Consumer Law, Warranties Dangerous Dietary Supplements

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dwenterp

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We run a small business and sell dietary supplements as a distributor.
Recently, we placed a purchase order for a product that we believed to be safe and effective. We did not understand that this product was unsafe as the disclaimer on the bottle claims and that it could potentially cause heart attack or stroke. The lable of the products states that:

" Recommended Use:
Take two (2) capsules before breakfast or morning exercise session, and two (2)
capsules at mid-afternoon, with 8 ounces of water. Begin use with one-half the
recommended dose (one capsule twice a day) for the first seven days to assess
your tolerance. DO NOT EXCEED 4 CAPSULES PER DAY. DO NOT TAKE IN
THE EVENING. Please note: This product contains caffeine and should not be
taken by individuals wishing to eliminate these ingredients from their diet. *For
best results, use as part of a reduced fat diet and exercise program. Limit use of
caffeine-containing foods and beverages while taking this product because too
much caffeine may cause nervousness, irritability, sleeplessness, and occasionally,
rapid heartbeat.

Warning: Not intended for use by anyone under the age of 18. Do not use ifyou are pregnant or nursing or if you are at risk of or are being treated for high blood pressure, heart disease, renal disease, hyperthyroidism, spasms, psychiatric disease, suffer from migraines, are allergic to tyramine or chocolate,have asthma, or are taking asthma medication. Consult your physician before use if you are taking a monoamine oxidase inhibitor (MAOI). Exceeding recommended serving will not improve results and may cause serious adverse health effects including heart attack and stroke. Discontinue use and call a health care professional immediately if you experience rapid heartbeat, dizziness, severe headache, shortness of breath, heart palpitations or similar symptoms."
We feel like this product is highly unsafe. If one person accidentally consume sone additional pill, the person may have heart attack or stroke or even be dead. When people make pills, they have to leave some room for errors by eating up to 5 pills and be safe even though it is not recommended. With this product, there is no room for error. What if one petite person eats and then be sick? What if some may forget taking the pills earlier and take two extra pills later and be in a critical condition? This is a scary product.
This product is an in-stock item with a private label. The manufacturer created formula and put our label which indicates that we distributed. Before we bought this item, I reviewed the label though an e-mail. The manufacturers' employees stated that when we accepted the label, we were accepting everything about the product. When I, who does not have any related degree in Chemistry and Pharmacy, inspected the label and was conferring with the manufacturer's employees, I was referring to the graphics portion of the label and the placement of our company name, not the ingredients of the product. What puzzle's me the most about how your company works is why we did not get a description of the product with all of the ingredients explained as what they do. We are not a pharmacist. We are just a distributor. The manufacturer sends a vague label with tiny written text, and no indication of what each ingredient does and what potential side effects are involved with each ingredient.

In additions, this product would have to be destroyed since it is not safe to even keep in our home since we have two young children that could potentially open and consume this product because this product has no child safety seal.
The manufacturer does not want to get his products back even though we said we would pay re-stocking fee. Please, help us. We spent so much money on these products that we cannot even sell…
 
Did you know what you were buying before you bought the product? Did the seller mislead you in any way? In this instance, it sounds as though there is a "unilateral mistake" by one party and that does not void a contract. If the seller did not mislead you, your failure to understand what you were buying is unfortunately a loss that you would have to bear. This is my take without knowing more about your situation.
 
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