Icy Hot Skin Irritation and Burns in California: Product Liability and Your Rights

Icy Hot is a topical pain reliever made by Chattem, a Sanofi company. Icy Hot and similar methyl salicylate-based products have been associated with skin irritation, chemical burns, and in some cases serious injuries in California consumers. The FDA has issued a safety communication regarding methyl salicylate products. California product liability law provides remedies for consumers hurt by defective products or products without adequate warnings. Attorney Damoun Yazdi evaluates product liability claims for topical analgesic injuries throughout Southern California.

Key Takeaways

• The FDA issued a drug safety communication on September 13, 2012 warning about rare but serious skin reactions, including first-, second-, and third-degree chemical burns, from over-the-counter topical products containing methyl salicylate, menthol, or capsaicin, including Icy Hot
• California strict product liability law (Greenman v. Yuba Power Products (1963) 59 Cal.2d 57) provides recovery for defective design, manufacturing defect, or failure to warn without requiring proof of manufacturer negligence
• A failure-to-warn (marketing defect) claim applies when the product warning label does not adequately disclose risks of serious skin irritation or burns, particularly with extended or occlusive application
• Damages recoverable include medical expenses, lost wages, pain and suffering, and in cases of particularly egregious conduct, punitive damages under Civil Code Section 3294
• California’s two-year statute of limitations (CCP Section 335.1) applies to product liability injury claims

How California Product Liability Law Applies to Topical Analgesic Injuries

California strict products liability holds manufacturers, distributors, and retailers in the chain of distribution liable for products that are:

• Defectively designed
• Defectively manufactured
• Sold with inadequate warnings of known risks

For Icy Hot and similar products, the most common theory is failure to warn: the product warning label did not adequately alert users to the risk of serious skin reactions, chemical burns, or the dangers of applying the product under occlusion, meaning covered by clothing, bandages, or a heating pad. FDA adverse event reports can be used to establish that a manufacturer knew or should have known about these risks.

Documenting a Topical Analgesic Injury Claim

To support a product liability claim:

1. Preserve the product and packaging, including the lot number
2. Photograph all skin injuries at the time of occurrence and during the healing process
3. Seek immediate medical evaluation and obtain all records
4. Retain the receipt or other evidence of purchase
5. Do not destroy the product; it may be needed for testing

Contact Attorney Yazdi promptly to assess your claim.

Contact The Accident Network Law Group

If Icy Hot or a similar topical analgesic caused you a chemical burn or serious skin reaction, The Accident Network Law Group can evaluate whether the manufacturer failed to adequately warn you of the risk. Attorney Damoun Yazdi and his team represent product liability clients in Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield. We offer free consultations, handle cases on a contingency fee basis, and serve Spanish-speaking clients as well (Se habla espanol).

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.