Country:

Netherlands

Court:

Rb. Zwolle 24 April 2002, Prg. 2002, 5921 (Mini tampon)

Topics:

Presentation of the Product

Expected use

Articles:

Art. 6 al. 1 sub a

Art. 6 al. 1 sub b

Facts:

A 16 years old girl inserted a mini tampon in a wrong way: she inserted it in the urethra and not in the vagina. She only succeeded to do so after she had put vaseline on the tampon (on her mother's advise...). After the insertion she could not get the tampon out and a surgery was necessary. The girl suffered damage and held the producer of the mini tampon liable.

Legal questions:

(1) Should the presentation of a product as provided for in article 6 al. 1 sub a also be clear enough for first users?

(2) Can the design of a product be responsible for an unexpected use on the basis of art. 6 al. 1 sub b?

Decisions:

(1) The court considered that the instructions for use should be clear enough, also for first users of the product. It decided that this was the case.

(2) The court deemed the design of the tampon not to be defective, because it was only possible to insert it in a wrong way with a lot of effort and pain (and vaseline).