Energy and Commerce Ranking Member Frank Pallone, Jr. (D-NJ) called on the Food and Drug Administration (FDA) today to investigate retailers Claire’s Stores, Inc., and Justice Retail following reports that tremolite asbestos, a known human carcinogen, was found in cosmetic products marketed by the companies to girls and young women. Pallone announced his request for an investigation today at a press conference outside of a Claire’s retail store in Sea Girt, New Jersey.
Pallone’s call for an FDA investigation follows a series of disturbing reports of multiple cosmetic companies’ products being found to contain toxic ingredients. Last July, Justice Retail came under scrutiny after its Just Shine Shimmer Powder was found to contain high levels of asbestos and toxic heavy metals including lead. Then, in December an independent laboratory reportedly examined 17 Claire’s cosmetic products in 9 states, and found that each tested positive for tremolite asbestos.
“While asbestos appears to be the primary impurity in the Justice Retail and Claire’s cosmetics, I am also gravely concerned about the risk that other cosmetic products may also be tainted with dangerous chemicals," Pallone wrote to FDA Commissioner Scott Gottlieb. “I urge FDA to thoroughly investigate the claims against Justice Retail and Claire’s Stores, and to open a broader investigation into the presence of asbestos and other hazardous impurities in children’s cosmetics."
Federal agencies have repeatedly noted the risks that asbestos poses. The National Cancer Institute, for example, lists asbestos as a “known human carcinogen" which can cause scarring and inflammation of the lungs and is associated with mesothelioma and at least six other cancers. The Centers for Disease Control and Prevention has noted that children may be at greater risk of developing asbestos-related diseases after exposure to the contaminant.
Pallone also urged FDA to examine the alarming issue of dangerous contamination of imported cosmetic products, particularly those marketed to children. In a letter to Pallone in June, FDA stated that in fiscal year (FY) 2016, the agency physically inspected only 9,871 of the 2.9 million lines of cosmetic products that arrived at U.S. ports, which equals less than one percent of all products. Of the products physically examined, inspectors reported adverse findings at a rate of 15 percent, and of the 364 products subjected to further laboratory testing, inspectors reported adverse findings at a rate of 20 percent.
“This is a longstanding issue of great concern to me, and I am dismayed to see reports that once again, children are being unnecessarily exposed to dangerous chemicals in personal care products," Pallone continued in his letter to Gottlieb.
Pallone has long advocated for greater transparency in the cosmetic and personal care product industry and released draft legislation in 2016 that would give FDA greater authority over cosmetics and personal care products. Under current law, FDA cannot require cosmetic manufacturers to register with the agency, provide information about their products and ingredients, or even require companies to test cosmetic products for safety before bringing them to market. Pallone’s proposal, which he is working to have the Energy and Commerce Committee consider this year, would strengthen FDA’s regulatory authority over cosmetic products to help ensure that the cosmetics Americans use each day are safe.
