Lawsuit Investigation: Eye Shadow, Makeup Causing Irritation?

Attorneys working with ClassAction.org are investigating whether class action lawsuits can be filed against the manufacturers of certain eye shadow and other eye makeup products that may contain ingredients that are banned by the FDA.

Specifically, it’s believed that these makeup products are being marketed for use in the eye area even though they contain color additives that have not been approved for that purpose and could cause eye irritation. In fact, some consumers are complaining that their eyelids burn after applying the makeup, and other users have reported experiencing inflammation or other harm in or around their eyes.

The attorneys believe consumers would not have purchased the makeup if they had known the items may contain banned ingredients or could irritate their eyes.

Which Eye Shadow and Makeup Products Are Under Investigation?

The attorneys are specifically looking into the following products:

Color Additives Banned by the FDA for Use Near Eye

Most color additives — i.e., dyes, pigments or other substances that give color to a food, drug or cosmetic — must receive approval from the U.S. Food and Drug Administration (FDA) before they can be used in a product.

As part of the approval process, the FDA assesses whether a color additive is safe, meaning there is “convincing evidence” that the substance will not cause harm when used as intended. A color additive’s safety is usually determined based on tests for oral toxicity, irritation, sensitization, dermal toxicity and carcinogenicity.

Importantly, color additives are approved only for their specific regulated purpose. In other words, a color additive cannot be used in products intended for use in the eye area unless the regulation for that additive specifically allows for such use.

Several lawsuits have been filed by consumers who said they experienced irritation, burning and staining around their eyes after using makeup that contained one or more of these banned color additives.

How Could Class Action Lawsuits Help?

A successful class action lawsuit could help consumers get back money they spent on eye shadow and other makeup products that may have been unlawfully sold. Lawsuits could also force makeup companies to change how their products are made and remove any color additive ingredients that have not been approved by the FDA for use in the eye area.

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