Asbestos and Product Liability in Cosmetics

 Posted on November 29, 2019 in Product Liability

When we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.

Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.

The standards for cosmetic companies has increased over time. There was a time where ingredients like lead were commonly used in makeup. Now, the heavy metal is widely known as a poison that could kill a person with enough exposure. It is the company’s responsibility to protect consumers from harmful ingredients. When known toxins are included, and consumers are not warned about the risk, their personal care item could eventually cause death.

There are times when a product is generally considered safe to use but is contaminated. There have been recent discoveries that makeup from the fashion retailer, Claires, have been contaminated with asbestos. The store marketed to teens and young girls have had several instances of the discovery of contaminated products on shelves within the last couple of years. Asbestos can get in the products during the production of talc, which is a soft mineral used in many powder cased cosmetics. Long exposure to asbestos can cause damage to the lungs such as cancer and mesothelioma.

Another example of asbestos contamination in cosmetics is Johnson and Johnson's baby powder. The talc-based powder is popularly used by parents to prevent diaper rashes. Only one lot of the product tested positive for asbestos in October of this year, and the company did a voluntary recall. Talc itself continues to be researched regarding being a potential cancer-causing agent.

Contact an Aurora Product Liability Attorney

When companies do not do their research and due diligence with the ingredients in their products, adults and children alike suffer. If a company’s negligence has caused you harm, contact an experienced Kane County product liability attorney today to discuss your experience. Call our office at 630-907-0909 to schedule a free consultation.

Sources:

https://uscode.house.gov/browse/prelim@title21/chapter9/subchapter6&edition=prelim

https://www.fda.gov/cosmetics/cosmetics-recalls-alerts/fda-advises-consumers-stop-using-certain-cosmetic-products

https://www.fda.gov/cosmetics/cosmetic-ingredients/talc