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Lack of Drug Regulation

Posted on September 20, 2016

The laws regulating cosmetics in the United States are the Federal Food, Drug and Cosmetic Act, as well as the Fair Packaging and Labeling Act, and have been reactive versus proactive as compared to other countries policies. While the FDA states that they “consistently advise manufacturers to use whatever testing is necessary to ensure the safety of their products and ingredients” the link between talcum powder and ovarian cancer once again makes many Americans question what incentive companies have to take additional testing measures. 

In other similar cases, there is a connection between harmful and life-threatening diseases and the lack of attention that manufacturers use. The avoidance of testing, as well as the medical expectations that have been barely met, are now playing huge roles into the risks associated with some cosmetics and hygiene products. The fight for human safety is a challenge that must be met and providers must be held responsible for personal injury and product liability.

A Serious Example of Drug Liability

In February of 2016, pharmaceutical company Johnson & Johnson has handed down two separate damage awards of $55 million and $72 million for their baby powder being linked to increased risk for ovarian cancer in women. Specifically, the company was found liable for negligence, conspiracy, and failure to warn women of the potential risk involved in using the baby powder.

Talc, one of the main ingredients in the famous baby powder, has been studied for years for its potential carcinogenic risks. British researchers first started studying the potential link between talcum powder and ovarian tumors over 45 years ago, and research has since continued to support the findings of their studies. Where much of the controversy stems is regarding responsibility in Johnson & Johnson’s failure to warn is why their talcum supplier placed a warning on their talcum powder, however, Johnson & Johnson only cautioned about inhaling the product, not about any of the other potential risks. Since research has shown this potential link, another 20 plus studies have shown the increase in risk of cancer by over one third chance.

The link between talcum powder and cancer has quickly reminded many consumers of the lack of regulation of chemicals in cosmetics. Talcum powder is used in countless products for cosmetics and personal hygiene. Cosmetics are regulated by the United States Food and Drug Administration, but do not require FDA approval for release, and consequently, only roughly 10% of cosmetics chemicals are tested for safety prior to being brought to market. The FDA does require approval prior to release for color additives in cosmetic products, thus the only element safely approved in your blush is the rosey color.

Contact us for your Medical Malpractice and Personal Injury Cases

If you or someone you know has suffered injury due to a defective product or suspects negligent involvement in their liability case, please do not hesitate to reach out to the experienced and knowledgeable team of attorneys at the office of Charles Bryan Alred, PC to discuss your case. Contact our office using our website or call us at 918-745-9960 for a free initial consultation with one of our skilled legal professionals.