The Food and Drug Administration said that it found asbestos in cosmetics products sold by Claire's and Justice. They specifically found asbestos in three tested products from Claire's and one from Justice.
Scott Gottlieb is the FDA Commissioner and said that initially, Claire's refused to recall those three products at the request of the agency. Claire's said there was no evidence that their products were unsafe, but did stop selling the products that were being questioned.
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Claire's said that to be abundantly cautious, they removed the three products from their stores, and also removed any talc-based products they still may have in the store, and will honor returns of any Claire's talc-based cosmetics. Still, Claire's said the results of the FDA's testing were significantly erroneous, and accused the FDA of mischaracterizing fibers in the products as asbestos, based on the EPA and USP criterion for classifying asbestos.
Claire's is under Chapter 11 bankruptcy protection they filed last year. As such, they are able to avoid liability, but that doesn't mean that they won't still work with regulatory agencies and honor recalls. It does mean, however, that there is no civil litigation that can take place, and customers can't sue the company because of the asbestos in the products. Because Claire's is in bankruptcy, a bankruptcy judge will decide how Claire's continues to proceed.
The FDA cannot recall cosmetics as it does food and drugs because it is up to manufacturers to test their products.
The asbestos-positive product from Justice, as well as any other suspect products that the FDA noted, were recalled by the retailer in 2017.
Because the FDA cannot recall the Claire's products, they caution consumers to not use the following:
Claire's Eye Shadows batch No./lot No. 08/17; Claire's Compact Powder batch No./lot No.: 07/15; Claire's Contour Palette batch No./lot No. 04/17.
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All suspect Justice products, including one that tested positive for asbestos, were recalled in 2017.
All this just goes to show how extremely important it is to read the labels of every.single.thing that goes in or on our bodies, particularly our children's bodies, and to avoid any products that won't be transparent with their ingredients.
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