Parker Waichman LLP

07/08/2019 | News release | Distributed by Public on 07/08/2019 10:29

Claire’s Makeup Asbestos Contamination Lawsuit Lawyers


Are You Entitled to Compensation for an Asbestos-Related Illness Following Use of Claire's Cosmetic Products?


Asbestos related illness from Claire's cosmetics

Certain cosmetic products sold by Claire's, a popular store present in many malls across the country, have been contaminated with asbestos, a substance known to cause certain diseases. The United States Food and Drug Administration (FDA) initially released a safety notification in March of 2019, warning consumers not to purchase or use certain Claire's cosmetic products. The FDA recently updated its safety notification to include additional Claire's cosmetic products. All products known to be contaminated with asbestos have been recalled.

Depending on the unique facts of your situation, you may be entitled to compensation if you have been diagnosed with certain diseases linked to asbestos exposure after using Claire's cosmetic products. Because the FDA's updated safety notification regarding Claire's products is recent, many consumers are not yet aware that the products they have used so frequently could be making them sick. Before determining whether you may be entitled to compensation, you first will need to seek the guidance of a qualified Personal Injury and Consumer Product Liability Lawyer.

Why Choose Parker Waichman LLP to Handle Your Potential Legal Claim?

Parker Waichman LLP is a full-service personal injury law firm that has substantial experience handling a variety of legal matters that include, among others, general personal injury, consumer product liability, pharmaceutical product liability, nursing home abuse and neglect, medical malpractice, auto accidents, slip and fall accidents, construction accidents, and workplace accidents.

Consumer product liability is a specialized area of law that does not always involve injuries. However, when consumer products are linked to injuries or illnesses, affected individuals may wish to pursue legal action to recover compensation for what they have been through. At Parker Waichman LLP, our team of nationally-recognized trial lawyers handle consumer product liability cases regularly and are currently reviewing potential Claire's Cosmetic Products Asbestos Contamination Claims.

While there are many reputable law firms, it is often difficult to find a firm that has the necessary resources, manpower, and experience with complex litigations. Parker Waichman LLP possesses the quality, customer service, and dedication that all clients deserve when working with a law firm.

Parker Waichman LLP - Obtaining More than $2 Billion in Compensation for Clients

The Personal Injury Product Liability Lawyers of Parker Waichman LLP have a reputation for helping injured clients recover the compensation they deserve. While successful case results are not guaranteed with any lawsuit, Parker Waichman LLP has obtained more than $2 billion in compensation collectively for clients through favorable verdicts at trial, mediation, settlement discussions, and arbitration. The legal team at Parker Waichman LLP has developed a national reputation for providing superior legal representation to clients from all across the United States, earning them the following peer-reviewed ratings:

  • 9.8/10 Rating by AVVO (Rating Every Attorney in the U.S.);
  • 'Preeminent Lawyers' AV Peer Review Rating (Martindale-Hubbell®);
  • Highest Ranking of '5 Dragons' Based on Peer Review by Lawdragon; and
  • Listing in Best Lawyers Publication Determined by Extensive Peer Review.

U.S. Food and Drug Administration (FDA) Issues Safety Notification Concerning Claire's Cosmetics Recall

On March 5, 2019, the FDA released a safety notification communicating a recall of certain Claire's cosmetic products that may have been contaminated with asbestos fibers. Following reports of asbestos contamination, the FDA tested some samples, finding that asbestos fibers were present in some products. At the direction of the FDA, the testing was conducted by the Occupational Safety and Health Administration (OSHA) and AMA Analytical Services, Inc.

Asbestos is a substance very similar to talc, which is used to manufacture many cosmetic products, such as makeup. Both talc and asbestos are often found near each other during the mining process. If talc is not adequately cleaned and separated from asbestos, the asbestos fibers may find their way into talc-containing products.

On June 6, 2019, the FDA updated its safety notification regarding Claire's cosmetic products to include additional products found to be contaminated with asbestos fibers following testing by the FDA. These additional products are subject to a recall, and all customers are advised to stop using the products immediately. According to Claire's, all cosmetic products on the recall lists from March 5, 2019, and June 6, 2019, have been removed from circulation and are no longer available to customers.

Claire's Cosmetic Products Currently Subject to Recall for Asbestos Contamination

The specific Claire's cosmetic products identified in the FDA's March 5, 2019 safety notification include the following:

  • Claire's Eye Shadows - Batch/Lot No. 08/17
  • Claire's Compact Powder - Batch/Lot No. 07/15
  • Claire's Contour Palette - Batch/Lot No. 04/17

The specific Claire's cosmetic products identified in the FDA's June 6, 2019 updated safety notification include the following:

  • Beauty Plus Contour Effects Palette 2, Batch No. S1603002/PD-C1179
  • Claire's JoJo Siwa Makeup Set, SKU No. 888711136337, Batch/Lot No. S180109

The Health Consequences of Exposure to Asbestos

What is Asbestos?

Asbestos refers to a group of six separate naturally occurring fibrous minerals. The fibers are needle-like, and asbestos is known to be in close proximity to talc, another naturally occurring substance that is used in many products. Asbestos was once a very popular mineral that had many construction-related uses, such as fireproofing. While asbestos has been banned in many countries, the substance has not been banned in the United States. However, stronger regulations exist today to protect human health. For example, new homes cannot be built using asbestos-containing products.

During the mining process, asbestos is typically found near talc, which is a substance used in a variety of consumer products, including, among others, makeup and baby powder. While talc has its own potential health consequences, the negative health consequences of exposure to asbestos are widely accepted. When mining for talc, it is essential to clean the material to ensure the presence of any asbestos fibers is eliminated. Without a careful mining process, asbestos fibers can find their way into talc-containing products.

Asbestos-Related Diseases & Illnesses

Numerous individuals exposed to asbestos have developed diseases, many of which are potentially fatal. As such, the asbestos industry has had to adjust to ensure people are not exposed to unsafe levels of the minerals. If workers are exposed to asbestos, they now must wear protective gear to reduce the chances of inhaling the asbestos fibers. Because asbestos fibers are so tiny, they are not visible to the naked eye. The fibers can easily enter a person's mouth or nose, and penetrate the lungs, staying there indefinitely

While mild or limited exposure may not create a serious risk of harm, repeated exposure can certainly increase a person's chances of developing an asbestos-related disease. The two well-known and common diseases associated with asbestos exposure are mesothelioma, a form of cancer, and asbestosis. Mesothelioma is a rare cancer that typically only develops when a person has been exposed to asbestos. Asbestos exposure can lead to inflammation and damage to the body's cells. Asbestosis is a chronic lung disease that causes inflammation, shortness of breath, and scarring of lung tissue.

Asbestos-related diseases do not develop overnight. A person may not develop asbestosis or mesothelioma for many years or decades following exposure. Additionally, while individuals who had a substantial amount of exposure to asbestos may be more likely to develop asbestosis or mesothelioma, any amount of exposure may be sufficient to result in negative health consequences.

The cost of developing asbestosis or mesothelioma goes far beyond pain and suffering (both physically and emotionally). The financial cost of handling tens of thousands (if not hundreds of thousands or more) in medical expenses as well as incurring the burden of lost income, can be unbearable for any person. As such, individuals who have developed asbestosis or mesothelioma after being exposed to asbestos may seek to recover compensation in the form of damages - i.e., a monetary value placed on how much a person has been harmed.

Frequently Asked Questions (FAQs) About Claire's Cosmetic Products Lawsuits and Settlements

How Do I Prove My Asbestos-Related Illness Was Caused by Exposure to Certain Claire's Cosmetic Products?

Proving causation in any personal injury or product liability lawsuit can be challenging. With certain Claire's cosmetic products subject to recall, a person must prove that his or her development of an asbestos-related disease was caused by exposure to Claire's cosmetic products that have been contaminated with asbestos. If a person has never been exposed to asbestos in the past, and the only exposure is the use of Claire's cosmetic products, it may be easier to prove the link between the products and the asbestos-related disease.

However, if a person has been exposed to asbestos in another form (such as in the construction industry) and later used Claire's products contaminated with asbestos, it may be more difficult to link the asbestos-related disease specifically to the Claire's products, and not another asbestos-containing material. At Parker Waichman LLP, our qualified lawyers will thoroughly evaluate all potential claims to determine whether a causal link exists, and therefore, whether a client has a potential legal claim for which he or she can recover compensation.

What Steps Do I Need to Take to File a Lawsuit Against Claire's?

Filing a lawsuit requires the assistance of a highly skilled lawyer. While some injured individuals seek to file lawsuits on their own (also known as 'pro se'), doing so can be risky. Specific rules and guidelines must be followed when filing a lawsuit. Without the help of a lawyer, injured individuals may jeopardize their legal rights by failing to file a lawsuit on time, failing to follow the required format for filing a lawsuit, and failing to pay a required filing fee, among other possibilities. The first step to filing a lawsuit against Claire's is to work with a lawyer to discuss a plan of action.

What Amount of Compensation am I Entitled to if My Illness Was Caused by Asbestos Contained in Certain Claire's Cosmetic Products?

The amount of compensation an injured or ill individual may be entitled to depends on the severity of the injury or illness and how much the injured or ill person has suffered. For example, if a person's condition is terminal, the person is relatively young, and the person is no longer able to work because of his or her condition, the amount of compensation may be greater than for someone whose condition is not nearly as bad. But, it is important to remember that some state laws limit the amount of compensation an injured or ill person can recover in a lawsuit. As such, it is difficult to predict the amount of compensation that may be recoverable in a lawsuit.

How Long Do I Have to Pursue Legal Action Against Claire's?

Typically, the time limitation for filing a personal injury or product liability lawsuit begins to run on the date a person is diagnosed with an injury or illness. However, in the case of Claire's cosmetic products, the time limitation period may begin to run when a person first uses the contaminated product. Determining when a person first used a Claire's product contaminated with asbestos can be tricky, especially if the person did not keep any receipts. Also, laws regarding time limitations on filing lawsuits differ from state to state, with some states allowing one year to file a lawsuit while others allow up to five or six years.

How Much Does it Cost to File a Lawsuit Against Claire's?

Lawsuits can be very expensive, especially when depositions are taken, experts are hired, and cases go to trial. In total, lawsuits can cost six figures or more. But, when dealing with lawsuits on a mass sale, such as may be the case with Claire's cosmetic products, claims are often resolved before they become very expensive. Additionally, potential clients should be aware that they will never have to pay a legal bill up front, and if their claim is not successful, they will not owe their lawyers a penny. Instead, if a client's claim is successful, all case expenses and attorneys' fees will be deducted from the amount of compensation awarded to a client, which is called a contingency-fee agreement. Whether the lawyers earn a fee and recover their cases expenses is contingent upon the success of the legal claim.

Contact Parker Waichman LLP Today for Your Free Case Review

If you have developed an illness or have been diagnosed with a disease after using Claire's cosmetic products that have been recalled due to asbestos contamination, it is essential to act quickly to discuss your situation with a qualified Personal Injury and Product Liability Lawyer. At Parker Waichman LLP, our legal team works diligently to provide every potential client with a thorough case review. With extensive experience handling product liability claims, Parker Waichman LLP has proven to be successful in helping clients receive the compensation they deserve. To schedule your free case review, contact our office today by calling 1-800-YOURLAWYER (1-800-968-7529).