FDA May Begin Regulating Johnson's Baby Powder
Johnson & Johnson considers a dangerously high level of asbestos in their baby powder talc supply to be safe
Monday, April 1, 2019 - Investigative reports by Reuters and the New York Times coupled with billions of dollars in jury awards are causing US lawmakers to propose that the US Food and Drug Administration take a more pro-active approach to regulate the cosmetics industry. As it stands right now there is little the FDA can do other than to use its considerable voice to alert consumers when a cosmetics product is hazardous to the public's health. And the FDA did just that last week when the agency announced that testing of certain talc-based consumer cosmetics contained cancer-causing asbestos. Since the cosmetics industry is "self-regulating" the FDA could not issue a recall however, the companies that manufacture the makeup products in question immediately voluntarily pulled them from the market. The FDA also can not require a cosmetics product to carry a warning label. Finding asbestos in consumer makeup is just the tip of the iceberg, the remainder being Johnson & Johnson's Baby Powder. For over 50 years the company has been free to say whatever they want about the percentage of their talc contained asbestos. Families and individuals have filed claims with top national talcum powder asbestos cancer lawyers that have won millions of dollars representing the toughest cases against Johnson and Johnson talcum powder cancer and offer free consultation.
Self-regulation of the cosmetics industry may be quickly coming to an end according to Law.com in quoting Gerald Connolly, D-Virginia, calling Johnson & Johnson's baby powder, "tragic case study." Connolly stated "When we mindlessly deregulate or don't regulate, to protect the public, this is what can happen. I hope we will all remember that, and, frankly, I hope this hearing will lead to some legislative direction that empowers FDA especially in the cosmetic field." In addition California Senators Dianne Feinstein (D) and Susan Collins (R) introduced "the Personal Care Products Safety Act, which would give the FDA the authority to review ingredients in personal care products and require safety labeling and recalls of products that threaten consumer safety," a clear reference to testing, regulating, warning the public and perhaps even recalling Johnson's Baby Powder due to containing asbestos. According to Law.com, Senator Feinstein added "Families trust that these products are safe, but unfortunately, many ingredients have never been independently evaluated. Our bipartisan legislation, which has the support of numerous companies and consumer advocacy groups, would modernize FDA's oversight authority and give consumers confidence that everyday personal care products won't harm their health."
The proposed legislation granting the FDA oversight of the cosmetics industry is proceeding parallel with last month's subpoenas Johnson & Johnson received from the Justice Department and the Securities and Exchange Commission regarding asbestos in talcum powder. Johnson & Johnson spokespersons said the company is fully cooperating with the DOJ and SEC and the company continues to stand by the fact that their iconic brand of baby powder has been adequately tested and is asbestos-free. Johnson & Johnson continues to point out that no FDA study every found asbestos in talc, however, that statement may be a little misleading. Years ago the FDA was concerned that talcum powder contained asbestos and proposed that the safe level of asbestos in talc should be limited to one-tenth of one percent. Johnson & Johnson countered by using the level of one percent, a full ten times higher percentage in which they would continue to sell baby powder. Being self-regulating, the issue stands unresolved to this day.
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