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Question
Aspirin generally comes in 81-mg and 325-mg doses. Arnold's Aspirin Company starts a marketing campaign touting the 81 mg as children's doses and the 325 mg as adult doses. Aspirin is widely accepted to be a generally safe, nonprescription product for people without aspirin allergies. Arnold's sells the 81-mg pills in bottles with cartoon characters, and it flavors the pills to make them more palatable. It has been proved 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 in the middle of one paragraph it states, in type similar in font, size, and color to the surrounding type, "not for 12 yrs or under." When Deloris's 8-year-old got sick, Deloris bought Arnold's 81-mg aspirin for her son, and her son subsequently contracted Reyes syndrome. Does Deloris have a cause of action in tort for her son's injuries?
Answer
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