Law360 quoted Haynes and Boone, LLP Partner Suzie Trigg in an article about the Food and Drug Administration’s (FDA’s) limited authority over cosmetics regulation following a retailer’s refusal to recall makeup contaminated with asbestos.
Here is an excerpt:
The FDA called attention to its inability to order a company to recall a cosmetic product when it announced that its testing confirmed the presence of asbestos in makeup sold by Claire's and Justice, which market primarily to teen girls. Although legislative efforts to update the FDA's authority over cosmetics have stalled, the agency is indirectly appealing to Congress to take another stab at the issue, attorneys say.
A number of recent trials have centered on claims of asbestos in talc. Johnson & Johnson, the main defendant in those suits, recently revealed it's received subpoenas from the Securities Exchange Commission and the U.S. Department of Justice related to allegations that some of its baby powder products were contaminated with asbestos.
Haynes and Boone, LLP Partner Suzie Trigg, co-chair of the firm's health care and life sciences practice group, said companies should take a hard look at their supply chain and consider what types of testing to require of raw materials suppliers.
"There needs to be a consensus on testing standards for that ingredient; in particular, how do you do detect asbestos or other contaminants," she said. "How do you ensure that the talc is safe for use in cosmetics?"
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