United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT (DOC. 10).
CARAM STEEH UNITED STATES DISTRICT JUDGE
case arises out of injuries that plaintiff Doha Shuayto
sustained after using a product manufactured and sold by
defendant Skin Obsession. The matter is before the court on
defendant's motion for summary judgment. The court heard
oral argument on the motion on October 26, 2016. For the
reasons stated below, defendant's motion for summary
judgment is GRANTED.
manufactures and sells skin care products, including a range
of glycolic acid chemical peels in various concentrations
ranging from 20% glycolic acid to 50% glycolic acid. (Doc.
10-1 at 1). The product description for the 50% glycolic acid
chemical peel on defendant's website states:
Our 50% Glycolic Acid Peel is the strongest of our Glycolic
acid peels and is best for people who are familiar with the
peeling process. This peel is suited for tougher skin and
clients who know how their skin responds to a peel. If you
know how your skin responds to a chemical peel, this is the
peel you should order. If you are new to peeling, a lower
concentration is more appropriate. The 50% Glycolic peel is
very safe when used as directed, but is a strong,
professional strength peel (pH 1) and should be used only as
Legal Disclaimer: Information provided within this entire
listing is intended to be used as general information-only
and is in no way intended to replace medical advice, is not
to be used as a medical treatment program, nor to diagnose or
cure of any disease or medical condition. Always consult with
a qualified physician for medical advice. You are solely
responsible for the use and misuse of products offered and
for all actions and consequences of that use or misuse.
Always patch test products before use. … Misuse of
chemical products can cause injury and burns.
(Doc. 10-1 at 1-2).
prior history with chemical peels consisted of one or two
chemical peels administered by a physician within the
preceding three or five years. (Doc. 12-1 at 8). Plaintiff
could not remember the name of these peels or their active
ingredients. (Doc. 12-1 at 9).
April 23, 2015, plaintiff ordered a bottle of the 50%
glycolic acid chemical peel from defendant's website
after an unnamed acquaintance in her nail salon recommended
Skin Obsession products. (Doc. 12-1 at 5, 9). Plaintiff
testified that, prior to purchasing this 50% acid
concentration, she read the product's description and
understood that this was the strongest glycolic acid peel,
suited for those “who are familiar with the peeling
process” and “know how [their] skin responds to a
chemical peel.” (Doc. 12-1 at 10). Despite her limited
experience with chemical peels, plaintiff purchased the 50%
glycolic acid concentration.
testified that she applied the peel as instructed on the
evening of April 28, 2016, felt burning and stinging, and
removed the peel after 3 minutes. (Doc. 12-1 at 13-14).
Plaintiff's pain increased throughout the night, leading
her to seek medical treatment. (Doc. 12-1 at 14). Defendant
relies on plaintiff's prior statements and medical
records to argue that she misused the peel; leaving it on
overnight and failing to remove it with the instructed
sustained second degree chemical burns to her face. (Doc.
10-5 at 3). Plaintiff filed this action against defendant,
alleging claims for negligence, including improper
manufacturing and failure to test the product, and breach of
implied warranty. Defendant filed a motion for summary
judgment on August 12, 2016. (Doc. 10).
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