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Wednesday, July 21, 2010

Is the Cosmetic Industry the Next Tobacco or Asbestos?

The health dangers emanating from the unregulated cosmetic industry are becoming more apparent and more tragic. The serious health consequences of exposures flowing from the cosmetic industry may generate the next wave of mass tort litigation based on the predictability of emerging workers' compensation trends. 

Within the past few weeks, the carcinogenic properties of sunscreen products, which are advertised to inhibit cancer, have been reported to possibly causing it themselves. The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves.

The Safe Cosmetics Act, now under consideration by Congress, will help protect workers' health.  The proposed legislation would establish a Center for Postmarket Drug Safety and Effectiveness.

Additionally,  The Protection America's Workers Act provides additional safeguards to workers. Thhe proposed legislation will:

*Expand workplace protections to state, county, municipal, and federal
employees who are not currently covered by the Occupational Safety and
Health Act

* Increase financial penalties for those who kill or endanger workers

* Strengthen criminal penalties to make felony charges available
for willful negligence causing death or serious injury

* Expand OSHA coverage to millions of employees who fall through
the cracks (like airline and railroad workers)

* Provide protection for whistleblowers

* Give employees the right to refuse hazardous work that may kill them

* Improve the rights of workers and families, requiring OSHA to
investigate all cases of death

* Prohibit employers from discouraging reporting of injury or illness

Cosmetics industry has far too long relied upon a self-insurance schema and a lobbying effort  to protect its fortunes and not its workers. Emerging litigation in the workers' compensation arena traditionally explodes into mass torts. This has been the historical pattern evidenced by asbestos, tobacco and latex. The initial claims have already been successfully prosecuted for injured workers exposed to fragrances. Hopefully the next wave can be avoided and quick government regulation of the cosmetic and fragrance industry can avoid the inevitable and the workplace can be made safer.

Click here to read more about cosmetics and fragrances and workers compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.