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Table Of Contents
What’s the Problem?
According to Law360, plaintiff Dolores Gomez alleges that she was diagnosed with mesothelioma after using Chanel talc products for 30 years, from 1961 to 1991, which she purchased at Publix and Woolworth stores [1].
She claims that Chanel, Publix, and Woolworths (now known as Foot Locker Inc.) knew the talc contained asbestos yet failed to adequately warn the public about this risk.
The defendants’ products failed to contain, and continue to this day not to contain, adequate warnings and/or instructions regarding the increased risk of mesothelioma with the use of their products by women, the complaint states. The defendants continue to market, advertise, and expressly represent to the general public that it is safe for women to use their product regardless of application.
Gomez further claims that beginning in the 1970s, the U.S. Food & Drug Administration (FDA) began considering whether to regulate and require warnings on talc-based cosmetic products, but the defendants and a lobbying group known as the Cosmetic, Toiletries and Fragrance Council (CTFC) blocked those efforts.
The defendants and the CTFC also did not disclose to the FDA that the overwhelming majority of talcum powder manufacturers and sellers were not testing their products for asbestos, and even if they were testing, it was done so superficially: only four or so grams per 20 tons of pre-shipment and pre-processed talc, according to the lawsuit.
Gomez’ claim brings counts of negligence, negligence per se, fraudulent concealment, and breach of warranty claims.
The lawsuit is: Gomez v. Chanel Inc. et al., in the Supreme Court of the State of New York, County of New York.
Related Article: Talcum Powder Lawsuit Update
Chanel Removes Talc from its Beauty Products
As stated by Reuters, in June 2020, Chanel announced that it was moving away from using talc in some products as U.S. cancer lawsuits and consumer concerns mount [2]. Chanel has removed talc from a loose face powder and dropped a talc body powder because of negative perceptions around the mineral.
Chanel representative Amy Wyatt disclosed in a court deposition that in 2017 the company had stopped making a talc-based body powder, scented with its iconic No. 5 fragrance that it had made since 1924. The deposition was taken from the above lawsuit filed by Dolores Gomez.
Wyatt said that Chanel was sued for the first time over its talc powder in 2016 and that the company had also removed talc from its loose face powder.
Chanel, which continues to use talc in other products including pressed powder, blush, and eye shadow, said all the talc it uses is selected according to strict purity criteria, fully complies with current global regulations, and is safe under standard conditions of cosmetic use.
Talcum Powder Ovarian Cancer Studies
More than 2 dozen studies going back decades have identified links between the use of baby powder and cancer:
- 1982 – According to a case-controlled study published in the journal Cancer [3] found that women who “regularly used talc-based baby powder either as a dusting powder on the perineum or on sanitary napkins” were 1.92 times (92%) more likely to develop ovary cancer.
- 1997 – A study published in the American Journal of Epidemiology (PDF) found that “women with a history of perineal dusting with genital talc” were 1.6 times (60%) more likely to develop cancerous tumors.
- 2008 – As claimed in a Meta-study published in the Journal of Epidemiology and Community Health [4] pooled together more than 20 studies and found a 35% increase in the risk of ovarian cancer diagnosis in women who used talc powder.
FAQs
Have there been any settlements for Chanel talcum powder lawsuits?
Some cases may settle out of court. Your lawyer can provide guidance on the likelihood and process of settlement based on your specific situation.
Can I join a lawsuit if I used Chanel talcum powder years ago?
Yes, you may still be eligible to file a lawsuit depending on the statute of limitations and your diagnosis timeline. Consult a lawyer to evaluate your case.
What are the steps to file a Chanel talcum powder lawsuit?
The process involves consulting a lawyer, gathering evidence, filing the lawsuit, and going through legal proceedings. Each step requires careful preparation and legal expertise.
What should I consider when choosing a lawyer for my Chanel talcum powder lawsuit?
Choose a lawyer experienced in product liability and pharmaceutical litigation, with a successful track record in handling similar cases.
Related Articles:
See all related product liability lawsuits our attorneys covered so far.
Do I Have a Chanel Talcum Powder Lawsuit?
The Product Liability Litigation Group at Schmidt Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Chanel Talcum Powder Lawsuits. We are handling individual litigation nationwide and are currently accepting new mesothelioma cases in all 50 states.
If you or a loved one was diagnosed with mesothelioma after using Chanel Talcum Powder, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.
References:
- https://www.law360.com/articles/1275955/chanel-hit-with-suit-linking-mesothelioma-to-talc-products
- https://www.reuters.com/article/idUSKBN23G0GJ/
- https://pubmed.ncbi.nlm.nih.gov/7083145/
- https://jech.bmj.com/content/62/4/358.long