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Hard Truths About Soft Minerals – Talcum Powder Contaminated With Asbestos and We’re All At Risk

Talc. That softest of minerals, dug from the ground and used by most Americans every day. Talc is found in everyday cosmetics. It is used as a filler in various pills and capsules. Talc is a food additive, found in many of the processed foods we eat. And, of course, as every parent can attest, talc is a daily household fixture during those early years of our child’s lives. And yet because talc is dug from the ground, it can keep some very hazardous company - namely asbestos, which is often intermingled with talc and can cause fatal diseases in people who inhale its microscopic fibers. The U.S. Food and Drug Administration has long been concerned about asbestos contamination of cosmetic talc, but has allowed the manufacturing industry to self-police potential asbestos contamination. This decision has proven problematic since the U.S. imports large volumes of talc from countries, like China and Pakistan - two of the biggest suppliers, with notoriously lax safety regulation. As with most other imports, no government agency keeps track of who buys the talc, or how it is used. In a highly unsettling example of what can happen under this business model, recent tests found stray asbestos from contaminated talc in some Chinese-made toy fingerprint kits and crayon sets putting children at particularly high risk for exposure. A child exposed to asbestos is 3.5 more likely than a 25-year-old to develop mesothelioma, a fatal lung disease marked by rapidly growing tumors in the tissue surrounding the lungs and heart, that is only caused by asbestos. It marks the third time in 15 years that the asbestos has been detected in crayons or fingerprint toys marketed to children. Popular brands, including Disney’s Mickey Mouse Clubhouse, Saban’s Power Rangers Super Megaforce crayons, and Nickelodeon’s Teenage Mutant Ninja Turtle Crayons, all contained asbestos fibers. Asbestos fibers were also found in the fingerprint powders of two crime scene kits the EduScience Deluxe Forensics Lab Kit, sold at Toys ‘R Us, and the Inside Intelligence Secret Spy kit, sold on Amazon.com. Only the purest grades of talc are supposed to go into cosmetics, pharmaceuticals, food and children’s toys. And many manufacturers say they only use talc with no detectable asbestos. But it is well understood that there is no safe level of asbestos and, according to experts, the standard tests are outdated and are simply not sensitive enough to detect asbestos at low, but still hazardous, levels. Technical panels from two standards organizations–ASTM International and the U.S. Pharmacopeial Convention–are working to tighten test standards to keep asbestos from slipping into consumer products. But for now, talc contamination with asbestos remains a very real concern. One target of recent lawsuits has been Colgate-Palmolive Co.’s Cashmere Bouquet powder, which Colage produced for more than 100 years before selling the brand in 1995. Laboratory tests found asbestos in samples of Cashmere Bouquet as far back as the 1970s, and air testing concluded that people could have inhaled asbestos when they sprinkled on the powder. Research has also shown that even though talc may contain only a small amount of asbestos, when a person applies it, those asbestos fibers linger in the air, usually right in the person's breathing zone, longer than the talc itself. Asbestos-caused diseases can have a long latency period, such that the full extent of the harm from asbestos exposure can take decades to manifest. So people who were exposed to Cashmere Bouquet powder, for instance, in the 50’s, 60’s and 70’s may only now be getting sick. Cosmetics have also long been a target of research and investigation into possible asbestos contamination through the talc used in their production. A 1976 FDA report charged that cosmetics makers had been lax in monitoring the safety of talc supplies. However, the agency ultimately allowed the cosmetics industry to also self-regulate and, despite additional testing in 1994 and again in 2001 that raised concerns for asbestos contamination, FDA officials have continued this self-policing policy for cosmetics manufacturers. More recently, the FDA has asked the U.S. Pharmacopeail Convention (“USP”), a scientific nonprofit sets standards enforceable by the FDA for the quality and purity of drugs, food and dietary supplements, to revise test methods for screening talc for asbestos noting that current methods “have insufficient sensitivity to detect asbestos and cannot provide the highest possible level of confidence when used by suppliers of talc to certify ‘absence of asbestos.’” In response, an expert panel created by the USP endorsed the call for tougher screening, likely requiring the use of transmission electron microscopy, a technique that uses electron beams to produce extremely high magnification of tiny particles. But there is no timetable for completing new standards, and a consensus is far from being reached with industrial groups. One thing is for sure. No powdered products intended for regular, if not daily, physical contact should contain even a single fiber of asbestos. The deadly hazards of exposure to even minute quantities of asbestos, with its lethal, needle-like fibers, have been well-recognized and understood for over a century. Asbestos-containing products have been banned the world over, except here, in the United States, thanks to political pressure from an industry coalition of trade groups and other lobbyists. So it appears for now that we can add shopping for everyday household products to our “up-to-us-to” list. Carefully review labels of the everyday products you buy to determine whether a product contains talc and contact the manufacturer for documentation of the source of their talc. Avoid buying crayons and other Chinese-manufactured art supplies from dollar stores and other discount retailers, as they tend to stock products more likely to be contaminated. Testing on Crayola-brand crayons revealed no asbestos contamination, so look to that brand if possible. You can also write to your elected officials to urge them to ban products that contain asbestos and increase funding for mesothelioma research. And if you believe you have contracted an asbestos-caused disease from exposure to talcum powder or other talc-containing products, you should contact and experienced asbestos law firm for a complete evaluation of a potential claim.
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$3.77 Million in Medical Malpractice Case Against Wheeling Doctor and PA

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The Pennsylvania Superior Court Analyzes the Federal Public Readiness and Emergency Preparedness Act in Denying Defendants’ Motion for Judgment on the Pleadings

The Pennsylvania Superior Court Analyzes the Federal Public Readiness and Emergency Preparedness Act in Denying Defendants’ Motion for Judgment on the Pleadings

The Pennsylvania Superior Court Analyzes the Federal Public Readiness and Emergency Preparedness Act in Denying Defendants’ Motion for Judgment on the Pleadings In Boyle v. Meyer, 2025 PA Super 198 (September 9, 2025), the Pennsylvania Superior Court denied a physical therapy company’s motion for judgment on the pleadings based on the immunity provisions contained in the federal Public Readiness and Emergency Preparedness Act (PREP Act). Background of the Case Plaintiff Boyle required physical therapy following open-heart surgery. To minimize the risk of contracting COVID-19, he arranged for OSPTA Home Care to provide in-home services. On November 8, 2020, physical therapist Meyer arrived without gloves, a face shield, or a proper mask — only wearing a thin, disposable surgical mask. Meyer also shook Boyle’s hand without gloves, did not wash her hands before treatment, and performed therapy as usual. Days later, OSPTA informed Boyle that Meyer had tested positive for COVID-19. Boyle soon developed symptoms, was hospitalized for ten days, and continued to suffer complications five months later. Boyle sued OSPTA and Meyer, alleging: Meyer was negligent in failing to wear proper personal protective equipment (PPE). Meyer exposed him to unreasonable risk and performed therapy despite known exposure. OSPTA failed to properly train and supervise Meyer and implement safeguards to prevent the virus’s spread. Defendants’ Motion and PREP Act Defense In response, Defendants admitted Meyer was not wearing gloves or a face shield but stated she wore a surgical mask and used hand sanitizer earlier in the day. They argued they were immune from liability under the Public Readiness and Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d, 247d-6e. Defendants asserted that they met all four requirements for immunity: Public health emergency – The COVID-19 pandemic triggered PREP Act protections. Covered persons – They qualified as both “program planners” and “qualified persons” under the Act. Covered countermeasure – Meyer’s “thin, disposable surgical mask” was a device authorized for emergency use by the FDA. Causal relationship – Meyer’s use of the mask had a causal connection to Boyle’s COVID-19 claim. The trial court denied their motion for judgment on the pleadings. Superior Court’s Analysis On appeal, the Superior Court found several factual disputes that prevented judgment for the Defendants. Specifically: It was unclear whether Meyer’s surgical mask qualified as a “covered countermeasure.” The pleadings did not conclusively establish that the Defendants were “covered persons.” Even if both were true, PREP Act immunity applies only to the use or administration of a covered countermeasure — not to its non-use. Citing Hampton v. California, 83 F.4th 754 (9th Cir. 2023), the Court noted that the PREP Act shields defendants from claims related to administering a covered measure, but not from claims alleging failure to administer one. Because Boyle’s complaint focused on the failure to use proper PPE, inadequate screening, and lack of training, his claims fell outside the scope of federal immunity. Conclusion The Superior Court concluded that the PREP Act did not preempt Boyle’s state-law negligence claims, affirming the trial court’s denial of the motion for judgment on the pleadings. The full opinion in Boyle v. Meyer, 2025 PA Super 198 (September 9, 2025), is available on the Pennsylvania Judiciary website. To learn more about legal issues surrounding immunity and negligence in Pennsylvania courts, visit our post on how the PA Superior Court reviews evidentiary challenges in medical cases.

Lead Risk Prompts Nationwide Recall of Ground Cinnamon

Lead Risk Prompts Nationwide Recall of Ground Cinnamon

Lead Risk Prompts Nationwide Recall of Ground Cinnamon The U.S. Food and Drug Administration (FDA) has issued a nationwide recall of 12 ground cinnamon brands after testing revealed elevated levels of lead. Roughly 21,690 units were sold through retailers like Dollar Tree and Save-A-Lot before being pulled from shelves. Consumers are urged to immediately throw away any affected products and avoid purchasing them until further notice. See the official FDA recall notice. Why This Recall Matters Although no injuries have been reported yet, the FDA warns that prolonged consumption of contaminated cinnamon can cause lead accumulation in the body. Children are especially at risk, since lead exposure can impact neurological development. Cinnamon is often used in foods like cereals, baked goods, and snack mixes — staples in many households with kids. This makes the recall a major public health concern for families nationwide, including those in West Virginia, Ohio, and Pennsylvania. FDA’s Broader Effort This recall is part of a larger FDA initiative to monitor imported spices more closely. Several cinnamon brands have been flagged in prior alerts, and surveillance is ongoing. For example: The FDA recently added Asli brand ground cinnamon to the list of affected products after new testing revealed unsafe lead levels. Additional products may be named as investigations continue. See the expanded FDA alert. What You Should Do If you purchased ground cinnamon recently: Check your spice cabinet against the recall list. Dispose of any recalled products immediately. Do not repurchase affected brands until the FDA clears them. If you suspect your child or another family member has been exposed, consult a healthcare provider for guidance. For ongoing updates, visit the FDA’s cinnamon recall page. Protecting Consumers This recall is a reminder that product safety issues extend beyond toys, appliances, and vehicles — even everyday food staples can carry risks. Families in WV, OH, and PA should stay informed about recalls and understand their rights if a defective or dangerous product causes harm. At Bordas & Bordas, our attorneys help consumers hold corporations accountable when safety takes a backseat to profit.