A woman who developed mesothelioma after decades of using talc-based cosmetic powders is suing the powder manufacturers and their suppliers of talc.
Plaintiff Monique H. says she was exposed to asbestos by using Coty Airspun Face Powder daily from the 1960s through the 1990s. Monique also alleges asbestos exposure from other powders she used while she owned and operated a beauty shop in France in the mid-1970s. Monique alleges these talcum powders contained asbestos, and that her exposure to the asbestos caused her to develop malignant mesothelioma.
Talcum Powder Lawsuit
After being diagnosed with mesothelioma in April 2015, Monique filed this asbestos mesothelioma lawsuit alleging claims for negligence, strict products liability, breach of warranty, fraudulent conduct, malice, and gross negligence. Monique’s husband Jean Philipp is also bringing his own claim for loss of consortium, a type of claim that the spouse of an injured person may bring based on the injury’s effect on the marital relationship.
The two plaintiffs are suing a large number of companies that they allege were involved in the manufacturing and sale of asbestos-containing powders. These include the cosmetics manufacturers that made and sold talcum powder, such as Pfizer Inc. and Colgate-Palmolive Inc., and also the companies that supplied those manufacturers with talc, such as Union Carbide Corp.
Some of the defendants are currently-existing companies that are the successors in interest to the older companies that were involved in the manufacture of the powders Monique used – such as Brenntag North America Inc., the successor in interest to Whittaker Clark & Daniels Inc.
The plaintiffs allege these defendants allowed asbestos to remain in their products even though it was foreseeable that persons like Monique would ingest asbestos through the intended use of those products. They claim these companies failed to use adequate substitute ingredients that were not tainted with asbestos. They also accuse the defendants of failing to properly warn about the hazards associated with these asbestos-tainted ingredients, failing to provide instructions for safe handling of the ingredients, and failing to properly test their products to determine the associated hazards.
As compensation, the couple is seeking damages to cover past and future medical expenses, lost income, and lost earning potential. They are also asking the court for an award of punitive damages.
Talc, Asbestos, and Mesothelioma
According to the American Cancer Society, some talc in its natural form contains asbestos. It is generally accepted that talc tainted with asbestos may cause cancer if inhaled.
Mesothelioma is a cancer of the pleura, the double-layered membrane that separates the lungs from the inside of the chest wall. The only known cause of mesothelioma in the U.S. is exposure to asbestos. Mesothelioma typically does not develop until about thirty years after exposure. It is always fatal, most often within nine to twelve months after diagnosis.
Monique and Jean Philipp’s Asbestos Mesothelioma Lawsuit Case no. 5:15-CV-01298, in the U.S. District Court for the Central District of California.
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