Big-Name Cosmetic Companies Must Face Mesothelioma Charges
When you think of mesothelioma and its causes, you usually picture a factory or construction worker whose asbestos exposure occurred in the workplace. But Victoria Kaye’s illness is being blamed on asbestos contamination of the cosmetic talc products she used throughout her life, and her family is pursuing justice against well-known beauty companies including Chanel and Revlon.
Revlon and Chanel Ask to Be Dismissed from Mesothelioma Claim
The Supreme Court of the State of New York recently saw legal filings from Revlon, Inc. and Chanel, Inc., asking to be dismissed from the wrongful death mesothelioma lawsuit filed by Victoria Kaye’s surviving family members. Though each company’s petition cited different justifications for seeking dismissal, neither was successful.
Revlon’s motion for summary judgment asserted that the Charlie-brand talcum powder that Ms. Kaye’s family said she’d used from 1968 to 1976 had not begun being manufactured until 1974, that it had not contained asbestos, and that there’s no proof that talc causes mesothelioma. For its part, Chanel, Inc. requested that the punitive damages claim the company had filed against them be dismissed because there was no evidence of the level of disregard required to justify the claim. They asserted that they had been unaware of asbestos’ dangers.
Judge Denies Both Cosmetic Company’s Requests for Dismissal from Mesothelioma Lawsuit
Justice Adam Silvera heard both of the petitions in the mesothelioma claim and in denying each company’s request, he pointed to weaknesses in their argument. He said that the representative testifying on behalf of Revlon had no personal knowledge of their product manufacturing or development during the period in question and that no evidence had been provided about the presence or absence of asbestos in the product.
As for Chanel, he said that the company had failed to provide proof that they had not been reckless in their actions regarding asbestos in the talc, while Ms. Kaye’s family had submitted significant evidence that they had been aware of contamination but had continued selling the product.
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