“Toxic Tub” Spill Contained Overseas In Time For Class-Action Suit At Home
This article was originally published in The Rose Sheet
Executive Summary
American personal-care marketers Johnson & Johnson, Procter & Gamble, Kimberly Clark and Limited Brands are among firms named in a class-action lawsuit stemming from a Campaign for Safe Cosmetics' study that caused some children's bath products to be pulled from shelves in China
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American personal-care marketers Johnson & Johnson, Procter & Gamble, Kimberly Clark and Limited Brands are among firms named in a class-action lawsuit stemming from a Campaign for Safe Cosmetics' study that caused some children's bath products to be pulled from shelves in China. According to the group's March 12 "Toxic Tub" report, 67 percent of the kids' bath products it tested were found to contain traces of 1,4-dioxane, and 82 percent to contain some level of formaldehyde. Both substances are considered possible carcinogens by the Environmental Protection Agency. "Parents are frightened by these findings, and rightly so," states Steve Berman, a managing partner of Seattle, Wash.-based Hagens Berman Sobol Shapiro who is representing plaintiffs in a class-action suit filed March 19 in U.S. District Court in Chicago. "I can't imagine any parent covering their infant with a baby lotion that lists 'formaldehyde' on the label along with 'natural fragrance,'" Berman says. The Personal Care Products Council - which called the "Toxic Tub" report a "shameful and cynical attempt ... to incite and prey upon parental worries" - maintains that the substances at issue are safe in trace levels such as those found by the Campaign. "What the industry doesn't recognize," according to Berman, "is that parents may use any number of these products with their kids, and we are concerned that the cumulative effect of the toxins could pose a health risk." As for industry's argument that 1,4-dioxane and formaldehyde are byproducts of the manufacturing process, not deliberately added ingredients, Berman holds that manufacturers should alert consumers to that fact so they can make an informed decision. Expanscience Laboratories/Mustela and Gerber Products are also defendants that allegedly "breached implied warranties of merchantability and fitness; acted in violation of product liability laws; were negligent in design, manufacture and marketing of products; and violated various unfair and deceptive trade practice acts." "Toxic Tub" caused a stir in Congress among Democrats including senators Diane Feinstein, D-Calif., and Kirsten Gillibrand, D-N.Y., both of whom are exploring legislation (1 (Also see "More “Toxic Tub” Fallout: Senator Gillibrand Decries “Total Lack Of Oversight”" - HBW Insight, 23 Mar, 2009.), p. 3). Chinese Government, Retailers Spooked Governments overseas got wind of the report, China and Vietnam launching investigations into the safety of imported baby bath products and some retailers suspending sales of the items in question (2 'The Rose Sheet' March 23, 2009, In Brief). According to China's Xinhua news agency, the country's General Administration of Quality Supervision, Inspection and Quarantine has since cleared J&J's bath products, finding them compliant with China's standards for cosmetic formaldehyde. One batch the quality watchdog tested contained traces of 1,4-dioxane, which is permissible under Chinese regulations that discriminate between cosmetic additives and manufacturing byproducts. AQSIQ said it will work with other government departments and consult experts to better understand the health effects of 1,4-dioxane. Despite the assurances of AQSIQ, the China Consumers' Association reportedly is urging the public to stop buying children's bath products made by J&J until "official test results" are released. The Wall Street Journal reported March 23 that Shanghai-based grocery chain Nonggongshan Supermarkets Corp. has resumed sales of J&J baby products, which it yanked from the shelves of its 3,500 stores before Chinese health authorities declared the products safe. J&J's statement in response to the "Toxic Tub" report stressed that "trace levels of certain compounds found by the Campaign for Safe Cosmetics can result from processes that make our products gentle for babies and safe from bacteria growth." In a March 22 press conference in Beijing, general manager of J&J's China operations Wang Meiying compared the amount of 1,4-dioxane identified in the company's products to "three drops of water in a whole swimming pool" and noted that the substance "is widely seen in our daily goods, such as tomatoes, fresh shrimp and coffee." - Ryan Nelson ([email protected]) |