Posted on Jul 02, 2010
A defective design in the child-proof capping for Procter & Gamble's Scope Original Mint Mouthwash has led them to issue a nationwide recall of nearly 35,000 units, which were manufactured domestically. Since the $4 product contains ethyl alcohol - which is dangerous chemical for children - it must therefore, as a general rule, be secured by a child-proof cap.  If there is no child proofing on the bottle, the manufacturer must clearly label the packaging to specify that the mouthwash is only appropriate for use in homes where children are not present.

In this defective product recall, consumers have been advised that they can determine whether the packaging is in fact defective by looking at the following: if they can twist off the container's cap off without squeezing the safety tabs on the caps, then the packaging is deemed not child-resistant.

As part of its recall, Proctor and Gamble is apparently offering to replace the product free of charge, or, as an alternative, a full refund of the mouthwash's purchase price.

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Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer