Woman Settles Lawsuit with Sephora
Makeup giant Sephora has recently settled a lawsuit with a Glendale woman who claimed she contracted an oral herpes infection from a lipstick sample. The suit was filed against Sephora in October 2017 after a woman said she got a cold sore on her lip after applying a lipstick sample at one of its stores at Highland Avenue and Hollywood Boulevard in California. The lawsuit stated that she did not have cold sores or herpes before visiting the store to try on the lipstick sample. The suit also said the company should have known the risks exposed to its consumers from the use of their product samples. Conversely, the terms of the settlement agreement were not disclosed publicly.
Are Makeup Samples Safe?
Makeup testers are not always as safe as one may think. The case discussed above sheds light on how cosmetic store samples can cause illness or injury in many ways. A recent undercover investigation by CBC News at various makeup stores, including Sephora, showed that many of the cosmetic testers contained harmful bacteria. They included Klebsiella pneumoniae and E. Coli, two types of bacterium that normally live in the intestinal tract of humans and animals. Staphylococcus aureus also tested positive in the same investigation. This type of bacteria can lead to a severe infection, especially if there is an open cut or wound on the skin. To learn more about the dangers of makeup testers, watch the below video.
Safety Tips for Using In-Store Cosmetic Testers
There a few things to keep in mind when planning to apply makeup at retail stores. The most dangerous cosmetics to try on are mascara, lip glosses, and lipsticks since they involve the mouth and eyes. These products are likely to harbor bacteria that can cause an infection. Follow these safety tips from Allure.com when using makeup testers:
- Avoid applying products on your face. To drastically slim down your chances of an infection, do not put a tester on your face. Use your wrist or hand to swatch a product.
- Do not be afraid to ask for a new tester. There are a few things you cannot clean and sanitize such as liquid foundations, lip glosses, and mascara. More often than not a makeup store employee will be glad to open a new tester for you.
- Pay attention when you are having your makeup done. If you are unsure whether your makeup artist has excellent hygiene etiquette and practice, look at the brushes and makeup station. If the brushes and station are not clean, politely excuse yourself and find another makeup artist.
- Purchase the product and try it at home. This is the safest way of testing out a product and making sure it suits you. Most cosmetic stores have flexible return policies that allow you to bring a product back within a certain amount of time if it did not work out for you.
- Wipe off the surface of an eyeshadow or blush palette with a tissue before trying on. Be sure to use a clean, sanitized brush before applying the product.
- Use a pencil sharpener for lip liners, brow pencils, and eyeliners. This can help remove the layer that may have been exposed to other people. However, this is not a guarantee that this practice is entirely safe.
What is a Products Liability Claim?
Dangerous or defective products cause trauma to many consumers each year, leaving those affected to suffer financially and emotionally. Most large corporations place profit above consumer safety, which can lead to illness, injury, or even wrongful death. When this happens, an injured party or family of a decedent may bring a products liability claim for damages incurred. Products liability is an area of personal injury law that refers to a manufacturer or corporation being held financially responsible for selling a defective or dangerous product to a consumer. These cases will often require the assistance of an experienced Stockton personal injury attorney to conduct an independent investigation to prove liability. Once the attorney gathers all of the necessary evidence, negotiation for a fair settlement will be made on your behalf.
Elements of a Products Liability Claim
A successful products liability lawsuit is composed of specific elements. They must prove there was an injury, damages were suffered, the product is faulty, the defect was the exact cause of the trauma, and the product was being used by the consumer as intended at the time of the injury. An experienced attorney can help compile the evidence needed to prove all of these elements to obtain a favorable recovery for you.
What Damages Can Be Recovered in a Products Liability Lawsuit?
Compensation for an injury caused by a defective product typically includes economic and noneconomic damages. Economic damages reimburse an injured person for any financial losses or out-of-pocket expenses such as past and future medical bills, past and future wage loss, and costs to repair or replace damaged property. Noneconomic damages are intended to make an injured party whole again after the injury for disfigurement, loss of consortium, and pain and suffering. Punitive damages are awarded under certain circumstances and are intended to penalize the negligent entity for gross negligence and intentional misconduct. This is also expected to deter similar behavior in the future.
Stockton Personal Injury Lawyer
I’m Ed Smith, a Stockton personal injury lawyer. Injuries resulting from the use of a defective product can result in substantial financial, emotional, and physical stress. If you or a loved one has been injured by a defective product, you may benefit from the insight of an experienced attorney. Please give me a call anytime at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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