A mesothelioma lawsuit that alleges a Colgate-Palmolive cosmetic product containing asbestos led to the development of the deadly cancer in a woman will be allowed to proceed, a New York judge has ruled.
Arlene Feinberg alleges in a mesothelioma lawsuit filed by she and her husband that her use of against the cosmetic company’s Cashmere Bouquet talcum powder from the 1950s until the 1980s led to her eventual development of mesothelioma.
The lawsuit states that the talcum powder contained asbestos, and included a failure-to-warn claim that says the product should have had a warning to consumers that it could contain such a dangerous substance.
While Colgate tried to have the Feinberg’s lawsuit dismissed, claiming that the Food, Drug and Cosmetic Act that was enacted in 1997 and regulates the labeling of products frees them from any liability. However, Manhattan Supreme Court Justice Sherry Klein Heitler disagreed and stated in her February 22 ruling that the law does not apply to injuries sustained before 1997.
“Colgate’s motion must be denied because it seeks to apply the 1997 pre-emption clause to events that had their genesis more than 45 years before it existed, and which ceased to occur almost 20 years before Congress sought to legislate the labeling of cosmetic products,” she wrote, according to the Legal Intelligencer (subscription required).
If you or a loved one has been exposed to asbestos and now suffers from mesothelioma, contact Sokolove Law today to learn more about pursuing a mesothelioma claim.