North Carolina Cosmetic Talc Asbestos Lawyer

North Carolina Cosmetic Talc Asbestos Attorney

When consumers use products like cosmetics and makeup, they have reasonable expectations of safety and care. Unfortunately, this is not always a reality. Talcum powder is a common ingredient in many makeup and cosmetic products, and talc can sometimes contain asbestos. If you or a loved one has developed cancer or other medical condition that you suspect is from long-term use of talc in cosmetics, contact a North Carolina cosmetic talc asbestos lawyer to learn what you can do.

The manufacturers and companies that create these cosmetics can be held strictly liable for defective and harmful products. Asbestos is known to have a link to an increased risk of cancer and other long-term exposure illnesses. If a company or any part of its supply chain fails to take proper care in preventing asbestos from appearing in its products, or fails to provide proper warnings, it may be liable for any harm to customers.

If you believe that you contracted lung cancer, a respiratory illness, mesothelioma, or a similar disease because of your use of cosmetics, you could file a civil product liability claim. This claim may be able to cover:

• Medical bills from your illness
• Long-term care
• Rehabilitation
• Any income you lost due to health issues

To have the greatest chance of a successful claim, you need an attorney experienced in talcum powder cancer legal claims to investigate your case.

Legal Representation for Asbestos in Makeup in North Carolina

If you have been diagnosed with mesothelioma, lung cancer, or another illness related to asbestos, and you believe that you have been exposed to asbestos in makeup, the attorneys at Wallace & Graham, P.A., could help. Our personal injury and product liability lawyers have more than 40 years of combined experience in mesothelioma-related personal injury claims, including those against negligent corporations.

A developmental and severe illness can feel overwhelming and exhausting. Learning that someone may be responsible for your condition can be frustrating, but it may also enable you to seek justice and hold that party liable. At Wallace & Graham, P.A., we can:

• Review your situation to determine if you have a possible claim.
• Guide you through the legal process as we investigate your illness and its causes.
• Determine how to hold an at-fault party accountable.

Our dedicated team is experienced in asbestos and talcum powder liability claims. Our firm is proud to have represented the rights of individuals in our community. We know how difficult it is when you or a loved one is suffering from a serious illness. Let us bring you the support you need and fight for the most compensation that is available in your claim.

What Does a Cosmetic Talc Asbestos Claim Address?

These legal claims address specific makeup and cosmetics that contain talc and talcum powder. These have been proven to or suspected of having some amount of asbestos. Asbestos exposure can result in developmental diseases and a higher risk of certain illnesses over time.

Is There Evidence of Asbestos in Talc?

The mineral talc, when naturally occurring, can also contain the mineral asbestos. Not all talc and talcum powders contain asbestos, but they can if not properly regulated and tested by companies. When consumers are exposed to asbestos, their risk of certain cancers increases. Asbestos is most harmful when inhaled or ingested.

Asbestos has been regulated for many decades, and companies and manufacturers are expected to take reasonable measures to prevent asbestos in talc products. This includes talc in cosmetics and talc in makeup.

Why Is Talc Used in Cosmetics?

When the mineral talc is ground down into talcum powder, it can be used to absorb moisture. This is why it is used in baby powder and cosmetics. In addition to limiting moisture in some makeups, such as eyeshadow, blush, foundations, contour powders, and creams, talcum powder is also used to:

• Smooth the feel of cosmetic powders.
• Limit layering or clumping of the product.
• Keep makeup fixed on the skin.
• Reduce the look of oily and shiny skin or makeup.
• Provide a more opaque look to the makeup.
• Create more filler to dilute the powder.

Although talcum powder and products that use it have often been marketed as safe, this is not always the case.

How Safe Are Cosmetics With Talcum Powder?

There are no direct proven links between health concerns and talc or talcum powder. Currently, it is only proven that there are direct health risks associated with asbestos and that talc and talcum powder can contain varying amounts of asbestos.

Unfortunately, talcum powder that is used in cosmetics is not very regulated. Because makeup and cosmetic companies can avoid testing all their products for asbestos, many products with talcum powder and asbestos contamination are sold to and used by consumers. Although manufacturers may claim that they make products with asbestos-free talc, even these products can contain asbestos.

Cosmetics and makeup are frequently applied around an individual’s nose and mouth. They may also hang in the air when being applied. Because of this, it increases the likelihood of a person inhaling or ingesting the products, which could include asbestos.

What Makes Asbestos Dangerous?

Asbestos fibers in products and asbestos-contaminated talcum powder can be harmful and potentially fatal to consumers. Long-term exposure to asbestos is linked to:

• Respiratory Illnesses: These include asbestosis, which is an inflammation of the lungs caused by inhaling asbestos over long periods of time. These particles cause scarring and inflammation, which leads to health issues like shortness of breath, coughing, and chest pains. It can also lead to the development of lung cancer or mesothelioma.
• Lung Cancer: All forms of asbestos exposure from ingestion or inhalation can increase the risk of lung cancer, especially in those who work with and mine raw talc. The more exposure an individual has to asbestos, the more likely they are to develop lung cancer.
• Mesothelioma: This is a form of cancer that occurs in the tissue lining of certain organs, including the lungs, heart, and stomach. High exposure to asbestos relates to a higher risk of mesothelioma, but mesothelioma can take several decades, between 20 and 60 years, to develop and affect an individual. This long period can make it harder to link the cause and effect of asbestos-contaminated products and mesothelioma.

The long-term use of talcum powder-based products that have amounts of asbestos may also lead to this heightened risk. Talk with an experienced North Carolina asbestos lawyer today if you believe that your illness was caused by talc and asbestos exposure.

Who Regulates Asbestos in Cosmetics?

No agency regulates talcum powder or talc, but asbestos is regulated by state, federal, and local levels of government. The U.S. Food and Drug Administration (FDA) has stated that it is unacceptable for asbestos to be in cosmetics, but there are no laws that regulate how the cosmetic industry uses and facilitates talc.

Asbestos is regulated by statutes outlined by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and other agencies. These statutes not only refer to asbestos in products but also asbestos in workplaces and living areas. Additionally, they outline how the mineral should be contacted, removed, or operated around safety.

Asbestos Found in Cosmetics

The makeup industry claims that it uses asbestos-free talcum powder, but it has often failed at this. As a result, the FDA reviewed several cosmetic products beginning in 2019. When the FDA tested 43 samples during that year, it found asbestos present in 9 of them. This is nearly 21% of this collection of samples. Asbestos-positive makeup included both adult and children’s cosmetics.

These companies were creating or selling products that contained asbestos-contaminated talcum powder:

• Claire’s
• Justice
• Jmkcoz
• IQ Toys
• Johnson & Johnson
• Beauty Plus Global Inc.
• Avon
• Colgate-Palmolive
• Shulton, Inc.

However, in 2022, the FDA stated that, of 50 talc-containing cosmetic samples tested, none were found to be positive for asbestos.

How Can a North Carolina Talcum Powder Cosmetic Attorney Help Me?

A legal claim can benefit significantly from the aid of a qualified attorney. Some of these benefits include:

• Reviewing the specifics of your situation and determining if you have a claim
• Investigating the incident to find evidence of asbestos contamination or other evidence to link the product to your illness
• Using resources, such as expert witnesses and professionals, to determine the potential causes of your developmental disease
• Calculating the extent of your economic and noneconomic damages that resulted from your illness
• Negotiating with cosmetic manufacturers and their insurance providers to attempt to reach a fair settlement
• Taking your claim to court if the other party refuses to provide you with fair compensation

An attorney can help you fight for justice, financial compensation, and closure to a complex and difficult part of your life.

Products Confirmed to Contain Asbestos

The FDA tested certain cosmetics for asbestos and discovered it in the following makeup and cosmetic products:

• Jmkcoz 120 Colors Eyeshadow Palette Makeup Kit
• Jmkcoz Beauty Glazed Gorgeous Me Eye Shadow Tray Palette
• Beauty Plus Global Contour Effects Palette 2, Lot #S1603002/PD-C1179
• Beauty Plus Global Inc. products, including:
  • City Color Cosmetics Timeless Beauty Palette, Lot #1510068/PD-C864R
  • City Color Collection Matte Blush, Fuchsia, Lot #1605020/PD-840
  • City Color Bronzer, Sunset, Lot #160634/PD-P712M
  • City Color Shimmer Bronzer, Caramel, Lot #1612112/PD-840
• Johnson’s Baby Powder Lot #22318RB

A legal claim filed against Avon products, including their Bird of Paradise Powder, Skin So Soft Satin Talc Powder, and Unforgettable Powder, determined that these products have had asbestos present, although these tests were not completed by the FDA.

In addition to these adult cosmetic products, several children’s cosmetic products and toy makeup kits have been tested by the FDA and were found to have positive results for asbestos. These products include:

• Just Shine Shimmer Powder, sold at Justice
• Princess Girl’s All-in-One Deluxe Makeup Palette, sold by IQ Toys
• Makeup sold by Claire’s, including:
  • Eye Shadows, Lot #08/17
  • Compact Powder, Style #83915-9, Lot #07/15
  • JoJo Siwa Makeup Set, Lot #S180109
  • Contour Palette, Style #40194-3, Lot #04/17

Children are at risk of diseases from asbestos, which can take decades to develop. Using these products as a child can result in developmental illnesses as young adults. Children’s products are more likely to use cheaper components, which include talcum powder, and this can increase the risks of product exposure.

Many companies that have been discovered to have asbestos-contaminated products have removed talcum powder from these products, and some companies plan to remove talc and talcum powder entirely from their cosmetics. However, many brands are only removing the products that were proven to be contaminated, or they are only removing talc from their U.S.-marketed products.

Who Qualifies for the Talcum Powder Claim?

If you or a loved one has used talc-based products for an extended period of time and has developed a respiratory disease or cancer, this may be caused by asbestos exposure. If this can be proven, you may have a successful legal claim.

For you or a loved one to be eligible for a talcum powder personal injury or wrongful death claim, you must have a developmental illness that is linked to asbestos. A successful claim must be able to prove the following elements:

1. The seller or manufacturer of a product failed to uphold their duty of care to prevent asbestos from contaminating products, or they failed to warn consumers of the risk.
2. You were exposed to asbestos-contaminated products, usually for a long period of time.
3. You were diagnosed with a developmental illness with a proven link to asbestos exposure, such as lung cancer or mesothelioma.

These claims must typically prove that the manufacturers knew that there was asbestos in the product or that they should have known that there would be an increased health risk from the product.

The following individuals may be at risk for exposure to asbestos-contaminated talcum powder:

• Users of talc-based cosmetics and makeup
• Manufacturers of makeup and cosmetics
• Children who use these products and their parents
• Makeup artists and stylists
• Models
• Employees at cosmetic stores

The risks of asbestos impact those of any age group.

How Much Is a Talcum Powder Claim Worth?

The value of a claim will depend entirely on the unique damages that an individual has suffered. When you file a talcum powder claim, your settlement could recover any damages, including medical bills, lost income, and lost earning capacity. Your attorney can review your situation to help you determine what losses you have suffered due to an illness. They can then calculate the maximum damages that you could obtain.

A product liability claim can recover economic and noneconomic damages. These damages include:

• Medical Costs: Any past, current, or expected medical bills directly related to your developmental illness, such as cancer, could be recoverable in a claim. This includes the costs of treatment, surgeries, medication, hospital stays, medical devices, mobility aids, and physical therapy. If you require long-term and/or at-home care, these damages are also compensable. An attorney can review your illness to determine what reasonable complications could be expected and include that amount in the damages that you are owed.
• Lost Income: A medical condition could cause you to take time off work to recover or receive treatment. A legal claim could fully recover these lost wages, along with any benefits that you would have received during that time.
• Lost Future Earnings: If an illness permanently disables you or otherwise impacts your ability to do your job, work in the same field, or perform gainful employment, the income that you would have received in the future is compensable.
• Noneconomic Damages: These include damages that do not have a set value but are still considerable losses to you and your family. Physical pain, emotional suffering, mental anguish, loss of enjoyment of life, loss of quality of life, and loss of consortium by your spouse can all be compensable damages.

If you lost a loved one because of an illness caused by talc in cosmetics, you could file a wrongful death claim. This claim can recover damages such as:

• Any loss of income and financial contributions
• Funeral and burial costs
• Medical costs from before your loved one’s passing
• The value of their assistance to the family
• Loss of companionship or loss of consortium

How Long Do You Have to File a Claim for Asbestos-Contaminated Talc Cosmetics?

In North Carolina, the statute of limitations for personal injury and product liability claims is three years from the date of injury. The statute of limitations is the legal deadline you must file a claim by for it to be valid.

However, there are several complicated elements in asbestos talcum powder claims. The developmental diseases from asbestos exposure may not surface for many years, sometimes as long as 60 years. The 3-year countdown may also begin from the date you knew or should have known that you suffered an injury and that it was caused by a defective or dangerous product.

In many cases, unfortunately, you cannot file a product liability claim more than 12 years from the date it was first purchased by anyone if that date was after October 2009. The sooner you talk through your situation with an attorney, the better chance your claim may have. An attorney can help you determine if you have a viable claim and how the state’s statute of limitations applies to you.

Experienced North Carolina Legal Counsel

At Wallace & Graham, P.A., our goal is to fight diligently for the compensation and justice you deserve. If you believe that a developmental illness was caused by asbestos exposure, contact our team today.