Mesothelioma Victim Blames Talc in Avon Powders for her Illness
When 61-year-old Kim Young was diagnosed with peritoneal mesothelioma, it came as a shock. Though she had never worked with asbestos, she quickly learned of studies showing asbestos-contamination of talc in cosmetic products she’d used throughout her life. She filed suit against Avon Products Inc. and their talc suppliers, and though the supplier quickly moved to have her case dismissed, a New York judge denied their motion for summary judgment and allowed the case to proceed.
Woman with Mesothelioma Describes Years of Avon Powder Use
In her testimony, the mesothelioma victim recalled over 30 years of using Avon’s products, specifically “Unforgettable,” “Bird of Paradise,” and “Skin So Soft” talc powders. She remembered her mother using the products and using them on her after her baths when she was four or five years old in 1961. She described applying the powders herself once she was ten or eleven years old and applying more when going out with friends. She recalled using her finger to write in the powder on countertops where it had collected, and the “dusty environment” that was created when she shook the bottle into her hands or used a powder puff.
Talc Supplier Named in Woman’s Mesothelioma Lawsuit
The motion for summary judgment was filed by Whittaker, Clark & Daniels, Inc, a talc supplier to Avon named in Mrs. Young’s mesothelioma lawsuit. The company argued that they should not be held liable for her illness and damages because she could not establish that their talc was specifically in the powders she had used, or that the talc that they had sold was contaminated with asbestos.
Judge Allows Mesothelioma Claim to Continue
Though Whittaker, Clark & Daniels claimed that Mrs. Young’s mesothelioma claim was based on insufficient establishment of causation, Justice Manuel J. Mendez of the New York City Asbestos Litigation Court disagreed, writing, “There remains issues of fact as to whether WCD’s talc used in Avon’s talc products, “Unforgettable,” “Bird of Paradise” and “Skin So Soft” during the relevant period of 1961 through 1999 exposed Mrs. Young to asbestos and caused her mesothelioma, warranting denial of summary judgment.”
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