Tucked in between all the junk mail in your mailbox, a notice comes from an…
The U.S Food and Drug Administration is warning consumers not to use certain powder products because they tested positive for asbestos fibers. The agency is urging consumers to stop using the following Claire’s brand products immediately:
- Eye Shadows – Batch No/Lot No: 08/17
- Compact Powder – Batch No/Lot No: 07/15
- Contour Palette – Batch No/Lot No: 04/17
Photos of the products are available in the FDA’s safety alert.
The FDA first became aware of reports of contaminated products sold by these retailers in 2017. According to reports, the companies had their products tested by third-party labs. However, the FDA wanted independent testing to confirm these lab’s findings. Tests found that three makeup samples from Claire’s and one from Justice contained the carcinogenic substance.
In 2017, Justice recalled eight makeup products—including the one that tested positive for asbestos.
Claire’s has removed nine products makeup sets and palettes off its store’s shelves, however, the company has refused to comply with the FDA’s request to issue a recall.
The FDA doesn’t have the authority to mandate a recall, however, it is warning consumers against using the three makeup products that tested positives for asbestos. Additionally, the agency is encouraging consumers and health care professionals to report any injuries from Claire’s products to the FDA adverse events reporting program.
What is Asbestos?
Asbestos is a naturally occurring mineral that is carcinogenic to humans. For decades, the substance was used for insulation because of its fire-resistance qualities. The substance is especially dangerous when its inhaled or swallowed. Particles and fibers can lodge in internal body parts and lead to tumors that may turn to cancer. Exposure may occur in the workplace, community or in the home. Companies putting employees in danger of exposure of the substance or who have sold asbestos-contaminated products have faced thousands of lawsuits.
Asbestos exposure lawsuits have addressed mesothelioma through workplace exposure and ovarian cancer through beauty product exposure.
Claire’s and Justice
Both Claire’s and Justice are staples in mall retailers across the country. Both companies sell makeup, jewelry and other accessories. According to their websites, both Claire’s and Justice brands carry products targeted toward children, tweens and teens. In fact, Justice designates its core demographic as ages 7-14. Further, given the rise in internet makeup tutorials, more children are interested in makeup to create looks they see on their favorite YouTubers. Claire’s and Justice sell makeup products at affordable price points.
Claire’s also has a sister brand called Icing targeted toward women in the 18-35 age group that also carries makeup. However, the FDA has not mentioned whether or not these products also have asbestos contamination.
Why is there no recall for Claire’s dangerous products?
The FDA doesn’t actually have the authority to issue a recall, nor can it force a company to issue a recall. The FDA has very little authority when it comes to beauty products. Claire’s is completely within its rights in its refusal to issue a recall. As of now, the FDA has no pre-market review authority for beauty products. In addition, companies are responsible for ensuring the safety of their products. This includes both testing and labeling.
In its release, the FDA notes that the rate at which the cosmetic industry has grown and evolved has outpaced the agency’s authority to protect consumers.
The Carlson Law Firm Can Help
Asbestos fibers are extremely dangerous even at minimal exposure. When this substance is found in everyday beauty products—particularly product geared toward children—can be alarming. However, defective and dangerous products are unacceptable no matter what age they are geared for. These products can lead to injuries and illnesses that can completely alter your life and lead to mounting medical bills.
Businesses have a duty to ensure consumer safety. When they fail to do so, you may hold them accountable for their actions. The product liability attorneys at The Carlson Law Firm can help you determine your next step. We are investigating several areas of asbestos exposure. If you or a loved one have suffered injuries as a result of a dangerous substance or product, contact us to schedule a free consultation.
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