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Claire’s Cosmetic Products Asbestos Content Class Action

Claire’s stores are familiar to many as brightly-colored, product-stuffed mall stores designed to appeal to young women, teens, tweens, and even kids. The complaint for this class action outlines a very adult problem, however, alleging that some of Claire’s cosmetics have been found to contain asbestos. 

The class for this action is all consumers in the fifty states who bought the products at issue during the statutes of limitation. There are also Florida and New York state subclasses.

Asbestos is a mineral that is found near talc mines which is harmful to human beings. Care must be taken in mining and processing the talc to ensure that it is not contaminated with asbestos.

The complaint quotes several sources who presumably know about asbestos: The Food and Drug Administration says that asbestos “is a known carcinogen and its health risks are well-documented.” Wikipedia says, “All types of asbestos fibers are known to cause serious health hazards in humans.” The Asbestos Network has decided that there is no “safe amount” of asbestos exposure for human beings because “all asbestos exposures should be deemed as potentially harmful.”

Exposure to asbestos can cause debilitating or even fatal diseases, such as mesothelioma and asbestosis. The complaint points out that cosmetics containing asbestos are particularly dangerous because their normal uses can cause them to be inhaled, absorbed, or otherwise ingested.

According to the complaint, “Recent testing by the Occupational Safety and Health Administration (OSHA) … and AMA Analytical Services, Inc.[] has revealed that from at least 2016 to 2019, the Products sold to plaintiffs and consumers contained asbestos.”

Claire’s was called out about the asbestos some time ago. While the company issued a recall order, the recall covered only one stock keeping unit (SKU) and single lots of eye shadows, powders, and contouring products. The complaint claims that this is not enough. “Defendant’s voluntary recall is fraught with complexity and hurdles and fails to compensate plaintiffs and class members for their damages and necessity of future diagnostic screening.” That is, those who bought and used the cosmetics will have to have medical screenings to alert them to any negative effects of the asbestos.

The complaint brings suit under New York’s General Business Law, Florida’s Deceptive and Unfair Trade Practices Act, and the consumer protection laws of other states and US territories. It also alleges negligence and negligent misrepresentation, breaches of warranties, fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Claire’s Cosmetic Products Asbestos Content Complaint

March 13, 2019

Claire’s stores are familiar to many as brightly-colored, product-stuffed mall stores designed to appeal to young women, teens, tweens, and even kids. The complaint for this class action outlines a very adult problem, however, alleging that some of Claire’s cosmetics have been found to contain asbestos. 

claires_stores_asbestos_in_products_compl.pdf

Case Event History

Claire’s Cosmetic Products Asbestos Content Complaint

March 13, 2019

Claire’s stores are familiar to many as brightly-colored, product-stuffed mall stores designed to appeal to young women, teens, tweens, and even kids. The complaint for this class action outlines a very adult problem, however, alleging that some of Claire’s cosmetics have been found to contain asbestos. 

claires_stores_asbestos_in_products_compl.pdf
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Fraud, Negligence