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Toxic, Unmarked Nail Polish May Lead to Birth Injuries

Who knew that beauty could be so deadly?

The Department of Toxic Substances Control recently released a report indicating that a number of different types of nail polishes, each containing high levels of chemicals linked to birth defects, have been sold to salons and consumers without proper warning labels.

According to a report by MSNBC, the use of the chemicals in nail products is not illegal if the products are properly labeled, but agency officials said the lack of warning is tantamount to a false claim, which in turn might be a violation of a state law that requires disclosure of harmful chemicals in consumer products.

When corporations manufacture a product, they have the responsibility of ensuring its safety before the product is put on the market and sold to consumers. When a company makes a product that is defective or dangerous and that product harms the person using that product, the company may be held legally responsible for the customer’s injuries. This type of situation would give rise to an Illinois product liability lawsuit.

There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;


2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;
and,
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

This situation would potentially fall into the latter category. Concerns arise particularly in situations where the nail polishes are used in salons; both consumers and salon workers alike are unknowingly exposed to the toxic substances, and may suffer harm as a result.

The concerning chemicals in the nail polishes are toluene, dibutyl phthalate (DBP) and formaldehyde, which are known as the toxic trio. Regulators have said that exposure to large amounts of the chemicals has been linked to developmental problems, asthma and other illnesses, reports MSNBC.

As it currently stands, many countries worldwide – including the United States – require that nail products containing these chemicals carry warning labels regarding health risks. Depending on the situation at hand, this could be the basis for Illinois product liability claims if people are exposed to the chemicals in the products and, because they were not adequately warned to avoid the dangers, are injured as a result of using the polish.

When companies are held responsible in Illinois product liability lawsuits – such as those that may arise if women are harmed by the chemicals in the nail polish – the responsible corporations may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, if the chemical exposure inadvertently leads to birth injuries, the company may also be liable for damages to compensate the woman for medical bills to treat the child’s injuries, as well as damages to offset the loss of a normal life that the child otherwise would have enjoyed.

If you or a loved one has suffered as a result of a dangerous product, you may be entitled to compensation for your injuries. Please contact an attorney immediately to be apprised of your rights under the law.