3 Steps to Help Prevent and Manage Cosmetics Product Liability Claims

By Richard G. Randazzo, president, Invision

Wax has been used for centuries to remove hair, but that doesn’t mean your average user has made advances in applying it. Cosmetic depilatory wax products regularly cause serious burns and costly claims for cosmetics manufacturers, as any insurance agent serving the cosmetic industry knows. In product liability cases, claimants do not have to prove a manufacturer was negligent, only that the product was defective.

2. Keep thorough documentation for manufacturing, testing and packaging. Not only does this help keep operations safe, but it can also help a manufacturer to demonstrate due diligence in a claims situation. Documentation should include how product testing was done, what it was done on and whether it was done by an independent lab, as well as identifying information for coded batches. If there is a claim, this information helps your client make the case that harm was caused by operator error and not a product defect.

3. Properly prepare samples. Properly prepared samples are crucial and batch sampling and coding are the cornerstones of safe cosmetics manufacturing. Every single container of your client’s product should be stamped with a batch code. That code should be easy to find, consistent across all packaging and resistant to fading under normal use. It should refer back to at least 20 samples pulled from the corresponding batch of the product. If your client falls short in one of those areas, they are denying themselves a fair case if a user claims injury from the product. Samples provided by claimants are not a reliable test of whether or not the manufacturer is at fault.

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