Hello,My friend bought some protein powder from a website stating that the protein did not contain wheat as he has a wheat allergy.
He has consumed it and suffered a reaction and is now fighting with the company who are stating that as the website said the product contained oat powder he should have made the relation to wheat from that (the website made no relationstionship public and from reading it have insinuated the product is wheat free).
What legal position does my friend stand in as at the moment they are not even offering to take the product back and refund him his money let alone compensate him for the allergic reaction he has suffered as a result.
thanks for your help
Apologies I explained that poorly. before buying the product the company confirmed via email that the Oat Powder catagorically did not contain any wheat and
Upon reading the ingredients on the box of protein did he discover the inclusion of wheat. So the product did contain wheat but the company did not explain so on there website and reassured him via email that it didn't contain wheat ergo leading to his consumption of the product.
Andrew B - Nothing, its his fault for not knowing or asking the different on what Oat is.
ReplyDeleteYou cant sue a company because you didn't read all the ingredients properly
Ms. Hoppenstedt - So the product really did not contain wheat? In that case the company is not at fault. Becaue if your friend is gluten-intolerant, he should have known that he should avoid oat, because many sorts of oat contain gluten. And the website did not say gluten-free, or did it?
ReplyDeleteIf he's merely allergic to wheat and discovered this way that he also happens to have an oat allergy, bad luck, nobody's fault.
If, however, the powder did indeed contain wheat on contrary to the statement on the website ad the package, then the company is a fault.
Ben Malloy - .
ReplyDeleteQueen of the Dust Mites - Caveat Emptor
ReplyDeleteLet the buyer beware.
If you friend is allergic or sensitive to wheat he should read the label of everything BEFORE consuming the product.
That being said, if the company said there is no wheat and wheat is listed as an ingredient the least they could do is refund the purchase price.