Pellon v. Colgate-Palmolive

RICHMOND COUNTY
Products Liability

New York Law Journal

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Justice Joseph Maltese

Colgate-Palmolive moved for summary judgment dismissal of this product liability action to recover for injuries Pellon allegedly sustained from ingesting tainted toothpaste claiming it did not manufacture the toothpaste. Pellon's deposition testimony revealed she became ill after ingesting the toothpaste, was admitted to the hospital and allegedly sustained colitis, and other gastrointestinal injuries. Dollar Worth's manager stated the store where the toothpaste was purchased sold closeout goods, acknowledging the toothpaste did not come from Colgate. He noted the store did not employ quality control procedures to confirm if the toothpaste was legitimately from Colgate. A technical associate from Colgate testified the toothpaste in question was counterfeit. The court found Pellon failed to show any design or manufacturing defect or a breach of implied warranties, noting she failed to show Colgate failed to warn or notify Pellon of any foreseeable dangers and risks associated with using their toothpaste. It ruled Colgate was not responsible for counterfeit products sold in the marketplace that violated their trade name or trademarks. The court granted dismissal against Colgate-Palmolive, but allowed the case against the distributor and seller to proceed to trial.

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