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Claire’s Finally Pulled Their Products Containing Asbestos

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Claire’s finally pulled their products containing asbestos when the FDA affirmed the presence of asbestos after testing in 2017 and 2018. Though the removal was voluntary, it occurred only after the FDA issued a warning against the three contaminated products. Since the FDA does not have jurisdiction, they believed this was warranted since Claire’s initially “refused to comply with the FDA’s request, and the agency does not have authority to mandate a recall.” Claire’s steadfastly refuted the FDA’s findings, asserting “the products were “extensively tested by multiple independent accredited laboratories” and “all products were found to be compliant with all relevant cosmetic safety regulations.”

Meanwhile, Frank Pallone, Jr, Energy and Commerce Chairman, stated, “Examples like Claire’s’ refusal to voluntarily recall their asbestos-tainted products demonstrates the need to modernize the current regulatory framework for cosmetic and personal care products to ensure that the FDA can act to protect consumers when industry fails to do so.”

Claire’s finally pulled their products

Claire’s sold the affected products between October 2016 and March 2019. While they are no longer in the stores, some households possibly continue to harbor the three products pinpointed. To check your home, the products are:

• Claire’s Eyeshadows, UPC #888711847165, SKU #84716, Lot No. 08/17
• Claire’s Compact Powder, UPC #888711839153, SKU #83915, Lot No. 07/15
• Claire’s Contour Palette, UPC #888711401947, SKU #40194, Lot No. 04/17

The identifying numbers are found on the price stickers on the product. Batch numbers are found beneath the ingredient lists on the back panels.

The original products pulled from stores in December of 2017 were Ultimate Mega Make Up Set, Metallic Hot Pink Glitter 48-Piece Makeup Set, Bedazzled Rainbow Heart Makeup Set, Rainbow Bedazzled Star Make Up Set, Rainbow Glitter Heart Shaped Makeup Set, Mint Glitter Make Up Set, Rainbow Bedazzled Rectangle Make Up Set, and Pink Glitter Palette with Eyeshadow & Lip Gloss. Again, if these still remain in your home, dispose of them or return the item to the Claire’s store.

For more information

If you want more information, contact Claire’s at 800-252-4737, option 2, from 9:30 AM – 7 PM EDT.

FDA Affirms Asbestos Found in Cosmetics Targeting Teens

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Asbestos found in cosmetics targeting teens and preteens continues to be a problem in a statement from the Food and Drug Administration (FDA) this week. This affirmation is the result of testing performed by U.S. PIRG, a consumer advocate group, in both 2017 and 2018. These three branded cosmetic products from Claire’s and one sold by Justice, were among those tested in 2017 and again in 2018. The Claire’s products tested positive for tremolite asbestos in 2018 as did the Justice product.

Why is asbestos found in cosmetics harmful?

After years and decades of testing, it is proven than there is no safe level of exposure to asbestos. Asbestos that is in solid form, such as shingles, left untouched is a potential danger, but asbestos that is loose, as found in powders and other cosmetics, is definitely dangerous. These products are easily inhaled or ingested which can lead to lung cancer and even mesothelioma – a deadly disease. In addition, these products targeted young girls, still growing and developing.

Claire’s rebuttal

In all testing, Claire’s contends there is no danger and that the U.S. PIRG report is faulty and misleading. In their independent testing, no asbestos fibers were found, however they have not disclosed their testing methodologies or results.

Claire’s spokeswoman, Melanie Berry said in a statement, “The FDA test reports have mis-characterized fibers in the products as asbestos, in direct contradiction to established EPA and USP criterion for classifying asbestos fibers.” “Despite our efforts to discuss these issues with the FDA, they insisted on moving forward with their release. We are disappointed that the FDA has taken this step, and we will continue to work with them to demonstrate the safety of our products.”

Claire’s filed for bankruptcy in the US in March 2018 and came out of it in October of 2018

FDA response

“Our lab is accredited by the U.S. National Institute of Standards and Technology NVLAP program. The FDA used a lab on this accredited list for their cosmetics testing for asbestos (AMA Analytical Services) as well as another lab on the list, STAT Analysis Corporation.”

Why are cosmetic companies allowed to sell these products?

The FDA cannot force a company to remove asbestos-laden products because there are no laws requiring testing cosmetic products for safety. “The FDA is today announcing the results of these tests. Those tests confirmed the presence of asbestos in three of the product samples collected from Claire’s and one of the product samples collected from Justice. All suspect Justice products, including the one testing positive for asbestos, were previously recalled from the market in 2017. The FDA issued a Safety Alert today warning consumers to discontinue use of three Claire’s products: Claire’s Eye Shadows – Batch No/Lot No: 08/17; Claire’s Compact Powder – Batch No/Lot No: 07/15; and, Claire’s Contour Palette – Batch No/Lot No: 04/17 because they tested positive for asbestos.

In an FDA press release published on March 5, 2019, the following statement was made, “The FDA requested that Claire’s recall the products because they should not be used by consumers. Claire’s has refused to comply with the FDA’s request, and the agency does not have authority to mandate a recall. The FDA is therefore warning consumers not to use these products and will continue to communicate our safety concerns about them.“

Until laws requiring testing are enacted, the FDA requests cosmetic firms to take voluntary measures to register in the FDA’s Voluntary Cosmetic Registration Program (VCRP.) The FDA also asks manufacturers to voluntarily report any negative effects involving cosmetic products.

While the FDA was told there are no more asbestos-tainted products in the Claire’s stores, they caution anyone who has them in their homes should stop using them.

Ben DuBose Named 2019 President of the Dallas Trial Lawyers Association

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February 27, 2019
Dallas, Texas

Trial lawyer, Ben DuBose, took office in January as the 2019 president of the Dallas Trial Lawyers Association.

Founded in 1963, the Dallas Trial Lawyers Association is a volunteer body of Dallas area trial attorneys. DTLA’s mission: empowering and supporting Dallas trial lawyers in achieving justice for those who have been harmed. For more information about DTLA, visit www.dallastriallaywersassociation.org

“The Dallas Trial Lawyers Association is the only Dallas area bar association devoted exclusively to supporting Dallas trial lawyers. I’ve been a DTLA member my entire career, having served on the Board of Directors and as a chair of the diversity committee in more recent years,” says DuBose. “DTLA helps lawyers who help people. Critical to that is supporting and protecting one of our fundamental rights as Americans – the right to trial by jury.”

DTLA members enjoy up to 7 hours annually of continuing legal education (CLE) at monthly luncheons. This year, DTLA also offers 3 hours of free CLE breakfasts sponsored by the association’s mentorship committee. Several social events are also held throughout the year for association members. During 2019, DTLA will also continue to build on recent joint projects with other local bar organizations including the Dallas Bar Association, the Dallas Hispanic Bar Association, J.L. Turner Association and the Dallas Women Lawyers Association.

Mr. DuBose has 23 years of experience representing asbestos, personal injury and wrongful death victims as well as individuals in employment matters. DuBose Law Firm, PLLC enters its second decade with offices in Dallas at the historic Adelfa B. Callejo Building and New Orleans.

Media Contact:
Jane Zavala
jzavala@duboselawfirm.com
(214)389-8199

Sponsored by Attorney Ben K. DuBose licensed in TX, OK, & PA

DuBose Law Firm, PLLC
Principal office:
4310 N. Central Expressway
Dallas, TX 75206
(214)389-8199

Enjoy Your Holidays and Stay Safe!

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It’s that busy time of year with increased activities as preparations are made for decorating, gift-giving, and time with family; so take a moment to think how you can enjoy your holidays and stay safe at the same time. Here are a few suggestions to keep in mind.

Fire

Check your smoke alarm before adding electrical decorations. Often lights are added during the holidays, both inside and outside of your home. This can put an added strain on breakers, but especially on outlet strips. Watch that these are not overloaded and be aware of any unusual odors or flickering that may signal an overheated strip of lights.

Keep candles unlit unless there is someone watching them and be sure they are not close to flammable materials.

Children – and adults – love to be close to a fireplace. Use a fire screen and check to see if clothing, especially pajamas, are fire-proofed. Outdoor fire pits can be especially enticing to children; be sure an adult monitors activity around the fire and discourages roughhousing in the area.

During gatherings of family and friends, there may be a number of people in the kitchen, including children. Keep pots on the back burners of the stovetop if possible to avoid burns from accidental bumping or little hands reaching.

Pets

While some pets may love the activity and attention, others may become agitated. Ensure there’s a safe place where your pet can relax and also where the pet will not be tempted to lash out at a child. Dropped food can turn a docile pet into one that will bite to defend its prize.

Trees, lights, ornaments, ribbons, wrapping paper, and food – chocolate and nuts especially – must be out of reach or watched closely so you don’t experience a late night trip to an emergency vet.

Shopping and traffic

This is the time of year when the “traffic is terrific” and can put a damper on trips to the mall or event venues. There is no avoiding it, unless all shopping is done online, but be prepared. If you can shop “off hours” you’ll have fewer issues. Check road conditions before leaving home and find the best route.

When you park, keep all packages in the trunk or other place where they cannot be seen. Always lock doors. When walking to and from a store, keep your eyes open and avoid looking at your phone. Take note of where you park so you can walk directly to your vehicle, keys in hand, when leaving the store or event. If you feel uncomfortable about any people in the parking lot, go back into the store and request an escort.

Hold purses or wallets and don’t leave in shopping baskets, even for a moment. Guard your cards and carefully input your PIN number in a manner that is not visible to others.

Drinking

This time of year is filled with parties and dinners where liquor is served. If you want to celebrate with drinks, there are ways to do it safely. If you have one drink, have it early and eat at the same time. Stay long enough to remove it from your system before driving. Otherwise, ride with a friend or take one of the car services to get home. Many holidays have been ruined because of one too many.

Enjoy your holidays!

These suggestions are common sense and take very little time, but they can save you from a holiday and lifetime of regrets. Enjoy your holidays and stay safe!

Have fun! Make memories! Celebrate!

Texas Wrongful Death and Survival Claims Explained

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There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.