Month: April 2018

Possible asbestos in Claire’s makeup serves as a reminder of “lenient” oversight in the cosmetic industry

Claire’s dismisses claims of alleged asbestos-contaminated makeup after a Rhode Island mother reports finding asbestos in her child’s makeup. Becoming concerned about the ingredients in the makeup, Kristi Warner sent in samples to an independent lab for testing in North Carolina. The results showed that the glitter makeup kit contained tremolite asbestos. In a follow-up, 17 more Claire’s products from nine different states were sent in for further testing. All of the products tested positive for tremolite asbestos.

In an initial response to the investigation, Claire’s removed the items from store shelves. Upon conducting their own testing, Claire’s claims that “the products in question are asbestos free.”

What is Asbestos?

Tremolite asbestos has been associated with the development of mesothelioma, a malignant form of cancer that lines the chest, abdominal cavity, or heart. While the makeup in question was used by a child, the average age of a mesothelioma patient is between 50 and 70 years old as the latency period for the disease is up to 30 or 40 years.

The U.S. government does not require cosmetic products and ingredients to have FDA approval via any sort of clearance process prior to them going to market and it does not require that labeling of asbestos content in cosmetic component ingredients be made public.

Talc, a common ingredient in cosmetic products, baby powder, and many other products, has repeatedly been found to be contaminated with asbestos. Individuals who have used asbestos-contaminated products and later developed mesothelioma have brought suit against manufacturers that utilize talc in their products, such as Johnson & Johnson.

What are Cosmetics and How are They Monitored?

The Federal Food, Drug, and Cosmetic Act (FD&C Act) defines cosmetics 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 appearance.” While cosmetics are not FDA-approved, they are regulated. Under the law, cosmetics must not be “adulterated” or “misbranded.” In other words, cosmetics must be safe for consumers when used according to directions on the label, or in the customary or expected way, and they must be properly labeled. Companies and individuals who market cosmetics have a legal responsibility for the safety and labeling of their products.

In comparison to many other countries, the United States can be defined as permissive when it comes
to asbestos.

Global Asbestos Awareness Week, running April 1-7, is an opportunity to increase awareness of asbestos and its dangers, advocate for a ban of asbestos, and promote prevention of asbestos-related diseases. So, where does the U.S. stand in the world on asbestos use and production? In the face of evidence demonstrating there is no safe level of asbestos exposure, the carcinogen has yet to be completely banned in the United States. In fact, it is still legal to import, use, and sell both raw asbestos and products made with it. The Environmental Protection Agency (EPA) presented a notice to regulate asbestos under the Toxic Substances Control Act in 1979, but in 1991, the U.S. Court of Appeals for the Fifth Circuit disagreed with the ban saying that the EPA did not prove the ban was the “least burdensome alternative” in protecting the public.

Asbestos Across the World
The World Health Organization (WHO) has asked all countries throughout the world to eliminate asbestos-related disease and advises that the most effective way to do this is by stopping the use of all asbestos. Worldwide use has declined by 55% from its peak of 4.7 metric tons per year in 1980. However, 2 million metric tons per year are still used worldwide. Other countries without bans include Russia, China, and India with Canada committing to a ban by the end of 2018. But the question remains, why does an industrialized country such as the United States still allow a known carcinogen to be utilized while 60 other countries in the European Union (EU), including the United Kingdom, have banned it? Banning asbestos in the United States has been attempted over the years, but the asbestos companies have aggressively fought back, thwarting attempts to rid America of this deadly carcinogen.

Asbestos in the United States

The United States is now dependent on foreign countries for the source of its asbestos as production stopped in 2002 as a result of a drop in demand related to health and liability issues. Domestic use of asbestos was roughly 803,000 metric tons in 1973 compared with 300 metric tons by 2017.

Issues with asbestos mainly arise when the fibers are disturbed and become airborne and are inhaled. The fibers, being large enough that they cannot be expelled from the lungs, are also sharp and penetrate the lungs. Health issues associated with asbestos include:

• Mesothelioma
• Lung Cancer
• Asbestosis

Because of the long latency periods of asbestos-related diseases, even in countries that banned the use of asbestos early in the 1990s, the number of deaths continues to grow. Halting the use of the carcinogen now will result in a decrease only after decades have gone by, but it will still save many others from future exposure and disease.

Global Asbestos Awareness week serves as a timely reminder of the necessity to remain vigilant in not only educating the public on the dangers of asbestos but continuing to push for a ban—the only true protection.

Asbestos in the United Kingdom

Based on reports linking exposure to asbestos dust and fibers with mesothelioma and asbestos-related lung cancer deaths, the British Government’s Health and Safety Executive (HSE) stands for the rigorous control of asbestos. The HSE is the body responsible for the regulation and enforcement of workplace health, safety, and welfare, as well as research into occupational risks in the UK. In fact, the HSE does not believe that any minimum threshold exists for exposure to asbestos below which a person is at zero risk of developing mesothelioma. To that end, it is illegal to supply any article containing asbestos, whether for money or free of charge, in the UK.