UPDATED: January 07, 2018  5:42 PMBy Cristin Severance

DALLAS (CBS11) – Claire’s says two lab tests show no asbestos was found in their children’s makeup kits.

This announcement comes more than a week after the children’s retailer pulled nine items from store shelves over asbestos concerns.

akit Claires Says No Asbestos Found In Makeup

Claire’s makeup kit (Claire’s)

Kristi Warner, a Rhode Island mother who works at Deaton Law Firm, sent her daughter’s makeup kit, along with products from Claire’s stores in nine different states to be tested.

According to WJAR-TV, an independent lab in North Carolina found tremolite asbestos in every product. The cancer-causing material is linked to mesothelioma.

Asbestos is a known carcinogen and exposure to it has been linked to life-threatening diseases like asbestos’s, lung cancer, and mesothelioma, according to the CDC.

“The fact that the majority of the products came from the store shelves in the last two weeks means that there are other children being exposed,” said Warner.

Claire’s – which has more than 3,000 stores in 36 countries – had pulled nine products including eye shadows, blushes, and compact powders as they completed their own investigation.

On January 4, Claire’s sent a new statement to Consumer Justice refuting the asbestos claims. Here is the entire statement:

We are pleased to report that test results received to date from two certified independent labs confirm that the products in question are asbestos free, completely safe and meet all government requirements. As we said previously, we also confirmed that the talc ingredient that is used in the cosmetics was sourced from Merck KGaA and is asbestos free. Any report that suggests that the products are not safe is totally false.

We have shared with Health Canada and the U.S. Food and Drug Administration the certificates of analysis provided by Merck, and plan to share with those agencies the results of the testing being conducted by the independent labs.

Furthermore, we dispute the findings and testing methods of Sean Fitzgerald, the Director of Research and Analytical Services for Scientific Analytical Institute (SAI), which was asked to do the testing by a personal injury law firm. We only learned of the claims after they went to the press. We have made multiple requests for Mr. Fitzgerald’s detailed test data, but it has not been provided to us. Mr. Fitzgerald also went to the press in July with claims that testing of cosmetics from Justice showed evidence of asbestos, which Justice refuted after analysis of a third-party ISO-certified testing lab.

Claire’s® is one of the world’s leading specialty retailers of fashionable jewelry and accessories for young women, teens, tweens and kids and we pride ourselves in providing our customers with quality products that we stand by. Our paramount concern is the safety of our customers and we apologize for any distress these false reports may have caused. We thank customers for being patient with us as we sought the truth in this matter. We will continue to honor returns from any customers remaining uncomfortable.

Deaton Law Firm released a statement to CBS 11 on January 7 in response to Claire’s allegations of false reports:

 On December 29, 2017 and January 4, 2018, Claire’s released several misleading and inaccurate statements.

Claire’s stated that they tested the products that were the subject of the vast media reports documenting the independent findings of the Scientific Analytical Institute (“SAI”) that confirmed the products contained asbestos. This statement by Claire’s is entirely misleading as those 17 samples are still in the possession of SAI. To date, Claire’s has NOT requested the samples/products from SAI or the Deaton Law Firm.

In an effort to show complete transparency, the Deaton Law Firm contacted Claire’s and shared the actual testing results, identified the lab conducting the testing, which methodology was used, and which samples from what locations had asbestos in a full report provided to their counsel before it ever made the news.

Claire’s has since responded by issuing self-serving conclusions that they have had the products tested and they are “asbestos-free”. Claire’s has characterized Deaton Law Firm’s claims and SAI’s testing results as “false reports”. Yet, unlike the results we provided, Claire’s has not released what products were allegedly tested, which lab tested them and most importantly, the methodology used to perform the analysis.

Deaton Law Firm and SAI have produced all of the relevant information to support their findings. The burden is on Claire’s to do the same. Failure to produce that information in the public domain will greatly increase the likelihood of Deaton Law Firm seeking the information through litigation.

When Deaton Law Firm issued the first press release related to the asbestos contamination in Claire’s children’s makeup, the only goal was to share this vital information for the good of public health and safety. Assuming Claire’s acted responsibly, Deaton Law Firm did not believe further action would be necessary. We were hoping Claire’s would do the right thing; especially, considering, that they market to a demographic consisting of 6-12 year old children.

Claire’s, however, has apparently chosen a different path to take and Deaton Law Firm is prepared to meet them on that path.

Deaton Law Firm and Kristiana Warner have been contacted by concerned parents and consumers across the country. In an effort to better field the questions and connect with parents in a similar situation, Kristiana created a Facebook group “Claire’s Consumers”. John Deaton and Kristiana Warner will hold a livestream Q&A directly with the concerned consumers within the group on Friday, January 12, 2018. At that time, Deaton Law Firm may also address any legal action going forward.

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