Child-injury Lawyer Jeffrey Killino Helps Families of Babies Injured by Infant-care Products May 8, 2014
Authoritative studies reveal that the powder routinely used on babies causes cancer when used by adults. Johnson & Johnson’s (J&J’s) Baby Powder has been shown to be a cause of ovarian cancer in women who use the powder for perineal hygiene—the very same purpose for which the powder is used on infants. The connection between talcum-powder use and ovarian cancer has been documented by numerous studies. Talc particles travel through the reproductive system and may remain in the ovaries for many years before a cancer develops. Though no cases of ovarian cancer linked to talc use have yet been diagnosed in a child, the possibility that such cancers may be reported in the future cannot be ignored. Visit Us on facebook.com/childinjurylawyer
Regulation of Personal-care Products The Food and Drug Administration (FDA) regulates cosmetics, including personal-care products such as baby powder, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and the Fair Packaging and Labeling Act, 15 U.S.C. § 1451 et seq. Though manufacturers do not need FDA approval before putting a cosmetic on the market, the manufacturer may be in violation of the FD&C Act if a product is found to be harmful under its customary use and in violation of the FPLA if the product’s labeling is inadequate.
Legal Claims for Injuries from Defective Cosmetics If a defective cosmetic causes harm to someone who uses it, that person may bring an action for damages resulting from that harm against the manufacturer and anyone in the chain of distribution.
Manufacturing and Design Defects
Product-liability actions may be brought for injuries due to products that are defective either in manufacturing or design. A product with a contaminated ingredient may be found to have a manufacturing defect, while a product that is unreasonably dangerous under its intended or foreseeable use may be considered to be defective in design.
Failure to Warn
A failure-to-warn claim is another form of product-liability action, which alleges a product was made unsafe by the manufacturer’s failure to provide sufficient warnings of its dangers. The manufacturer has a duty to warn when it knows or reasonably should have known of a product’s defect.