California’s Prop 65 Could Be Next Talc-Asbestos Battleground For Cosmetics
Lab testing expert Sean Fitzgerald says levels of asbestos he has detected in talc-containing cosmetics likely would expose consumers to the well-known carcinogen at levels above California’s Prop 65 safe harbor. There are questions as to Prop 65’s applicability as currently written, but there is definite interest among California attorneys and trial lawyers, he says.
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Cosmetic ingredient and raw material suppliers would be required to share toxicity and safety data with brand owners, along with certificates of analysis and contaminant testing reports, under the Cosmetic Supply Chain Transparency Act of 2021. The bill is part of a proposed Safer Beauty package introduced in the US House on 29 July by Jan Schakowsky, D-IL, and colleagues.
Fitzgerald has parted ways with Greensboro, NC-based Scientific Analytical Institute, but his investigations continue into asbestos contamination risks, including in talc-containing cosmetics, at his own lab and consultancy in Durham, NC, Fitzgerald Analytical Consulting & Testing Services, PLLC.
The Supreme Court said on 1 June that it would not review a $2bn verdict in Missouri for 22 women who alleged links between ovarian cancer and asbestos-tainted talc in Johnson’s Baby Powder. J&J believes the US' top court passed on an "extraordinary opportunity" that "leaves unresolved significant legal questions that state and federal courts will continue to face."