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For more than two years now, the FDA has voiced concerns about Claire’s brand cosmetics products, after receiving multiple reports of possible asbestos contamination. Now that they have performed several rounds of independent testing, the FDA has now formally confirmed that there are traces of asbestos in certain Claire’s cosmetics products.
Because Claire’s is currently refusing to recall the affected products, the FDA is urging all consumers to discontinue use, and to report any problems to the FDA’s MedWatch reporting system. At The Ferraro Law Firm, our Florida asbestos claims lawyers have spent decades helping consumers pursue defective product claims and win fair compensation for their injuries. If you sustain injuries after using defective Claire’s cosmetics items, we can assist you.
Can the FDA Force Companies to Recall Products?
FDA stands for the “Food and Drug Administration,” which means that they primarily have power over food and drug products – although they do have some limited powers over cosmetics products, too. Whenever a dangerous flaw or contamination is discovered in a consumer product line, the FDA can issue formal public warnings about that product, in an attempt to halt any further injuries. The agency can also request that a company or manufacturer submit to a national recall effort.
In rare instances, the FDA may be able to force a mandatory recall. However, most of the time, the FDA depends on the companies themselves to issue recalls: This is especially true in the case of cosmetics products, which are not fully regulated by FDA standards.
Which Claire’s Products Contain Asbestos?
Asbestos is perhaps one of the most dangerous substances out there, and ever since the Toxic Substances Control Act in 1976, it has been heavily regulated by the Environmental Protection Agency (EPA). But because asbestos is mined next to talcum powder underground, it can be difficult to ensure that talc-based products are free of asbestos fibers.
This means that many other talc-based cosmetics and personal care products could contain asbestos strands, as was proven in the case of Johnson & Johnson’s infamous cancer-causing baby powder. Due to the extreme personal contact involved in using products like these, the injuries that result can be incredibly severe.
In this particular case, the affected Claire’s products include the following:
- Claire’s Eye Shadows, Batch 08/17
- Claire’s Compact Powder, Batch 07/15
- Claire’s Contour Palette, Batch 04/17
Protecting Consumers from Dangerous Products
Although it’s still too early to tell if anyone sustained injuries after using Claire’s brand cosmetics items, it’s crucial that you exercise caution after using these product batches, especially if they were used by children. Because Claire’s is primarily marketed at young women, it stands to reason that the company could be held liable for a lifetime of medical costs in the event of a serious asbestos injury.
When you need help fighting a defective product manufacturer, our skilled Florida attorneys can stand by your side and offer the aggressive legal approach you need. We’ve won billions of dollars in verdicts and settlements since starting out in 1985, and as a boutique firm focused on both asbestos and product liability, we have the skills and experience to handle any Claire’s cosmetics-related claims.
Frequently Asked Questions
Frequently Asked Questions
01.
How do I know if my ovarian cancer is linked to talcum powder?
A thorough review of your medical records, history of genital talc use, and product documentation can help identify links between your cancer diagnosis and talc-based products, including Johnson’s baby powder.
02.
What about Johnson & Johnson’s bankruptcy filing?
Johnson & Johnson’s talc subsidiary, Red River Talc LLC, has pursued bankruptcy multiple times. However, recent court denials of motions or appeals may affect how settlements or mass tort claims proceed. An experienced talcum powder lawyer stays current on these developments.
03.
Will I need to go to court?
Many talcum powder lawsuits reach settlements, but if a fair agreement can’t be reached, our attorneys will advocate for you in court. We’re prepared for any outcome, from the first talc trial to subsequent appeals.
04.
What compensation can I receive?
Compensation may include medical bills, lost wages, pain and suffering, punitive damages, or wrongful death damages if a loved one passed away due to asbestos contamination or talc use.
05.
How long do I have to file a talc powder lawsuit in Florida?
Under Florida law, there is a statute of limitations for product liability claims. As laws and deadlines vary by state, it’s important to consult an attorney promptly so that you meet all filing requirements to protect your right to compensation.
06.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide. Our extensive experience in complex litigation and technical claims helps us effectively advocate for your rights, no matter where you live.
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