Shopkeeper who sold banned skin cream risked product liability claim


The dangers of unwittingly using cosmetics which can cause harm and possibly lead to a product liability compensation claim were highlighted by a Manchester court case.

A shopkeeper who sold skin bleaching creams containing a banned chemical linked with a number of health problems had to pay fines and costs of nearly £1,600 after Manchester City Council trading standards officers checked stock in his shop and found the suspicious cosmetics.

When the 11 brands of creams, with names such as Crusader, Miss Caroline and Lite n Lovely, were tested, they were found to contain hydroquinone which has been banned in the UK since 2000.

This severely toxic and very powerful chemical is used in photo processing, the manufacture of rubber and is an active agent in hair dyes. When applied to the skin, the short-term effect is of skin lightening but then, as the sun's ultra violet rays act on the skin, it thickens collagen fibres, damaging connective tissue and resulting in a blotchy appearance so the consumer uses more of the cream to counteract that effect, setting up a vicious circle.

By altering the skin's natural structure and inhibiting the production of melanin, its natural protection, the skin becomes more susceptible to skin cancer. Other serious long-term health prospects for users of products containing hydroquinone include kidney and liver damage, especially if mercury is also involved.

The shopkeeper who was convicted of selling the illegal cream said he was supplied by a man whose surname he did not know and who had distributed the products from the back of his car. A mobile phone number he gave was not answered.

Manchester City Council's Executive Member for the Environment, said, "This prosecution sends out a clear message that other irresponsible traders will not get away with jeopardising the health of Manchester residents."

Potential dangers and personal injury compensation

Skin lightening products have been available for the last 50 years. Their use has become more widespread as society becomes increasingly image conscious and people are prepared to try all manner of treatments to reflect the image they desire.

Manufacturers who are exploiting this huge market may not fully appreciate the side-effects of their products, the labelling on containers may be insufficient to inform customers or it can be deliberately misleading.

Whatever the reason, consumers should be completely informed of the potential dangers posed by these creams.

The Cosmetic, Toiletry and Perfumery Association (CTPA) is an association of UK manufacturers of cosmetic, toiletry and perfumery products. Its websitehas extensive information about the composition of beauty products and advice on allergens, testing and safety laws to protect consumers.

Following the UK ban on hydroquinone-based products, manufacturers are developing similar creams using kajoic acid but this, too, also works by inhibiting melanin production with the same issues about the possibility of skin cancer developing.

Creams containing hydroquinone and kajoic acid are available in other countries and through internet sales so, before buying, consumers need to be aware of the possible dangers of their use.

If a consumer has unwittingly bought and used these types of cosmetic, they may be eligible to make a product liability claim and seek personal injury compensation from the supplier and manufacturer.

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