Labeling mishaps on oral drugs have surfaced much too often lately. In February, two birth control manufacturers announced recalls of their oral contraceptives due to labeling errors on product packaging. The mistake put thousands of women at risk to unintended pregnancy. Now, a Canadian drug manufacturer, Rexall, announced a packaging error on its over-the-counter extra strength sinus relief daytime and nighttime caplets. The daytime and nighttime tablets, together in one “combo pack” are mislabeled. The text printed on the back of the blister foil incorrectly identifies the nighttime caplets as the daytime caplets and the daytime caplets as nighttime caplets.

Compared with the daytime caplets, the nighttime caplets also contain enough diphenhydramine hydrochloride to be used as a sleep aid. Taking a nighttime caplet during the day may result in drowsiness and have safety consequences when engaging in activities requiring alertness, such as driving.

Health Canada is not aware of any reports of injury or adverse reaction due to this labelling error. However, consumers mistaking the nighttime caplets for daytime caplets may be more prone to serious accidents due to the sedation or sleepiness associated with the use of diphenhydramine.

The product was available in retail stores across Canada. The company is advising wholesalers, pharmacies and other retail locations to return unused tablets from the affected lot to their distributor or Vita Health for destruction. While there is no information that indicates these products were sold directly in the United States, Rexal products generally are available in the U.S., although sales are mainly limited to herbal supplements.

For more information concerning the recall consumers should contact Vita Health Products directly at 1-800-665-8820.

Health Canada is monitoring the recall by Vita Health Products and will continue to provide updates to Canadians if new safety information is identified.

If you’ve been seriously affected by this recall, please contact our firm immediately. You can read about our firm’s experience with personal injury claims here.

We’ve heard that a manufacturer or retailer must recall products when it knows the product may be dangerous to consumers. In fact, the safety obligations placed on manufacturers and retailers in the U.S. market help make consumerism a safer endeavor here than it is in other countries. However, when a recalled product is RE-SOLD by the retailer, the entire purpose of the recall is defeated. Right?

But, that is exactly what occurred recently. According to the Consumer Products Safety Commission (CPSC), certain recalled products, originally sold at Meijer, Inc., were resold after the recall date due to an error. These recalled products were improperly disposed of by offering them for sale at discount retailers, dollar stores, liquidation firms, flea markets and thrift stores nationwide at various prices. 

The resale of recalled products is illegal. Its unclear at this point if criminal charges will be assessed upon the resellers. Many law firms argue that more obligations must be placed on the stores acquiring the recalled goods for resale.

A particular issue with the resale of recalled products exists within second hand and discount stores, where store owners purchase somewhat defective goods, in order to obtain a lower price. The majority of consumers to discount stores – people of lower income – are thus in more danger than those individuals of higher income, who are less likely to shop at such stores. The store owners operate with lower priced – higher risk goods, and with a less powerful clientele. For those reasons, discount stores must be required to pay closer attention to the safety of the products on their shelves.

Some attorneys allege that the store owner must be pressured to check the CPSC to ensure its products have not been recalled. As of yet however, other than the general law against the resale of recalled products, there are no regulations in place requiring second hand or discount stores to take extra precautions.

One thing is clear, there is absolutely no justification for the resale of a recalled product. If the law is not adequate to prevent this injustice from occurring, the law must be changed.

The CPSC warns that consumers should stop using these recalled products immediately and contact the recalling firms listed below to participate in their individual recall programs.

Please visit the CPSC website for a complete list of the affected products.

If you’ve been seriously affected by this recall, please contact our firm immediately. You can read about our firm’s experience with personal injury claims here.