corrective actions plans to the Consumer Product Safety Commission.

E-028932

Specialties:

Occupational Health and Safety