Question
At the beginning of August 2021 Giles, aged 15, went on a walking holiday with his aunt Agatha and his cousin. Just before they left
At the beginning of August 2021 Giles, aged 15, went on a walking holiday with his aunt Agatha and his cousin. Just before they left Giles complained that he had a very painful gum. Agatha produced a bottle of ointment called 'Wonder Gum Salve' manufactured by Magi Gum Cure Ltd that she had purchased in 2020. The label said 'A natural remedy for all gum infections. Suitable for people of all ages. BEST BEFORE July 31, 2021.' Agatha rubbed the ointment into the affected part of his gum in accordance with the instructions. They then set off on holiday. After a day or two Giles felt that the pain and discomfort had become worse and that one or two of his teeth had become unstable. He decided not to worry his aunt and interrupt the holiday, but after five days he did tell her. Agatha said that they would have to wait until they reached a town where they could find emergency dental care.
By the time that Giles got treatment his condition had worsened and a number of his teeth had to be extracted. There had been no report of any such reactions at the time the ointment was manufactured or by the time Agatha purchased her bottle. One suggestion was that possibly the ointment had reacted with medication Giles was taking to deal with his attention deficit hyperactivity disorder (ADHD). It has now been discovered that in May 2021 an article was published in an Australian medical journal discussing a case where a patient taking medication for ADHD had experienced a mild reaction when he used Wonder Gum Salve.
Advise Giles as to possible claims under the Consumer Protection Act 1987.
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