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Johnson & Johnson Baby Shampoo

Action Case Against Johnson & Johnson Baby Shampoo gets Go Ahead!

Millions of us have used these Johnson & Johnson Baby Shampoo with no visible harm for years. But still it’s good we have consumer organizations like “Campaign for Safe Cosmetics,” working on our behalf.
“Johnson Baby Shampoo Unsafe? Whats Next Mom and Apple Pie?”
A class action suit filed last year alleging that Johnson & Johnson Baby Shampoo and other baby shampoos are unfit for sale, has just been given the go-ahead by a federal judge in Newark, New Jersey.

U.S. District Court Judge Dennis Cavanaugh, based his decision on the discovery of a single chemical, methylene chloride, which the Food and Drug Administration banned for use in cosmetics in 1989. The use of this substance in cosmetic products is prohibited because of its animal carcinogenicity and likely hazard to human health. The other two potential cancer-causing chemicals listed in the lawsuit are formaldehyde and 1,4-dioxane and are byproducts.

According to the Associated Press, Johnson & Johnson says that trace levels of the two chemicals are not listed as ingredients because they are contaminants; byproducts of the processes used to create the shampoo. As of May of 2009, the company indicated they had no plans to remove the two chemicals from their products.

Law.com reports, “According to the suits, the FDA banned the use of methylene chloride because it threatens an elevated risk of cancer. If the substance occurs as a byproduct of other chemical reactions within a product, it can be removed by a process called “vacuum stripping,” but the defendants chose not to do so, the suits say.”

Johnson & Johnson Baby Shampoo as well as Wal-Mart Tearless Baby Wash were named as containing the harmful contaminants.

The lawsuits came about following a report, “No More Toxic Tub,” in March 2009 from the group, Campaign for Safe Cosmetics. They say, “Despite marketing claims like “gentle” and “pure”, dozens of top-selling children’s bath products are contaminated with the cancer-causing chemicals formaldehyde and 1,4-dioxane.

I spoke with Stacy Malkan, communications director for Campaign for Safe Cosmetics, a national coalition of consumer health and environmental groups, she said, “What we want is for product manufacturers to be required to be transparent about what is in their products. Right now they are not responsible to list contaminants that may be in preservatives or fragrances. We would like to have laws changed to make them responsible for a complete list of ingredients on their products.”

The lawsuit, brought on by two women from St. Louis, does not allege that anyone has been harmed from these baby shampoos. They suit says that the presence of these chemicals were found and not disclosed by the companies.

Judge Cavanaugh ruled they have standing to sue over the presence of methylene chloride, because it has been legally prohibited, however they lack standing to bring claims for economic damages for use of the other two chemicals, as they are permitted by the FDA, according to Law.com.

On April 29, 2009, Sen. Kirsten Gillibrand (D-N.Y.) introduced the Safe Baby Products Act, which directs the Food and Drug Administration to investigate and regulate hazardous contaminants in personal care products marketed to or used by children. She introduced the bill in response to the “Toxic Tub” report.

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