Visitor Question

Found a piece of glass in my makeup…

Submitted By: Meagan (Indian Trail, NC)

I have used the same makeup foundation for as long as I can remember and I have never had an issue until now. My makeup tube is completely enclosed so foreign objects should not pose a threat.

I was squeezing the tube to empty some of the foundation onto my palm when I noticed it was clogged so I squeezed harder to unclog it. When I did so a small shard of glass was the culprit.

I didn’t know it was glass until I rubbed it into my hands and my finger was cut. If I would have applied my makeup any differently I could have gotten seriously hurt. I’m furious about this. I saved the glass in case I needed it. What are my options here?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Meagan,

You really don’t have too many. Thankfully you weren’t more seriously injured. As long as your treatment was limited to some antiseptic and a couple of band aids your options are:

1) Ignore the matter and possibly choose another brand next time you need foundation; or

2) Contact the management of the store where you purchased the foundation. Explain what happened. The “lot” received by the store may have been tainted. Contacting management will put the retail store on notice. Hopefully that will help to have the remaining foundation tubes removed from their shelves; or

3) Write to the manufacturer and explain what happened – doing so might help to prevent others from being hurt more seriously if the problem is endemic to the manufacturing process; or

4) A combination of all of the above.

Other than that there isn’t much you can do. To successfully prevail in a defective product lawsuit you have to show past or present damages.

Future damages don’t count. That’s because once management or the manufacturer are contacted about the problem they have an opportunity to correct it. Until such time as someone else is injured a case doesn’t exist.

If you can show the product has already injured a large number of people and those people have been injured with more than just minor cuts and abrasions, the possibility of a class action might exist. That doesn’t seem likely on the facts you present.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 14, 2012

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