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A recent safety warning that has been issued the Food and Drug Administration has consumers, particularly parents, concerned about their children’s safety. Cosmetics sold and by the company called Claire’s are apparently often used by tweens and teens. Some of their cosmetics are said by the FDA to have tested positive for asbestos. Although the company disputes the findings of the independent testing, the company has removed the products which are no longer for sale. Many products are subject to recall by federal consumer agencies, products such as cars, toys, appliances and many others are recalled on safety concerns. However, under current law and regulations, cosmetics are not subject to recall. The only recourse for the government was to issue a safety warning. A recall was requested, but Claire’s preferred only to remove the products from sale. If you have any Claire cosmetics products in your home, it would be most safe to throw them out.

The publicity about these cosmetics has many concerned. If the testing is correct, the products could have exposed young people to asbestos. The FDA’s statement about this situation was fairly harsh, noting that the company refused to voluntarily recall the cosmetics which they say compelled their need to continue to publicize the safety concerns about it. On the other hand, the company claimed the fibers that were said to be asbestos, were mischaracterized.

Only two years ago, a concerned mother had some products tested which also resulted in product removal. The risk of health hazards is lessened when asbestos exposure is limited. The risks increase when asbestos exposure goes on for long periods of time, as has been the case with certain industries that had products that routinely used asbestos in past decades. The auto industry has been particularly a concern for those who worked on vehicles that had asbestos in their braking systems.

This situation has prompted concerned parents and physicians to suggest that the laws need to be changed. Cosmetics that are used often by tweens, teens and adults could cause harm over time if they contain substances known to be dangerous. But the laws do not provide recourse for consumer agencies to do much more about this than warn the public.

As lawyers who help the victims of defective or harmful products, we understand the concern voiced by the FDA and others about these products. Many companies work to provide safe products to consumers. But sometimes products can end up causing harm and when that happens, the law often supports victims after they have been harmed.
A very good example of this is the massive recall of airbags by the Takata company in the past several years. These products which are incorporated into vehicles to keep passengers and drivers safer, have malfunctioned and caused harm and even fatal injury to many consumers. The problem with these airbags, which were in vehicles around the world, is very dangerous. In certain circumstances, the airbag could deploy on its own or in an accident and cause shrapnel to shoot from the airbag. The airbags deploying on their own appeared to be related to warm weather and moisture.
At Scholle Law we help those harmed or injured in accidents, by unsafe products and other situations caused by the negligence of others. We are here to take your calls when you have a concern about an injury sustained by you or a loved one. Please feel free to contact our law firm at any time for a free evaluation.