Insufficient Warning/Label Claims

When you buy a product—whether it’s a household cleaner, over-the-counter medicine, or even a food item—you expect clear, honest labelling. You should never be left guessing about potential risks or proper use. But when vital warnings are missing, hard to understand, or tucked away in fine print, the consequences can be serious.

At John O’Leary Solicitors LLP, we’ve been helping people across Tallaght and Dublin for more than 20 years who’ve been harmed by products that didn’t come with proper safety instructions or clear warnings. We know how easily a hidden allergen, a mislabelled medication, or a poorly marked hazard can turn everyday life upside down.

If you’ve suffered an injury or illness because of a product that failed to warn you properly, you’re not alone—and you’re not without options. Our team is here to explain where you stand, guide you through your next steps, and act swiftly on your behalf. We’ll keep things simple, respectful, and focused on getting you a fair outcome.

Get in touch with John O’Leary Solicitors LLP today to speak with a solicitor who listens, understands, and knows exactly what to do next.

What the Law Actually Requires: Your Right to Be Warned

Irish product liability law is clear on one thing: if a product carries a risk, that risk must be made known to you before you use it. The law doesn’t just expect manufacturers to design safe products—it also expects them to provide sufficient warning if there’s a foreseeable danger in how that product is stored, handled, consumed, or applied. That duty extends to every party in the supply chain, not just the original maker.

The Liability for Defective Products Act 1991 defines a product as defective when it fails to offer the level of safety a person is entitled to expect. That standard includes clear, visible and accurate warnings. The Act doesn’t require you to prove negligence. If you’re harmed by a product that lacked adequate labelling, you may have grounds for a claim—even if the product was otherwise well-designed.

The General Product Safety Regulations (2004) back this up. Under these regulations, any product placed on the Irish market must be safe under normal or reasonably foreseeable use. Where risks remain—such as chemical hazards, sharp components, choking risks, or incorrect use—the manufacturer must include appropriate safety warnings and instructions. These warnings must be accessible and easy to understand for the average consumer. That means not hidden in fine print, and not worded in a way that confuses more than it clarifies.

The Consumer Protection Act 2007 also comes into play. It prohibits traders from giving misleading information about a product—either by what they say or what they fail to say. A missing allergen warning, or a label that implies a food is safe for children when it’s not, could easily breach this law. The same applies to dosage guidance that’s vague, incomplete or badly translated.

In practical terms, if a product is likely to cause harm unless specific precautions are taken, the label must tell you that. If there are ingredients that could cause severe reactions, the label must highlight them. If a device or product must not be used in certain circumstances—around children, in heat, near liquids—the label must say so, clearly and prominently.

None of these obligations are optional. If the risk is foreseeable, then the warning is mandatory. And if a product fails to include a warning that would have altered how you used it—or whether you used it at all—it may be legally defective.

In Ireland, the law doesn’t tolerate silence when it comes to safety. If you were left in the dark and paid the price, the system allows you to take action.

Linking the Warning to the Injury

Establishing causation in an insufficient warning or labelling case means answering a specific legal question: would the injury have been avoided if the warning had been adequate? Under Irish law, you don’t need to show the product was dangerous in every possible way—you just need to show that the missing or unclear warning made the difference.

In these types of claims, causation hinges on whether the lack of clear information influenced your behaviour. If you wouldn’t have used the product at all, or would have used it differently had you been properly warned, then the manufacturer’s failure may be legally significant. This applies across product types—food, household chemicals, electronics, cosmetics, or medicines.

Take, for example, a case involving undeclared allergens. If the label doesn’t mention the presence of peanuts, and a consumer with a known allergy has a severe reaction, the link is direct. The same applies to a cleaning product that lacks proper hazard symbols or protective use instructions. If someone uses it bare-handed and suffers a chemical burn, the manufacturer’s failure to guide safe use becomes central.

Causation must be specific and plausible. The law doesn’t accept vague assumptions. It’s not enough to say a better label might have helped. You need to demonstrate that this label, as it stood, failed to prevent this injury, and that a reasonable person in your position would have behaved differently if properly informed.

Irish courts will often consider:

  • Whether the injured party read the label
  • Whether the risk was obvious or hidden
  • Whether the injury occurred through misuse or foreseeable use
  • Whether the omitted warning would have likely prevented the injury

It’s not about hindsight—it’s about reasonable expectations and real-world outcomes.

In many cases, causation can be supported through factual evidence: retained packaging, medical records, GP statements, or FSAI/HPRA investigations. But it always comes back to one question: was the warning so inadequate that it made harm more likely, and did that harm happen as a direct result?

That’s the standard. And if your case meets it, Irish law gives you a right to be heard.

Who Can Be Held Liable (and When)

In Irish product liability cases, responsibility doesn’t stop with the manufacturer. If a product reaches the market with missing, misleading, or insufficient warnings, any party in the supply chain can potentially be held liable. That includes importers, distributors, own-brand retailers, and in some cases even online marketplaces.

Manufacturers

Under the Liability for Defective Products Act 1991, the primary legal responsibility rests with the manufacturer. If a product lacks an adequate warning, and someone is injured as a result, the manufacturer can be held strictly liable—even without evidence of negligence. That covers Irish-based manufacturers and those within the EU.

Importers

When a product is manufactured outside the EU, the party that imports it into Ireland takes on the legal responsibilities of the manufacturer. This means if you buy an item made in, say, China, and it lacks legally required warnings, the Irish or EU-based importer becomes liable under the 1991 Act and relevant EU safety regulations.

Own-Brand and Rebranded Goods

Retailers who market products under their own label—or who present imported goods as their own—are treated as manufacturers under Irish law. So, if a supermarket sells a cleaning product with no safety instructions under its own brand, the supermarket itself can be held liable for any resulting injuries.

Distributors and Wholesalers

Distributors may also bear liability if they’ve altered, repackaged, or relabelled products in a way that affects the safety information. Even where they haven’t changed the packaging, a distributor can face liability if they continue selling goods after becoming aware of a known safety issue.

Online Marketplaces

Irish law is evolving here. While platforms like Amazon or AliExpress claim they’re not the “seller,” EU regulations are tightening. If the platform controls product listings or handles storage and delivery, it may bear some responsibility—especially if the item lacks basic safety labelling or CE markings.

If the product harmed you and the label failed you, it’s not just the manufacturer who can be pursued. The law allows claims against whoever put the product into your hands—especially if they were in a position to know the risks and did nothing to fix or disclose them.

When to Report, Who to Report to, and Why It Helps

If you’ve been harmed by a product with insufficient warnings, reporting the incident promptly isn’t just helpful—it can be strategic. It helps to build independent documentation around your case, often before any legal action is taken.

Start Locally: The Environmental Health Officer

If the incident involves food, cosmetics, or household goods sold in Ireland, your first report should be to your local Environmental Health Officer (EHO), usually based in your regional HSE office. The EHO has the power to investigate premises, remove unsafe products, and initiate formal testing. You’ll need to provide:

  • The name and address of the shop, café, or supplier
  • A description of the product and what went wrong
  • The date and location of purchase or exposure
  • Any packaging or product remnants (if available)
  • Medical confirmation of your symptoms (if already received)

If the product is still in your possession, store it securely—ideally in a sealed container in the fridge or freezer if it’s food.

File a Complaint with the FSAI

The Food Safety Authority of Ireland (FSAI) manages food-related risks nationwide. If your injury relates to a food product with missing allergen warnings, cooking instructions, or contamination risks, you can file a complaint directly at www.fsai.ie. The FSAI then forwards your report to the relevant HSE inspector for follow-up.

This complaint process is confidential. Your name and personal details are not shared with the business you’re reporting.

Why Reporting Helps Your Legal Claim

Independent bodies like the FSAI or HSE create written records of your complaint. If they find regulatory breaches—such as non-compliant labelling or product safety failures—that can serve as strong supporting evidence if you later decide to pursue a civil claim. It also shows that you acted quickly and reasonably, which matters under Irish civil procedure.

Even if the incident seems minor at first, documenting it early often proves valuable down the line.

Time Limits for Bringing a Claim

Most personal injury claims—including those involving defective or inadequately labelled products—must be filed within two years less one day from the “date of knowledge.” That’s the date when you first became aware (or ought to have become aware) that:

  1. You suffered an injury
  2. The injury was significant
  3. It was caused by a particular product
  4. Someone else was potentially at fault

This doesn’t always mean the date of the incident itself. For example, if you ate a product with an undeclared allergen and symptoms only emerged days later, the clock typically starts when the symptoms were medically linked to the product.

If the person injured is under 18, the two-year clock doesn’t start until their 18th birthday. However, a parent or guardian can bring a claim on their behalf at any time before then.

Missing the deadline—even by a day—usually means your case will be struck out by the court, regardless of its merits. It’s not enough to report the incident or speak to a solicitor. The claim must be formally initiated before the time limit expires.

That’s why early legal advice matters. The sooner the issue is assessed, the sooner deadlines can be protected—especially if medical investigations or expert input are needed before proceedings can begin.

Frequently Asked Questions

What if I didn’t read the label—can I still claim?

Possibly. The key issue is whether the warning was adequate and prominent enough to reach an average consumer. If the label was hidden, vague, missing entirely, or misleading, then your failure to read it may not block your claim. Irish courts look at whether a reasonable person would have been properly alerted to the risk.

Is there a difference between a misleading label and a missing warning?

Both can form the basis for a claim. A missing warning means no guidance was given about a risk. A misleading label may give false reassurance or downplay the danger. Irish law treats both as potential breaches of duty under the Liability for Defective Products Act 1991 and the Consumer Protection Act 2007.

Do I have a claim if the product was legally sold in Ireland?

Yes. Even if the product met general market regulations, it may still be considered legally defective if it didn’t carry sufficient warnings for its specific risks. Retail approval does not guarantee legal immunity from personal injury claims.

What if the packaging has changed since I bought the product?

You should try to preserve the original packaging if possible. But even if it’s gone, your claim may still proceed using purchase records, photos, or witness statements. Sometimes the distributor or retailer can confirm which version of a label was in use at the time of sale

Can I claim for emotional distress as well as physical harm?

Irish courts primarily award compensation for physical injury, but in some cases, psychological trauma linked directly to the incident may also be considered—particularly in cases involving children, severe reactions, or hospitalisation.

What happens if the product was bought online from outside Ireland?

If the seller was based outside the EU, the importer or Irish retailer may be held liable. If the item was purchased through a platform like Amazon, responsibility may still attach depending on how the transaction was structured. Legal advice is key here—product origin and sale method can affect liability.

What if the injury was minor and I recovered quickly—should I still report it?

Yes. Minor injuries can reveal systemic product risks that affect others. Reporting creates an official record and may strengthen your case if symptoms later worsen. It also supports public safety by alerting regulatory bodies to potentially hazardous goods.

Contact Us

If you or your child has been harmed by a product that lacked proper warnings or labels, John O’Leary Solicitors LLP is here to help. With over 20 years’ experience supporting families across Tallaght and Dublin, we’ll guide you clearly and personally through your next steps. Call or email our office today. We’ll listen, explain your options, and help you act fast.