Claire’s Recalls Makeup Containing Asbestos

Claire's makeup recall

By Leah McMorris, Esq. and Leslie-Anne Taylor, Esq.

Published on June 26, 2019

This month the mall retailer Claire’s was forced to voluntarily recall a makeup kit marketed to pre-teens and teenagers after Food and Drug Administration (FDA) tests showed the presence of asbestos. The product, Claire’s JoJo Siwa’s Tween Makeup Set, is  the subject of a June 6, 2019 Safety Alert by the FDA. This was the second recall of makeup products containing asbestos by Claire’s in the last three months.

The FDA recommends on its website that consumers who have this batch of Claire’s JoJo Siwa Tween Makeup Set should stop using the products, and the company said it will issue refunds to consumers. The specific lot affected is:

  • Claire’s JoJo Siwa Makeup Set, SKU #888711136337, Batch/Lot No. S180109

In the same statement, the Food and Drug Administration also recalled products from Beauty Plus Global, a Chinese company. The specific product of theirs recalled was Beauty Plus Global Contour Effects Palette 2, Batch No. S1603002/PD-C1179.

Claire’s History of Asbestos-Tainted Product Recalls

Claire’s products have been scrutinized since 2017 when a Rhode Island mom had her daughter’s makeup from Claire’s tested and was shocked to find that it contained asbestos. In all Claire’s issued recalls on nine (9) of its products at that time:

  • Ultimate Mega Make Up Set, code 71844.
  • Metallic Hot Pink Glitter 48-Piece Makeup Set, code 76094.
  • Pink Glitter Cellphone Makeup Compact, code 26556.
  • Bedazzled Rainbow Heart Makeup Set, code 11767.
  • Rainbow Bedazzled Star Make Up Set, code 20926.
  • Rainbow Glitter Heart Shaped Makeup Set, code 97275.
  • Mint Glitter Make Up Set, code 74769.
  • Rainbow Bedazzled Rectangle Make Up Set, code 21044.
  • Pink Glitter Palette with Eyeshadow & Lip Gloss, code 97276.

In March of this year, Claire’s recalled another three makeup products after FDA testing found that the products were contaminated with tremolite asbestos.  Tremolite, an amphibole form of asbestos, is often present in talc, an ingredient often used in cosmetics.

The lots recalled for containing asbestos in March 2019 were:

  • Claire’s Eye Shadows — Batch No/Lot No: 08/17
  • Claire’s Compact Powder — Batch No/Lot No: 07/15
  • Claire’s Contour Palette — Batch No/Lot No: 04/17

When the first recall occurred in 2017, Claire’s disputed the validity of the asbestos tests performed by the independent testing agencies, Scientific Analytical Institute (SAI) and STAT Analysis Corporation (STAT). Despite this, in March of this year Claire’s issued a statement stating that it has switched to talc-free manufacturing for all its products.

Talc and Health

Talc has been implicated in the development of cancer. Both ovarian cancer and mesothelioma are associated with the use of cosmetic talc.  Mesothelioma, a cancer that is only caused by asbestos, is probably caused by the asbestos contaminant in talc. Exposure to cosmetic talc is associated with ovarian cancer, although scientists are not exactly sure of how it causes cancer. To read more on talc and cancer, click here.

What Can You Do?

You must check your children’s makeup products for the presence of talc. Talc may be described on a label as talc, talcum powder, magnesium silicate, or cosmetic talc. The FDA does not have pre-market review authority and cannot enforce any recall over cosmetics. Unfortunately, because of this regulatory gap, there is no federal agency with primary responsibility for regulating asbestos or talc in makeup.

First Joint J&J, Colgate Talc Mesothelioma Trial: $12M Verdict

By Leah M. McMorris, Esq. and Leslie-Anne Taylor, Esq.

Published on June 13, 2019

A California state court jury awarded $12 million dollars in damages to a 72-year old woman dying of mesothelioma.  The jury found that it was more likely than not that Johnson & Johnson’s Shower to Shower and Colgate’s Cashmere Bouquet talc powders contained the carcinogen asbestos, and that the asbestos in those powders caused Schmitz’s cancer.   Johnson & Johnson and Colgate are responsible for almost $10 million of that award.  The jury voted in plaintiff Patricia Schmitz’s favor on her claims of negligence, design defect, failure to warn and concealment, but they were unable to reach a decision on whether punitive damages were warranted, or on her claim that J&J intentionally misrepresented its powders as “pure”. This is the 11th verdict against Johnson and Johnson in a baby powder claim.

Patricia Schmitz, a former fifth grade teacher, testified that she used Johnson & Johnson and Colgate body powders for most of her life. Specifically, she said that she used either J&J’s baby powder or Colgate-Palmolive’s Cashmere Bouquet after showering. She also testified that she purchased Avon’s Night Magic talc powder as a young woman.

The jury awarded a total of $12 million damages to Ms. Schmitz, and allocated 40% of the responsibility for her damages to Johnson & Johnson, and another 40% of the responsibility to Colgate. Avon was allocated 20% of the responsibility, but they were not a defendant at trial.

The case is captioned as Schmitz v. Johnson & Johnson, No. RG18923615, Superior Court of the State of California, Alameda County (Oakland). J&J and Colgate both announced plans to appeal the verdict. Schmidt’s trial counsel said that he would appeal the jury’s failure to award punitive damages.

Johnson & Johnson face an additional 14,000 talc-related cancer claims according to a May regulatory filing. In February, J&J received subpoenas from the Securities and Exchange Commission and the United States Department of Justice seeking documents on the safety of its talc powders.

If you or a loved one has been diagnosed with cancer after using Johnson & Johnson or Colgate talc powders (including Shower to Shower Powder, baby powder, or Cashmere Bouquet), you may have a legal claim for damages. Call Thornton Law Firm’s female mesothelioma attorneys,  Leah McMorris or Leslie-Anne Taylor for a confidential, free  evaluation of your legal claim at 1-888-341-1405. Or tell us your story here to discuss your legal rights and how you should proceed. Do not delay seeking legal advice. Like all legal claims, talc powder lawsuits have short time limits within which they must be filed.

 

J&J Hit With $300 Million Punitives Award in Talc Mesothelioma Case

A New York state court jury ruled in favor of a woman in her suit against Johnson & Johnson alleging her mesothelioma was caused by her many years of exposure to J&J’s asbestos-containing talc powder. The jury awarded plaintiff Donna Olson, 66, and husband Robert Olson $25 million in compensatory damages –  $20 million for her pain and suffering, and $5 million for his loss of consortium. The jury also found Johnson & Johnson’s conduct was wanton and reckless, warranting an award of $300 million in punitive damages.

The lawsuit was filed in 2017, alleging daily use of J&J’s baby powder and scented Shower to Shower products from 1953 through 2015. Donna Olson was diagnosed with pleural mesothelioma in 2016. As part of her treatment, one of her lungs was removed. She was too ill to attend the trial. Her husband testified that it was her daily ritual to use Johnson and Johnson’s baby powder after she showered.

The jury rejected J&J claims that there was no asbestos in its powders. Instead, the jury found the company had been aware of the presence of asbestos in talcum powder for decades, yet had failed to warn consumers.

Beginning in 2009, lawsuits were filed in state and federal courts throughout the country alleging talc-based powders caused cancer. Trials against Johnson & Johnson alleging its talc-based powders caused cancer first began in 2013. This New York verdict is the 10th win for talc plaintiffs. It is the largest verdict in a claim that J&J talc powder contained asbestos and that asbestos caused the deadly asbestos-related cancer mesothelioma.

Johnson & Johnson announced plans to appeal the verdict. They face over 14,000 talc-related cancer claims according to a regulatory filing in May. In February, J&J received subpoenas from the United States Department of Justice and the Securities and Exchange Commission seeking documents on the safety of its talc products.

If you or a loved one has been diagnosed with cancer after using Johnson & Johnson talc powder (including baby powder and Shower to Shower Powder), you may have a legal claim for damages. Call Thornton Law Firm’s mesothelioma attorneys,  Leah McMorris or Leslie-Anne Taylor for a confidential, no-obligation evaluation of your legal rights at 1-888-341-1405. Or tell us your story here to discuss your legal claim and how you should proceed. Do not delay seeking legal advice. Like all legal claims, talc powder lawsuits have short, strictly enforced time limits for filing.

RCI Hospitality Holdings (RICK) Shareholder Investigation: Lawsuit Filed

By Garrett J. Bradley, Esq. and Guillaume Buell, Esq.

Published on June 3, 2019

A class action lawsuit has been filed on behalf of investors of RCI Hospitality Holdings (NASDAQ: RICK). Shareholders who purchased at least 1,000 shares of RICK stock between February 14, 2018 and May 10, 2019, and are interested in learning about participating as a lead plaintiff in the lawsuit, are encouraged to contact the Thornton Law Firm at shareholder@tenlaw.com, or call 617-531-3917 to discuss their rights.

Investors interested in serving as a lead plaintiff have until July 22, 2019 to apply. The lawsuit alleges violations of the federal securities laws, and the class has not yet been certified. Until certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member.

According to the lawsuit, RCI made misleading statements, as well as failed to disclose material adverse facts about the Company’s business and operations. Specifically, RCI allegedly failed to disclose to investors that: (1) the Company engaged in numerous transactions with the CEO, including lending him significant sums of money; (2) these practices were reasonably likely to lead to regulatory scrutiny; (3) as a result of investigations into the Company’s governance, the Company would be unable to timely file its financial statements; and (4) Defendants’ positive statements about the Company’s business were misleading or lacked a reasonable basis. As the news about RCI’s alleged misstatements was revealed, RCI’s stock price fell over $3.00 a share.

If you purchased at least 1,000 shares of RCI Hospitality stock (NASDAQ: RICK) between February 14, 2018 and May 10, 2019, and are interested in learning about serving as a lead plaintiff, please contact the Thornton Law Firm’s shareholder rights team at shareholder@tenlaw.com, or call 617-531-3917. All communications will be treated in a confidential manner.

Thornton Law Firm’s securities attorneys specialize in representing individual shareholders and institutional investors in recovering damages caused by corporate wrongdoing or fraud. Its attorneys have decades of experience litigating securities cases in courts throughout the country and have a proven track record of recovering losses on behalf of shareholders.

Whitestone REIT (WSR) Shareholder Investigation: Lawsuit Filed

By Garrett J. Bradley, Esq. and Guillaume Buell, Esq.

Published on May 31, 2019

A class action lawsuit has been filed on behalf of investors of Whitestone REIT (NYSE: WSR). Shareholders who purchased at least 1,000 shares of WSR stock between May 9, 2018 and February 27, 2019, and are interested in learning about participating as a lead plaintiff in the lawsuit, are encouraged to contact the Thornton Law Firm at shareholder@tenlaw.com, or call 617-531-3917 to discuss their rights.

Investors interested in serving as a lead plaintiff have until June 17, 2019 to apply. The lawsuit alleges violations of the federal securities laws, and the class has not yet been certified. Until certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member.

According to the lawsuit, Whitestone made materially false or misleading statements, or failed to disclose, that: (1) Whitestone lacked effective internal control over financial reporting; (2) Whitestone was incorrectly recognizing assets and liabilities; (3) Whitestone’s financial statements for the fiscal year 2018 were overstating revenues; and (4) Whitestone’s financial statements for the fiscal year 2018 could no longer be relied upon. Whitestone’s stock dropped over 14% when the alleged truth was disclosed to investors.

If you purchased at least 1,000 shares of Whitestone REIT stock (NYSE: WSR) between May 9, 2018 and February 27, 2019, and are interested in learning about serving as a lead plaintiff, please contact the Thornton Law Firm’s shareholder rights team at shareholder@tenlaw.com, or call 617-531-3917. All communications will be treated in a confidential manner.

Thornton Law Firm’s securities attorneys specialize in representing individual shareholders and institutional investors in recovering damages caused by corporate wrongdoing or fraud. Its attorneys have decades of experience litigating securities cases in courts throughout the country and have a proven track record of recovering losses on behalf of shareholders.

Contact Information:

 

Guillaume Buell
Thornton Law Firm LLP
1 Lincoln StreetBoston, Massachusetts 02111 

Email: gbuell@tenlaw.com

Tel: 617-531-3933

 

 

 

Johnson & Johnson Prolift Vaginal Mesh: $80M Verdict in Latest Trial

By Marilyn T.  McGoldrick, Esq.

Published on May 28, 2019

johnson-johnson-logo

A Philadelphia jury ordered Ethicon, a subsidiary of Johnson and Johnson, to pay $80 million dollars to a woman who was injured by her Prolift transvaginal mesh implant. The verdict included an award of $50 million dollars in punitive damages. This is the 10th mesh-related case tried in Philadelphia and the 8th verdict in favor of plaintiffs.

Patricia Mesigian was implanted with Ethicon’s Prolift mesh in 2008 when she was 64. The implant was intended to treat her pelvic organ prolapse, a condition where the muscles supporting the organs weaken allowing the organs to drop down and press on or into the vagina. Instead of treating her condition, the implant caused her vaginal bleeding and pain, discomfort during sex, infection, and inflammation. Eventually the mesh eroded into her vagina and she endured 5 surgeries and two chemical burn treatments in an attempt to remove the mesh which was embedded in scar tissue.

The jury deliberated two days before reaching its verdict. They found the Prolift implant was defective and that the defendants failed to adequately describe the risks.  The jury awarded Ms. Mesigian $30 million in compensatory damages.

This is the second verdict against Ethicon in less than one month. An Altoona woman was awarded $120 million in April for the defective mesh she was implanted with to treat urinary incontinence. The verdict comes in the wake of the FDA’s decision to ban the last two manufacturers of pelvic mesh, Boston Scientific and Coloplast, from selling or distributing mesh products for transvaginal repair of pelvic organ prolapse in the United States. The FDA said that the manufacturers were unable to show that the products were safe or effective for the treatment of organ prolapse, compared to repair procedure using native tissues. Johnson & Johnson’s Ethicon unit stopped selling the Prolift transvaginal mesh implants in 2012.

J&J’s Ethicon issued a statement saying that the verdict was “inconsistent with the science” and that they plan to appeal.

Any woman who has mesh implanted to treat pelvic organ prolapse who is having any symptoms connected with the implant should contact her doctor immediately. The injuries caused by defective transvaginal mesh may include vaginal bleeding or discharge, severe pelvic or groin pain, infection, pain during sexual intercourse, urinary problems, or perforated organs from mesh eroding into surrounding tissues. Do not delay seeking medical attention if you have any symptoms you believe are related to your transvaginal mesh implant.

If you would like to explore your legal options regarding your mesh implant, call the transvaginal mesh lawyers at Thornton Law Firm at 888-491-9726 to talk with Attorney Marilyn McGoldrick. You can also tell us your story online for a confidential, free evaluation of your claim.

 

 

 

Pinterest Inc. IPO Shareholder Investigation (PINS)

By Guillaume Buell, Esq. and Garrett J. Bradley, Esq.

Published on May 27, 2019

Thornton Law Firm LLP announces that it is investigating a potential securities class action on behalf of purchasers of the securities of Pinterest Inc. (NYSE ticker: PINS) pursuant to, or traceable to, the registration statement and prospectus issued in connection with Pinterest’s April 2019 initial public offering (“IPO”). The investigation involves possible violations of the federal securities laws.

If you purchased Pinterest Inc. stock, you may have a claim for damages resulting from misstatements in the Pinterest IPO prospectus and registration statement. If you are interested in pursuing this claim, or to discuss your legal rights, please email shareholder@tenlaw.com, or call 617-531-3933.

If you purchased or otherwise acquired Pinterest stock (NYSE: PINS) pursuant to its IPO, you may have a claim for damages. Please contact the Thornton Law Firm’s shareholder rights team at shareholder@tenlaw.com, or call 617-531-3933.

Thornton Law Firm’s securities attorneys specialize in representing individual shareholders and institutional investors in recovering damages caused by corporate wrongdoing or fraud. Its attorneys have decades of experience litigating securities cases in courts throughout the country and have a proven track record of recovering losses on behalf of shareholders.

Thornton Law Firm Appointed Co-Lead Counsel in Securities Class Action Alleging Misconduct Against Adient plc

By Garrett J. Bradley, Esq. and Guillaume Buell, Esq.

Published on May 15, 2019

Thornton Law Firm has been appointed co-Lead Counsel in a federal securities class action pending against the seat manufacturing company Adient plc, its former CEO, and its CFO. The case is In re Adient plc Securities Litigation., No. 18-cv-9116. The lawsuit is pending in the United States District Court for the Southern District of New York. Thornton Law Firm will aggressively seek to recover investment losses suffered by Adient investors as a result of the Adient defendants’ material misstatements and omissions concerning the Company’s operations and finances. The investigation and lawsuit focuses on misstatements and omissions during the October 2016 to June 2018 time period.

The Thornton Law Firm team litigating this class action is led by attorney Guillaume Buell, who co-chairs the Firm’s securities litigation practice and has an established track record of obtaining favorable results in securities class action. In remarks after the Court’s appointment of Bristol County as Lead Plaintiff and Thornton Law Firm as co-Lead Counsel, Mr. Buell stated: “We look forward to working tirelessly on behalf of the putative class of Adient shareholders the Complaint seeks relief for. Our team is ready to roll up our sleeves and get to work for Adient’s shareholders.” The sentiment was echoed by Thornton Managing Partner Garrett Bradley: “Our Firm is dedicated to investing the resources necessary to investigate this alleged misconduct.”

Thornton Law Firm, based in Boston, Massachusetts and with its second office in Beverly Hills, California, is the preeminent plaintiffs’ law firm in New England. For over four decades, it has tirelessly fought on behalf of injured consumers and shareholders. Its securities litigation team has a proven track record of success in securities litigation. Anyone with questions regarding this litigation, or any other securities or consumer litigation matter, is encouraged to contact the Firm’s class action practice at (617) 720-1333 or shareholder@tenlaw.com. The Firm is presently prosecuting a range of lawsuits arising under the federal securities laws in state and federal courts across the country. For more, visit us at www.tenlaw.com/securities-litigation.

2 Billion Awarded in Monsanto Roundup Cancer Claim

By David C. Strouss, Esq.

Published on May 14, 2019

A northern California jury awarded $2 billion dollars in punitive damages against Bayer to  a couple who used Roundup weedkiller and have been diagnosed with non-Hodgkin’s lymphoma. Ruling that the plaintiffs’ use of Monsanto’s Roundup weedkiller was a “substantial factor” in the development of their non-Hodgkin’s lymphoma, the jury’s verdict was the largest jury award in the United States this year, and the eighth largest in a product liability claim in history. Monsanto was acquired by German pharmaceutical corporation Bayer in 2018.

Plaintiffs Alva and Albert Pilliod, both in their 70s, are residents of Livermore, California. They used Roundup, the world’s most widely used weedkiller, to landscape their home and other properties for over 30 years, from 1975 until 2011.

Both went on to develop non-Hodgkin’s lymphoma (also known as non-Hodgkin lymphoma, or NHL). Alva was diagnosed in 2011 with systemic NHL in his bones, which spread to his pelvis and spine.  Alberta Pilliod was diagnosed with NHL brain cancer in 2015. Both are in remission. The trial was expedited due to their poor health and shorter life expectancies.

The jury found that Monsanto failed to warn the Pilliods of the risk of developing cancer. Each plaintiff was awarded $1 billion dollars in punitive damages. They were also awarded $55 million in compensatory damages for medical costs, pain and suffering, and other losses; Alva was awarded $37 million and Alberta $18 million. It is likely the punitive damages award will be reduced based on recent Supreme Court decisions limiting punitive damages.

This is the third trial lost by Bayer over Roundup cancer claims. Plaintiff Edwin Hardeman was awarded $80 million dollars earlier this year; in 2018 plaintiff Dewayne Johnson was awarded $289 million, although that verdict was later reduced by the trial judge to $78 million.

Research has linked NHL, a cancer that affects the immune system, to glyphosate exposure. The plaintiffs’ trial counsel presented internal Monsanto documents as evidence of the close relationship between Monsanto and U.S. regulators and scientists. They argued that Monsanto worked so closely with scientists writing purportedly neutral studies that Monsanto “ghostwrote” the published science.

After the trial, a Bayer lawyer asked one juror what the panel had wanted hear from Bayer in defense of the claim that Roundup is safe. The juror responded:  “I wanted you to get up and drink it.” One of the Pilliod’s trial attorneys said after the verdict: “Monsanto has never had any interest in finding out whether Roundup is safe. Instead of investing in sound science, they invested millions in attacking science that threatened their business agenda.”

Attorney Strouss and Thornton Law Firm have a longstanding history of litigation involving Roundup. We filed suit against Monsanto in Delaware in 2012 on behalf of several children with serious birth injuries including spina bifida; their parents were tobacco farmers in Argentina.  We will use our experience and expertise in representing people with cancer from other exposures to toxic substances in representing individuals with non-Hodgkin’s lymphoma from using Roundup, the largest-selling weedkiller worldwide.  If you or a loved one has been diagnosed with non-Hodgkin’s lymphoma after heavy exposure to Roundup, please call Attorney David Strouss at 888-491-9726 or tell us your story online here.

 

The Boeing Company (BA) Shareholder Investigation: Lawsuit Filed

By Guillaume Buell, Esq. and Garrett  J. Bradley, Esq.

Published on May 10, 2019

Boeing shareholders who purchased or acquired Boeing stock (NYSE ticker: BA) between January 1, 2019 and May 10, 2019, and are interested in learning about their potential rights to recover in a securities class action lawsuit pending against Boeing, please email the Thornton Law Firm at shareholder@tenlaw.com, or call 617-531-3933

Thornton Law Firm LLP is investigating a securities class action on behalf of shareholders and investors who purchased the securities of The Boeing Company (NYSE ticker: BA). The investigation involves possible violations of the federal securities laws by Boeing.

According to the lawsuit, Boeing prioritized profitability ahead of airplane safety. Boeing may have misled investors about the sustainability of Boeing’s core Commercial Airplanes segment by maintaining that the Boeing 737 MAX was a safe airplane. Boeing made these statements all while concealing the full extent of safety problems caused by the placement of larger engines on the 737 MAX that changed the handling characteristics of the 737 MAX from previous models. These handling characteristics included the danger of the increased pitch-up tendencies. These changes required special safety features, some of which Boeing installed only as “extras” or “optional features.”

As a result of Boeing’s alleged misconduct, as the news about Boeing’s alleged misconduct was revealed, Boeing’s (BA) stock plunged nearly $70 per share, from approximately $440 a share to $372 a share, the complaint alleges.

If you purchased or otherwise acquired Boeing stock (NYSE: BA) between January 1, 2019 and May 10, 2019, you may have a claim for damages. Please contact the Thornton Law Firm’s shareholder rights team at shareholder@tenlaw.com, or call 617-531-3933.

Thornton Law Firm’s securities attorneys specialize in representing individual shareholders and institutional investors in recovering damages caused by corporate wrongdoing or fraud. Its attorneys have decades of experience litigating securities cases in courts throughout the country and have a proven track record of recovering losses on behalf of shareholders.

Contact Information:

Guillaume O. Buell
Thornton Law Firm LLP
1 Lincoln Street
Boston, Massachusetts 02111Email: gbuell@tenlaw.comTel: 617-531-3933 
 

 

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