Claire’s Class Action Lawsuit Says Makeup Contains Asbestos

Recent reports that Claire’s makeup contains asbestos has prompted a class action lawsuit against the retailer.

Claire’s touts itself as one of the “world’s leading specialty retailers of fashionable jewelry and accessories for young women, teens, tweens and kids.”

The retailer sells a variety of makeup products including eye shadows, compact powders, and contour palettes.

The U.S. Food and Drug Administration (FDA) recently revealed that testing of Claire’s makeup showed that asbestos was present in the products.

Testing was conducted by the Occupational Safety and Health Administration (OSHA) and AMA Analytical Services Inc., revealing that from at least 2016 to 2019 Claire’s sold asbestos containing makeup to their consumers.

Although asbestos is a naturally occurring mineral, multiple health and scientific bodies have confirmed that asbestos is a known carcinogen. The material is often linked to lung cancer and mesothelioma, but recent legal proceedings have argued that asbestos may also play a role in the development of ovarian cancer.

Plaintiffs in a recent class action lawsuit against Claire’s argue that the company harmed their consumers by exposing them to the dangerous material.

“Plaintiff and other members of Class have been improperly exposed to a known hazardous substance, have been sold a product not fit for its intended purpose, and would not have purchased the Products had they known all of the facts,” the Claire’s makeup class action lawsuit claims.

“Due to such presence of and exposure to asbestos, plaintiffs and class members are at an increased risk of asbestos-related harm and will require advanced diagnostic screening, at significant cost and expenditure.”

Plaintiffs Leslie Bowman and Angela Cosgrove seek to represent a Class of consumers who purchased asbestos containing Claire’s makeup.

The Claire’s makeup class action lawsuit states that the inclusion of asbestos in cosmetics is particularly dangerous because it’s being applied directly to the body and could be absorbed, ingested or inhaled during the application process.

“Nowhere on the Products did defendant disclose the possible presence of asbestos,” the Claire’s makeup class action states. “The ingredient list in the Products did not include asbestos.”

Although testing revealed the presence of asbestos in Claire’s makeup, the FDA recently called attention to the fact that it cannot order a recall of the products due to its lack of authority over cosmetics. Previous efforts to increase the agency’s authority have been stalled, but the FDA is reportedly appealing directly to Congress in an attempt to expand their scope.

On March 12, Claire’s issued a voluntary recall of three products:

• Claire’s Eyeshadows, UPC #888711847165, SKU #84716, Lot No. 08/17
• Claire’s Compact Powder, UPC #888711839153, SKU #83915, Lot No. 07/15
• Claire’s Contour Palette, UPC #888711401947, SKU #40194, Lot No. 04/17

However, the Claire’s class action lawsuit states the recent recall isn’t enough to compensate consumers.

“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,” the Claire’s makeup class action lawsuit states.

The Claire’s makeup asbestos class action lawsuit seeks monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The Claire’s Makeup Asbestos Class Action Lawsuit is Bowman, et al. v. Claire’s Stores Inc., Case No. 1:19-cv-01459, in the U.S. District Court for the Eastern District of New York.