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Decades of Self-Regulation in the Talc-Based Consumer Product Industry Leads to More Intensive Testing by the FDA

December 17, 2019 in

After decades of lax regulation of talc-based products and cosmetics, the FDA has decided to improve testing to eliminate the risk of cancerous carcinogens in consumer goods. This issue, outlined in a recent Reuters report, brings into question the validity of self-regulation in the consumer product industry, especially with the looming risk of cancer. Here, the consumer product liability attorneys at Sullivan Papain Block McGrath and Cannavo P.C. explain how decades of self-regulation of cosmetic and talc-based products has led to increased testing by the FDA as asbestos threats arise.

 

The FDA Had Limited Power in Cosmetic Product Regulation

Until recently, the FDA has rarely ordered its own tests regarding asbestos in consumer products such as talc-based powders and cosmetics.  In response to a recent Reuters report, the FDA explained that it has limited power in regulating the U.S. cosmetic industry. Thus, for decades, any risks related to asbestos contamination of these products was left to industry to discover and report to the public.  Regulation of talc-based products has finally been contemplated after tests found asbestos in more than 10 talc-based consumer goods and a criminal investigation into Johnson & Johnson was initiated.

 

Illinois congressman, Raja Krishnamoorthi, recognized that “when something as serious as cancer or carcinogens are at issue, self-regulation doesn’t make a lot of sense.”

 

The FDA Has Confirmed That There is No Safe Level of Asbestos in Consumer Goods

While the World Health Organization has taken the position for years, the FDA recently acknowledged that there is no known safe level of asbestos.  It went as far as to state that products with any detectable levels of asbestos should be recalled. 

 

The recent Reuters report declared that Johnson & Johnson knew its products tested positive for traces of asbestos beginning in the 1970’s, but did not notify the FDA or inform the public.  However, under heightened scrutiny and awareness resulting from recent civil jury verdicts and a criminal investigation, Johnson & Johnson recently recalled 33,000 bottles of it’s Baby Powder after asbestos was detected by FDA testing.

 

Consult the New York Product Liability Attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo, P.C.

Even though concerns over the safety and purity of talc-based consumer goods existed for decades, Johnson & Johnson failed to properly report the existence of asbestos in its products.  If you were diagnised with mesothelioma or ovarian cancer after using Baby Powder, consult the New York product liability attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo, P.C.