Question

Aspirin generally comes in 81 mg and 325 mg doses. Arnold's Aspirin Company starts a marketing campaign touting the 81 mg to be children's doses and the 325 mg to be adult doses. Aspirin is widely accepted to be a generally safe, nonprescription product for those without aspirin allergies. Arnold's sells the 81 mg pills in bottles with cartoon characters and flavors the pills to make them more palatable. It has been proven that giving aspirin to children under 12 may cause Reyes Syndrome, an often fatal disease linked to treatment of viral infections with aspirin. The back label of Arnold's 81 mg bottles is printed in very small and cramped type and contained in the middle of one paragraph it states, in type similar in font, size and color, "not for 12 yrs or under". When Deloris's 8 year old got sick she bought some Arnold's 81 mg aspirin for her son and her son contracted Reyes Syndrome. Does Deloris have a cause of action in tort for her son's injuries?

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