Schmitt Mulhern, LLC

Your makeup does not have the FDA’s approval

Unless you are a chemist, reading the labels on cosmetics may not mean much, other than to confirm that the products contain chemicals. In fact, according to ABC News, on average, women in the U.S. typically apply more than 150 chemicals to their bodies every day.

It would be nice to think that because the products are on the shelf at the store, the chemicals in them must be safe. However, this may not be a reasonable assumption for you to make.

Federal law limits the FDA’s authority

While food and drugs have to be approved by the U.S. Food and Drug Administration, the agency cannot legally provide approval for cosmetics. The FDA does impose some regulations on the companies that produce them, though. For example, manufacturers must clearly label any cosmetic product on the market so that, as long as you follow the directions on the package, you should not experience any harm.

The FDA does have the authority to restrict the use of certain chemicals because research has proven them to be harmful. For example, companies can only use chloroform in the manufacturing process, and mercury can only appear in eye products, and then only in trace amounts.

You can help improve safety

Part of the FDA’s job is to gather information about reactions people have to products, so you have the option to file a report if you develop a rash, hair loss or another condition that appears to be directly related to product use. There will be an investigation of your account of your experience, and when multiple reports on the same cosmetic or ingredient come in, the agency has the authority to take action so that the product does not affect more people.

Unfortunately, the FDA cannot issue a recall of the product because the law states that only the manufacturer can do this. However, the federal agency can notify the public in the case of serious health risk, and can make sure the company destroys the product or corrects the problem.

You should consider reporting the problem to the manufacturer as well, but by law, the company does not have to forward your complaint to the FDA. Some people choose to pursue litigation to bring the health hazard to the public’s attention and hold the cosmetic company liable for the harm the product has done.

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Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.