September 23, 2019

September 20, 2019

Subscribe to Latest Legal News and Analysis

Hidden Costs of Common Beauty Treatments?

The “toxic trio” is a foreboding name some associate with common and seemingly innocuous manicures and pedicures. Salon workers suffer higher-than-average rates of birth defects, miscarriages, cancers, and skin afflictions stemming from their daily use of nail products, many of which contain potentially harmful chemicals. A New York Times exposé on the health conditions affecting nail salon workers has thrust this issue, which exists largely outside FDA’s authority, into the regulatory spotlight.

The toxic trio refers to the following three chemicals: 

  1. Dibutyl Phthalate (DBP) – used to make nail polish pliable
  2. Toluene – a solvent that helps polish glide on smoothly
  3. Formaldehyde – used to harden polish

CosmeticsDPB is listed as a reproductive toxicant in Australia, and both DPB and formaldehyde will be banned from cosmetics in the European Union by 2016, but the trio is subject to limited regulation in the U.S. Manufacturers are allowed to use any non-prohibited ingredient in the formulation of a cosmetic, provided the ingredient and the finished cosmetic are safe under labeled or customary conditions of use. FDA does not play a part in determining safety of ingredients, which is the responsibility of companies that manufacture or market cosmetics.

The manicurist’s toxic trio is not alone as a beauty treatment containing potentially harmful chemicals. In 2014, Brazilian Blowout settled a $4.5 million class-action lawsuit alleging that two of the company’s hair smoothing products contained formaldehyde and other harsh chemicals, which Brazilian Blowout failed to disclose and affirmatively represented as absent in its labeling stating “contain[s] no formaldehyde” and “contain[s] no harsh chemicals.”

There has been a recent push to increase FDA’s regulatory authority over cosmetic products, including the introduction of the widely-supported Personal Care Products Safety Act, to the Senate in April (more here). If these efforts are successful, cosmetic manufacturers may soon be prohibited from using potentially harmful chemicals such as formaldehyde, DBP, and toluene in their products.

Katharine Fox contributed to this post.

©1994-2019 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.

TRENDING LEGAL ANALYSIS


About this Author

Staying in compliance with federal, state, Canadian, and international consumer product safety requirements and responding appropriately when there’s a potential hazard or product defect can help you avoid costly fines and enforcement actions as well as safeguard your organization’s reputation with consumers. Mintz Levin's Consumer Product Safety Practice is known for its capabilities and knowledge of product safety laws, regulations, and policies, including those of the US Consumer Product Safety Commission (CPSC), Health Canada, the European Union, Asia, individual US...

202-434-7311