Cosmetics company refutes asbestos claim made by Barrington woman

Barrington resident, law firm fires back at Claire's

Posted 1/10/18

The company that was accused of producing makeup that later tested positive for asbestos issued a press release last week refuting the claim made by Barrington resident Kristiana Warner.

Ms. …

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Cosmetics company refutes asbestos claim made by Barrington woman

Barrington resident, law firm fires back at Claire's

Posted

The company that was accused of producing makeup that later tested positive for asbestos issued a press release last week refuting the claim made by Barrington resident Kristiana Warner.

Ms. Warner said she had her daughter's makeup tested, as well as samples of the same makeup sold in other parts of the country, and found that all 17 samples sent to an independent lab contained asbestos. The makeup was produced by the company Claire's.

Initially, a representative from Claire's stated that the company intended to have their products retested. More recently, the company issued a second release:

"We are pleased to report that test results received to date from two certified independent labs confirm that the products in question are asbestos free, completely safe and meet all government requirements. As we said previously, we also confirmed that the talc ingredient that is used in the cosmetics was sourced from Merck KGaA and is asbestos free. Any report that suggests that the products are not safe is totally false."

The release also stated that Claire's has shared the "certificates of analysis" with Health Canada and the US Food and Drug Administration. 

"Furthermore, we dispute the findings and testing methods of Sean Fitzgerald, the Director of Research and Analytical Services for Scientific Analytical Institute (SAI), which was asked to do the testing by a personal injury law firm. We only learned of the claims after they went to the press. We have made multiple requests for Mr. Fitzgerald’s detailed test data, but it has not been provided to us. Mr. Fitzgerald also went to the press in July with claims that testing of cosmetics from Justice showed evidence of asbestos, which Justice refuted after analysis of a third-party ISO-certified testing lab," stated the release. 

The Deaton Law Firm where Ms. Warner works responded to the press release from Claire's with its own statement.

"Claire’s stated that they tested the products that were the subject of the vast media reports documenting the independent findings of the Scientific Analytical Institute (“SAI”) that confirmed the products contained asbestos. This statement by Claire’s is entirely misleading as those 17 samples are still in the possession of SAI. To date, Claire’s has NOT requested the samples/products from SAI or the Deaton Law Firm.

"In an effort to show complete transparency, the Deaton Law Firm contacted Claire’s and shared the actual testing results, identified the lab conducting the testing, which methodology was used, and which samples from what locations had asbestos in a full report provided to their counsel before it ever made the news."

The statement from the Deaton Law Firm and Ms. Warner challenged further comments made in the Claire's press release.

"Claire’s has since responded by issuing self-serving conclusions that they have had the products tested and they are 'asbestos-free.' Claire’s has characterized Deaton Law Firm’s claims and SAI’s testing results as 'false reports.' Yet, unlike the results we provided, Claire’s has not released what products were allegedly tested, which lab tested them and most importantly, the methodology used to perform the analysis.

"Deaton Law Firm and SAI have produced all of the relevant information to support their findings. The burden is on Claire’s to do the same. Failure to produce that information in the public domain will greatly increase the likelihood of Deaton Law Firm seeking the information through litigation. 

"When Deaton Law Firm issued the first press release related to the asbestos contamination in Claire’s children’s makeup, the only goal was to share this vital information for the good of public health and safety. Assuming Claire’s acted responsibly, Deaton Law Firm did not believe further action would be necessary. We were hoping Claire's would do the right thing; especially, considering, that they market to a demographic consisting of 6-12 year old children. Claire’s, however, has apparently chosen a different path to take and Deaton Law Firm is prepared to meet them on that path."

The Deaton Law Firm and Ms. Warner have reportedly been contacted by parents and consumers across the country, and, in an effort to connect with parents in a similar situation, have created a Facebook group "Claire's Consumers."

John Deaton and Ms. Warner will hold a livestream Q&A directly with the concerned consumers within the group on Friday, Jan. 12.

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