WASHINGTON -- The Food and Drug Administration's confirmation of asbestos in some Claire's makeup has sparked calls in and out of the agency to expand cosmetics' regulatory safeguards.
The FDA has been looking into asbestos reports at Claire's, which also sells teen- and tween-oriented jewelry and accessories, since 2017. Though Claire's voluntarily pulled the products, it would not honor the agency's request to recall the company-branded compact powder, eye shadow and contouring kits had tested positive for asbestos.
The recall was requested because the products "should not be used by consumers," the agency said in a statement Tuesday from departing FDA Commissioner Scott Gottlieb and Susan Mayne, director of the Center for Food Safety and Applied Nutrition. "Claire's has refused to comply with the FDA's request, and the agency does not have authority to mandate a recall."
Because the FDA had no way to force the chain to take action, it issued a safety alert warning customers to steer clear of the three products.
The issue exposes the limitations of the agency's powers, the statement said, as well as the holes in cosmetics regulations, which haven't been updated since they were put in place in 1938, despite significant changes in the industry over the past few decades.
"These findings serve as an important reminder that under our current authority, the FDA only has limited tools to ensure the safety of cosmetics products," the statement read. "We are dependent on manufacturers to take steps to ensure the safety of their products."
Claire's, which clawed its way out of bankruptcy in October after unloading $1.9 billion in debt, disputes the FDA results, claiming they contain "significant errors."
"The FDA test reports have mischaracterized fibers in the products as asbestos, in direct contradiction to established EPA and USP [United States Pharmacopeia] criterion for classifying asbestos fibers," Claire's spokesman Melanie Berry said in a statement. "Despite our efforts to discuss these issues with the FDA, they insisted on moving forward with their release. We are disappointed that the FDA has taken this step, and we will continue to work with them to demonstrate the safety of our products."
The Illinois-based chain, which is owned by Ascena Retail Group Inc., said there is "no evidence" its products are unsafe, but said it has pulled the products identified by the FDA from stores "out of an abundance of caution."
The agency said it intends to review cosmetics manufacturers' safety procedures, particularly with regard to asbestos. It also is creating a registry where makeup manufacturers, distributors and packers can provide health information about their products.
Business on 03/07/2019