Defective Skin Cosmetics

What Products Make Up the Cosmetic Industry?

Cosmetics is a broad spectrum, covering anything from facial cleansers, moisturizers, or makeup.  The two most important laws pertaining to the cosmetics market in the United States are the Federal Food and Drug Administration and the Fair Packaging and Labeling Act. However, it is unfortunate, yet it is a real thing that these products can have defective skin products. 

What Are the Responsibilities of the Food and Drug Administration?

According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficacy, and security that includes cosmetics. 

What Are the Responsibilities of the Fair Packaging and Labeling Act?

According to www.fda.gov, FPLA directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring all produced and manufacturers to include the net contents, identity of commodity, and the name and place of business of the product’s manufacturer, packer, or distributor. The disclosure of this information prevents consumer deception as to what ingredients usage in the products sold to the public. 

What Makes Cosmetics Defective?

Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in cosmetics can lead to extremely serious reactions to the face, such as permanent scaring and infection to the eyes.  

Can Companies Be Held Accountable for a Defective Cosmetic Product?

Cosmetic companies can be hold accountable should they not adhere to product liability standards in producing and manufacturing their products. Should a company fail to use a reasonable standard of care, a case against them may be brought. 

California Products Liability Attorney

If you have been hurt by a cosmetic product and would like to seek legal representation, contact our California products liability attorneys at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed. 

Possible Legal Grounds For a Defective Cosmetics Lawsuit

When a plaintiff is injured by the use of cosmetics, he or she may be able to file a product liability lawsuit. In California, the law provides several grounds for filing such a lawsuit.

1. Design defect. A manufacturer can be held liable if a cosmetic product:

• Has an unsafe composition
• Is likely to cause allergic reactions, burns, inflammation, rashes, or other serious consequences

This is especially true if the ingredients have not been adequately tested. Also when used in concentrations that exceed safe limits established by FDA standards.

2. Manufacturing Defect. Even if a product has a proper design, a manufacturing error can still lead to a lawsuit.

• Bacterial contamination of the product
• Incorporation of foreign objects
• Exceeding allowable concentrations of ingredients

Also considered manufacturing defects.

3. Inadequate warning. Cosmetic companies have a duty to warn of potential side effects. This is especially true when ingredients may cause reactions in people with sensitive skin or allergies. Inadequate warnings on packaging can lead to a lawsuit for failure to warn. Such cases are particularly relevant to the use of:

• Acids
• Retinoids
• Essential oils in products

Examples of Possible Consequences of Using Defective Cosmetics

Injuries from defective cosmetics can be quite severe. For example:

• Chemical burns and hyperpigmentation
• Eye infections
• Rashes and dermatitis
• Permanent scarring from inflammation caused by faulty masks or peels

Some of these effects may require long-term treatment by:

• A dermatologist
• A plastic surgeon
• A psychologist

If the damage has affected quality of life or caused emotional distress.

Who Can be Held Liable?

The following parties can be liable for defective cosmetics:

• The manufacturer
• The distributor or importer
• The retailer
• Packaging companies

Possible Compensation

Affected consumers may seek compensation for:

• Medical expenses
• Pain and suffering
• Loss of earning capacity
• Aesthetic damages
• Emotional distress
• Loss of income

How do I Document The Damage?

In order to successfully file a claim, it is important to gather evidence:

• Preserve the packaging and the product itself
• Take photos and videos of the damage
• Get a medical report on the consequences

If possible, get witnesses to confirm the use of the product and the consequences.

Contact KAASS LAW

If you and or someone you know have been injured by substandard cosmetics, it is important to seek qualified legal help as soon as possible. Please contact KAASS LAW today! We can help:

• Determine who is liable
• Gather evidence
• Represent your interests in court

We fight to make sure injured victims receive full compensation for their injuries. Call (310) 943-1171 for a free consultation with an experienced product liability attorney.