A previous blog post discussed a recent case involving Claire's, a nationwide chain of stores whose target market is girls aged three to 18. An investigation revealed the presence of asbestos in 17 of its makeup products, however the company disputed the findings. The North Carolina Scientific Analytical Institute (NCSAI) Director of Research and Legal Services stands behind the lab's initial finding that Claire's sold asbestos-containing products.
The news broke last month that at least one national retailer - whose targeted demographic group is adolescent girls and young women - was found to be selling potentially cancer-causing makeup. This revelation came in the midst of the holiday sales crush, when consumers were flocking to malls and stores for last-minute gifts for friends and loved ones.
Our North Carolina readers likely want to know that recently, several companies have been exposed for selling asbestos-containing products. This is not only dangerous for consumers, but also opens these companies up to potential product liability lawsuits.
Our previous North Carolina blog posts have reported on the product liability lawsuits facing companies, like Johnson & Johnson (J&J), Whittaker, Colgate-Palmolive, Clark & Daniels and Justice for their talcum powder products. J&J has consistently maintained its innocence, denying that its products contain asbestos and claiming that its talcum powder is safe.
Many North Carolinians, like people all over the world, use talcum powder as part of their daily hygiene routine. Recently, there has been an influx of product liability cases due to talcum powder's cancer-causing ingredients. Companies such as Johnson & Johnson, Colgate-Palmolive, Whittaker, Clark & Daniels and Justice have all faced many lawsuits by victims alleging exposure to their asbestos-containing products. These companies often deny the dangerousness of their products; however, many people bringing products liability lawsuits have been able to recover compensation for their illnesses.
North Carolinians may be interested to know that an appeals court recently allowed a 70-year-old woman to move forward with her product liability lawsuit against Colgate-Palmolive, the manufacturers of Cashmere Bouquet talcum powder. She alleges that the company's asbestos-containing products led to her development of mesothelioma after more than 20 years of daily use. According to the woman, her mother powdered her as a child after every bath, and she continued to regularly use the product.
When North Carolinians develop a disease, such as mesothelioma from asbestos exposure, they may bring a product liability case. Product liability cases may be based on strict liability, negligence or breach of warranty. Strict liability requires the claimant to show that the product had an unreasonably dangerous defect in its design or manufacturing process that the claimant used the product in the way it was intended to be used, and no changes were made to the product from its original state when sold.
A previous North Carolina blog post discussed a product liability case in which a woman won $417 million against Johnson & Johnson (J&J). The jury found that J&J failed to adequately warn consumers about the cancer risks of asbestos-containing talcum powder. The company now faces another lawsuit, filed on behalf of more than 50 women who also developed ovarian cancer due to J&J talcum powder.
North Carolina residents should know that Johnson & Johnson (J&J) will now have to pay $417 million to a woman who brought a product liability lawsuit. She allegedly developed ovarian cancer from many years of daily application of the company's talcum powder. The jury found that J&J failed to adequately warn consumers about the cancer risks. This was the largest verdict of its kind against J&J, to date.
An investigative report recently had several samples of makeup tested to determine if there was anything included in the products that was not listed as an ingredient. The report tested the "Just Shine Shimmer Powder" sold by Justice, a popular girls' apparel store. According to the Scientific Analytical Institute in Greensboro, the makeup tested positive not only for heavy metals barium, chromium, lead and selenium, but also tested positive for asbestos.