Asbestos, once considered a “miracle mineral” for its durability and heat-resistant properties, is now recognized as a highly dangerous carcinogen. Despite being widely banned or restricted in many countries, asbestos is still found in some consumer products, often where consumers least expect it. Examples include baby powder, cosmetics, or other talc-based items. When asbestos-containing products reach consumers, they put individuals, including vulnerable populations like infants, at risk for serious illnesses, including cancers like mesothelioma.
The hazards of asbestos are widely known. At Kherkher Garcia, we believe that consumers deserve to know when products are dangerous and could cause their families harm. In the article below, our product liability attorneys explore the risks of asbestos in consumer products, the potential health impacts of exposure, and the legal options available to individuals injured by asbestos-laden products.
Dynarex Baby Powder Recall Information
Dynarex Corporation has expanded its recall of Dynacare Baby Powder due to potential asbestos contamination. The recall, initially started on September 19, 2024, now includes 373 additional cases of the 14 oz. version (item #4875) and 647 cases of the 4 oz. version (item #4874). Asbestos, a known carcinogen, can sometimes be found near talc deposits, posing health risks if not carefully screened. The contamination was identified through U.S. Food and Drug Administration (FDA) routine sampling, which found asbestos in some finished products. In response, Dynarex halted further distribution and is investigating the contamination source, linked to specific batches of bulk talc.
Consumers can check lot numbers on the bottom of bottles or cases to identify affected products and contact Dynarex for refunds or returns. Health professionals and consumers are urged to report adverse reactions to the FDA’s MedWatch program.
What Is Asbestos, and How Does It End Up in Consumer Products?
Asbestos is a naturally occurring mineral composed of thin, needle-like fibers. It was once widely used in construction, insulation, automotive parts, and other industries because of its resistance to heat, fire, and chemicals. Unfortunately, asbestos exposure is now linked to life-threatening diseases.
Asbestos often exists near talc deposits, which are mined to produce talcum powder – a common ingredient in personal care products like baby powder. When talc is mined without stringent controls, asbestos fibers can contaminate the talc, putting users at risk.
Common Consumer Products That May Contain Asbestos:
- Baby powder: Talcum powder, a primary ingredient in many baby powders, can be contaminated with asbestos.
- Cosmetics: Some makeup products, particularly powder-based items, may contain talc, which could be contaminated with asbestos.
- Crayons and toys: Shockingly, some crayons and toys marketed for children have been found to contain asbestos fibers.
- Household products: Items like heat-resistant fabrics, certain adhesives, and brake pads have historically contained asbestos.
How Asbestos Exposure Occurs
Exposure to asbestos typically happens when asbestos-containing products are disturbed, releasing tiny fibers into the air. These fibers are so small that they can be easily inhaled or ingested. Once inside the body, asbestos fibers can become lodged in the lungs or other tissues, leading to inflammation and scarring over time.
For consumers, even seemingly harmless actions – like applying talcum powder or using cosmetics – could expose them to asbestos. With products like baby powder, which are often used daily and in large quantities, repeated exposure increases the risks.
Health Risks and Injuries from Asbestos Exposure
Asbestos exposure is associated with serious and often fatal diseases. Because symptoms can take years or even decades to appear, many individuals may not immediately connect their illness with asbestos exposure.
Major Health Risks Include:
- Mesothelioma: This aggressive and fatal cancer develops in the lining of the lungs, abdomen, or heart and is almost exclusively caused by asbestos exposure.
- Lung Cancer: Inhaling asbestos fibers significantly increases the risk of developing lung cancer, especially in smokers.
- Asbestosis: A chronic lung disease characterized by scarring of lung tissue, causing shortness of breath and persistent coughing.
- Ovarian Cancer: Studies have linked asbestos-contaminated talc to an increased risk of ovarian cancer, particularly for women who regularly used talc-based powders on their body.
- Pleural Disease: Asbestos exposure can lead to pleural plaques (hardened areas of tissue around the lungs) and pleural effusions (fluid buildup around the lungs), both of which can impair lung function.
How Asbestos Ends Up in Products like Baby Powder
In talcum powder production, asbestos contamination often occurs because talc and asbestos are naturally found near each other. If talc mining and processing are not carefully managed, asbestos fibers can make their way into talcum powder. Regulatory agencies like the FDA have periodically issued recalls of talc-based products found to contain asbestos, but detection is challenging due to the microscopic nature of asbestos fibers.
Despite these risks, talc remains an ingredient in some cosmetics and personal care products because regulations are not always strict enough to prevent asbestos contamination.
Legal Protections and Recourse for Asbestos-Related Injuries
Consumers injured by asbestos-containing products have legal options. Companies are required to ensure their products are safe and free from harmful substances like asbestos. When companies fail to meet these standards, they can be held liable for injuries that result from their products. The primary source of recovery for victims is filing a product liability lawsuit.
Basis for Asbestos-Related Product Liability Lawsuits:
- Negligence: Manufacturers may be held liable if they failed to conduct proper safety testing, source talc from safe locations, or implement procedures to prevent asbestos contamination.
- Strict Liability: Some jurisdictions hold manufacturers strictly liable for harm caused by defective or dangerous products, regardless of fault or intent.
- Failure to Warn: Companies have a duty to warn consumers if there is a potential risk from their products. If manufacturers knew or should have known of asbestos contamination but did not inform consumers, they could be liable for failure to warn.
Recent Cases and Settlements Involving Asbestos-Contaminated Products
Several high-profile lawsuits have been brought against companies for selling asbestos-laden products. Notably, in recent years, multiple lawsuits against Johnson & Johnson alleged that the company’s baby powder contained asbestos, resulting in thousands of cancer cases. In 2020, the company ceased sales of its talc-based baby powder in the U.S. and Canada amid the litigation, though it continues to deny any wrongdoing.
These cases underscore the serious nature of asbestos contamination in consumer products and the high stakes involved in pursuing legal claims.
Steps for Consumers Exposed to Asbestos in Products
If you or a loved one has used a product contaminated with asbestos and subsequently developed health issues, here are the steps you should take:
- Seek Medical Attention: Health issues related to asbestos exposure may not be immediately apparent. Consult a physician familiar with asbestos-related illnesses to monitor your health.
- Document Your Exposure: Keep records of the products you used, including receipts, photos of packaging, or any other proof of purchase. This documentation may help in a legal claim.
- Get a Second Opinion: Diagnosing asbestos-related diseases can be complex. Seeking a second opinion can help ensure your diagnosis is accurate and properly documented.
- Consult an Attorney: An attorney with experience in product liability and asbestos litigation can help determine if you have grounds for a lawsuit.
How Kherkher Garcia Can Help Asbestos Injury Victims
At Kherkher Garcia, our experienced product liability attorneys are dedicated to helping victims of asbestos exposure. Our firm understands the complexities of asbestos litigation, including the medical, scientific, and legal factors that are crucial for building a strong case. We aim to hold companies accountable for failing to protect consumers from harmful substances and to secure compensation that can help with medical bills, lost income, and other damages.
Services We Provide:
- Free Case Evaluation: We offer a no-cost consultation to discuss your case, review evidence, and outline your legal options.
- Comprehensive Investigation: Our team thoroughly investigates each case, gathering evidence, consulting experts, and identifying all liable parties.
- Legal Representation: We are committed to standing by our clients through every step of the legal process, from filing a claim to negotiating settlements or taking the case to trial if necessary.
The product liability attorneys at Kherkher Garcia are dedicated to justice and recovering damages for victims. Compensation for injuries related to asbestos exposure may cover:
- Medical Expenses: Including costs for surgeries, treatments, and ongoing care.
- Lost Wages: For time missed at work due to illness or recovery.
- Pain and Suffering: For the physical and emotional impact of an asbestos-related illness.
- Punitive Damages: In cases of gross negligence, courts may award punitive damages to discourage future misconduct by manufacturers.
We utilize our skills and resources to build a strong case and maximize the amount that victims can recover.
Start Your Free Product Liability Consultation
At Kherkher Garcia, we stand ready to assist individuals harmed by asbestos-contaminated products. Our attorneys understand the stakes and have the experience to fight for justice on your behalf. Contact us today for a free consultation to discuss your case and explore your legal options. To start your consultation, call us at 713-333-1030. You can also request more information by completing our online contact form.
