In the U.S. alone, cosmetics is an $89.5 billion industry. Lurking behind its popularity is the danger of injuries — everything from immediate allergic reactions, such as rashes, to chronic and serious health problems, such as cancer or blindness. You may have heard of Claire’s being in the news for allegedly having cancer-causing asbestos in its makeup, though the popular girls’ store has denied claims of its products testing positive for asbestos.
If you are injured by a defective cosmetic, you may be able to recover damages with a product liability lawsuit. Most people think cosmetics are heavily regulated, but in fact, there is very little regulation, so you may need to rely on product liability or possibly a breach of contract action in order to recover compensation for your injuries.
If you live in Ohio and think you have been injured by a cosmetic product or any other product, make sure to reach out to Dyer, Garofalo, Mann & Schultz to discuss your rights.
A cosmetic defect is basically any problem with a beauty product that could hurt you. These issues can show up in all manner of ways, such as:
This occurs when harmful substances, such as bacteria, fungi, or toxic chemicals, are present in a cosmetic product. Using contaminated cosmetics can lead to infections, skin irritations, or more severe health issues.
Sometimes, foreign materials like metal shards, plastic pieces, or other debris can find their way into cosmetics. If applied to the skin or eyes, these materials can cause physical injury.
If you experience burning, stinging, redness, or swelling upon using a cosmetic product, this indicates a potential defect. These reactions can be due to an imbalance in formulation, wrong pH levels, or the presence of allergens.
There can be many signs of defective cosmetics. For example, an unusual odor could indicate spoilage or contamination. Often, a bad smell results from the breakdown of ingredients over time or due to contamination by microorganisms.
An unexpected change in the color of a cosmetic product can be a sign of chemical instability or contamination. Products that change color may not perform as intended and could potentially harm the user.
However, sometimes, there are no signs at all until you have an allergic reaction and require medical attention.
The Federal Food, Drug, and Cosmetic Act (FD&C) determines cosmetics as items intended to be applied to the human body for purposes such as cleansing, beautifying, promoting attractiveness, or altering appearance. Products in this category include:
Should you experience signs of an allergic reaction after using a cosmetic product, seek medical attention immediately. Early intervention can prevent the reaction from worsening and help identify the specific allergen responsible.
The FDA regulates cosmetics under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA). The FD&C Act defines cosmetics by their intended use, as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.”
This can include skin moisturizers, perfumes, shampoos, hair color, and deodorants as well as make-up products we normally think of as cosmetics such as lipstick, eye shadow, and fingernail polish. Soap is not considered a cosmetic, but rather falls under different regulations.
FDA regulations give very little protection to cosmetics users. To demonstrate this, there is only one page of standards that covers cosmetics compared to 112 that cover food and drugs. The FD&C Act has almost no power to ensure the safety of the products produced by the cosmetics industry.
For example, many will be surprised to learn that the FDA cannot require companies to safety-test their products before bringing them to market or require product recall without the expensive and time-consuming process of taking a company to court. With the exception of color additives, there is no requirement for FDA premarket approval.
“FDA’s legal authority over cosmetics is different from our authority over other products we regulate, such as drugs, biologics, and medical devices. Under the law, cosmetic products and ingredients do not need FDA premarket approval, with the exception of color additives.”
FDA.Gov
Companies are required to label the ingredients of their products, but they may hide any number of ingredients by listing them as “fragrances,” which could simply be various chemicals. The FDA does not have to approve the label before a product hits the market. This may result in misleading labeling, overpromises, and confusion about how the product should be used, all of which may or may not be the intent of the manufacturer.
Since the FDA does not adequately oversee cosmetics, the industry has a voluntary program called the Cosmetic Ingredient Review process. The program is overseen by the cosmetics industry itself, which should demonstrate how ineffective it is. Only about 20% of the ingredients in cosmetics have been reviewed, while nine of the chemicals reviewed have been determined to be unsafe.
The FDA warns you to stop using a product and contact them if you experience:
Products that cause injury over the long term, such as talc, a cancer-causing ingredient used in some products like baby powders, are much harder if not almost impossible for a consumer to detect. It’s wise for consumers to do their own research.
Consumers have the right to sue a manufacturer for an allergic reaction caused by a cosmetic product. Product liability laws hold manufacturers accountable for releasing defective products into the market. To have a valid claim, consumers must demonstrate that:
If these conditions are met, consumers may pursue compensation for their damages, including:
However, filing a lawsuit against cosmetic manufacturers can be challenging. These companies possess significant financial resources and the capability to robustly defend their stance. Therefore, it’s highly recommended that you obtain legal assistance to file a defective product lawsuit.
When you have been injured by the use of cosmetics, your attorney can pursue an action in breach of warranty or, more likely, product liability. Your lawyer could sue on the basis of breach of warranty if the manufacturer or seller made specific guarantees about the product or an implied warranty that the product was fit for normal use or a specific purpose.
A breach of warranty is often more difficult to prove than a product liability action where no specific or implied warranty is required. However, your attorney need not choose; they can file a lawsuit under color of both causes of action.
Product liability is generally the preferred cause of action when there is an injury caused by cosmetics. Ohio has a strict liability doctrine for mass-produced products such as cosmetics, which means if a party was involved in any part of the process of bringing the product to market, they can be sued.
The plaintiff can sue the manufacturer or the seller or both. The plaintiff need not show the manufacturer was negligent, and the plaintiff need not sue all parties. This is a boon to plaintiffs suing for injuries caused by a product manufactured in a foreign country, perhaps a French face cream because they need not negotiate suing a foreign manufacturer.
Ohio Rev. Code § 2307.71 lays out four theories for product liability claims:
In order to win a product liability suit, the plaintiff must prove:
A defendant might argue one or more of these defenses:
The plaintiff is a “sophisticated user” who has special expertise and should have understood the dangers of the product. The defendant could argue that a professional makeup artist should know that using rouge as eye makeup could cause irritation.
The product is unavoidably unsafe. For example, if you stick yourself in the eye with a mascara wand while driving (or really at any time), that is not the fault of the manufacturer unless perhaps the wand had an abnormally sharp end. However, if the wand comes loose from the handle while you are using it, which results in an eye injury, then the manufacturer or seller could be held responsible.
The accident was the plaintiff’s fault rather than the fault of a product defect. Even if a product defect exists, it has to be the cause of your damage in order for you to win your case. For example, if you stick yourself in the eye with a mascara wand, it’s probably irrelevant if the mascara itself has a defective formula.
When you sue for cosmetics product liability in Ohio, you may win compensatory damages such as medical expenses meant to restore you to your previous condition, and possibly damages for pain and suffering. In addition to compensatory damages, you may also be awarded punitive damages. However, if the court finds you were partially at fault for your injuries, your damages award will be reduced by the percentage you were at fault under Ohio’s comparative fault standard.
If a large number of people suffer the same type of injury after using a cosmetic, it may be possible to file a class action suit. The first step if you suffer such an injury is for your attorney to research whether or not such a suit already exists. If the case has already been settled, sometimes it is still possible to receive compensation from a settlement fund meant for those who were not part of the initial lawsuit.
Some allergic reactions to cosmetics can be avoided through informed choices and better practices. Here are some tips to help mitigate the risk of such reactions:
Always examine the ingredient list of cosmetic products. Look out for common allergens such as fragrances, preservatives (e.g., parabens, formaldehyde releasers), and certain chemicals (e.g., sulfates, phthalates).
Before fully using a new cosmetic product, perform a patch test. Gently apply a tiny amount of the product to a hidden patch of skin, either on the inside of your wrist or behind your ear. Then, wait for 24-48 hours to observe if there are any negative reactions.
Using expired cosmetics can increase the likelihood of adverse reactions. As products age, their chemical compositions can change, leading to potential irritation or allergic responses.
Choose products marked as hypoallergenic, as they are designed to significantly reduce the risk of allergic reactions. These products usually exclude common allergens and undergo testing to ensure they’re less likely to irritate your skin.
If you sit on your rights, you will lose them. If you have a personal injury caused by a defective product, in Ohio you must bring your case within two years of your discovery that your injury was caused by the product.
Cosmetics companies and sellers must use a reasonable standard of care in manufacturing and distributing products. If you feel you have been injured by using a cosmetic or other product in Ohio, don’t hesitate to contact the experienced attorneys of Dyer, Garofalo, Mann & Schultz to discuss your options.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
Keep up to Date with Our Newest Firm Updates
The impact of any type of accident can potentially be catastrophic. However, some are particularly dangerous and can lead to costly medical treatments and lifetime adjustments. Accidents involving high speeds […]
Riding in the back of a truck might seem like fun, especially for young kids. It might also be convenient if you have one truck and several passengers. However, this […]
If you’re receiving disability benefits, understanding the rules around work hours can be confusing. The amount you can work while still maintaining your benefits largely depends on the disability benefits […]
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
