Nerium’s prize product, Nerium AD, has been called out following the filing of a new lawsuit in Missouri.
The company claims:
“Nerium AD (“Age Defying”) contains the most effective ingredients available, including our exclusive, patented NAE-8 extract, which has powerful antioxidant properties that help reduce the appearance of many signs of again.”
The plaintiff in said lawsuit, Christina Swiatek, alleges that Nerium AD also causes chemical burns and permanent skin damage.
Christina Swiatek, who is a resident of Illinois, asserts that she bought Nerium AD from one of Nerium’s members.
She also claims that after using Nerium AD “as directed and intended”, the product caused chemical burns, irritation and permanent skin damage.
Her specific symptoms include ‘painful, severe and permanent injuries to her face and neck’, which she asserts have left her “disfigured”.
She contends that Nerium had a duty to ‘supply a product that was not unsafe, not unreasonably dangerous and not defective‘.
Now before we go further and don’t know what this company is about, check out my review of Nerium right here.
The lawsuit reads that:
- Nerium was aware that users of its product had reported adverse and severe reactions to the product in question.
- Nerium failed to inform its consumers of such prior reported events and failed to notify its sales representatives of (the) same.
- Nerium further encouraged its sales representatives to continue supplying the product while Nerium suppressed and/or withheld the adverse reaction reports.
- Nerium additionally trained or encourages its sales representatives to attempt to persuade consumers who experienced adverse reactions to remain silent about such reactions
- Nerium did all of the above in conscious disregard for the safety, comfort and well-being of its customers, so that Nerium could continue reaping financial benefits from the sale and distribution of the product.
- Nerium placed profits above safety.
Additionally the lawsuit sites mental anguish and the ongoing cost of ‘additional ameliorative ointments, creams and lotions‘. Christina Swiatek’s December 7, 2016 lawsuit seeks damages of more than $100,000.00 for “loss of normal life”.
The company replied to Swiatek’s lawsuit on January 30, 2017 by denying any and all accountability. In their response, they state:
“Swiatek is barred from recovering any damages because any injuries or damages allegedly sustained by Swiatek were caused…by other persons’ contributory or comparative negligence, fault, responsibility or causation and want of care. Swiatek’s contributory negligence constituted more than 50% of any and all negligence involved in this matter and therefore should be barred from recovery under Illinois law. Such negligence or fault…was in greater proportion to the negligence of fault of Nerium, if any.”
So, in essence, Nerium is trying to shift the blame back onto this consumer, who simply used a product that they sell ‘as directed’.
Nerium’s reply to this lawsuit also states of Swiatek:
“Swiatek is barred from recovering damages because Nerium AD’s allegedly dangerous and defective condition, which Nerium denies, was open and obvious. Swiatek’s claim is barred pursuant to the assumption of the risk doctrine in that Swiatek assumed any risks associated with sing Nerium AD.”
And they further states:
“Swiatek’s alleged injuries, damages, or losses, if any, were the direct, proximate, and foreseeable result of Swiatek’s individual and unique physical and bodily condition at the time of, prior to, or subsequent to the events alleged in the Petition.”
They go on:
“Swiatek is barred from recovering any damages because there was no practical or technically feasible design that would have prevented the harm alleged without substantially impairing the usefulness or intended purpose of Nerium AD…(or) compromising its usefulness.”
Nerium has requested that the court dismiss Swiatek’s lawsuit and award them legal expenses. Or in the alternative, find Swiatek partially responsible for her own injuries and uniformly reduce the damages claimed.
So the Nerium Ad lawsuit is still happening…
That’s all I got for you guys today!
If you have any questions, please leave them in the comments below 🙂
Make sure you follow me on Social Media Below:
Add Me On SnapChat:
Snap Chat I.D: MillDrive
Bless and Be Blessed,
P.S. Sign up for my news letter below and transform you financial life (Serious people only)