Aldrich Law Firm, Ltd.
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Lawsuit against cosmetics company highlights emotional damage

Often, when there is a products liability suit against a company in Nevada or elsewhere, someone claimed to have been injured, either as a result of a faulty design or a manufacturing defect. It is possible, however, for an unhappy consumer to make a case against a product for financial or emotional harm. In many instances, this involves the health and beauty industry.

Recently, a mother and her 11-year-old daughter joined a class action lawsuit against the cosmetics company WEN by Chaz Dean. Reportedly, a type of shampoo that the company claimed would strengthen and thicken hair resulted in hair loss for thousands of customers. Consumers also said the product caused rashes. After 21,000 complaints were filed against the company, the U.S. Food and Drug Administration began an investigation. The administration rarely issues safety alerts, but sent one out after reviewing the complaints. Evidence against the product included pictures of the little girl showing massive hair loss around her entire scalp.

Claims against cosmetics manufacturers may result from the fact that the FDA has limited power to regulate the manufacture and distribution of such products as shampoo, cosmetics and baby wipes. For example, a company that claims it does not test its products on animals may face legal issues, if inadequate human testing resulted in health and safety problems or failed to deliver the results that consumers expected. A product that causes hair loss may result in psychological harm, especially if the effects are permanent.

It is easy to see how a harmful cosmetic product can make it onto shelves without being tested for safety. If the effects of using a product result in emotional damage, rather than physical harm, consumers are no less entitled to seek compensation.

Source: CBS News, “FDA issues safety alert for popular hair care product over hair loss complaints,” Jericka Duncan, Aug. 18, 2016

John P. Aldrich
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