A Los Angeles jury has issued a groundbreaking verdict awarding over $50 million in damages to a 76-year-old woman and her husband in a case involving alleged asbestos-tainted talc cosmetics from Avon Products Inc. The jury found Avon negligent in manufacturing its cosmetics, attributing significant harm to Rita Chapman, who developed malignant mesothelioma due to asbestos exposure from the products.
The jury’s first verdict, issued on December 14, held Avon Products Inc. primarily responsible for Chapman’s cancer, assigning 90% of the blame to the company and 10% to Hyster-Yale Group Inc., a successor-in-interest to a forklift manufacturer. Compensatory damages of $32.8 million were awarded to Chapman, with an additional $8 million granted to her husband.
Punitive Damages and Further Accountability
Following the initial verdict, a second phase of the trial ensued, resulting in the jury’s decision to award an additional $11.3 million in punitive damages. Avon was directed to pay $10.3 million of the punitive damages, while Hyster-Yale owed $1 million.
The jury concluded that Avon’s cosmetics contained a manufacturing defect, failing to meet ordinary consumer safety expectations. Moreover, Avon was found guilty of fraud for intentionally withholding information about potential risks associated with their products.
Failure to Warn and Clearing Other Companies
The jury also determined that both Avon and Hyster-Yale failed to adequately warn consumers about potential risks, contributing to Chapman’s cancer. However, several other companies, including Boeing Co., Ford Motor Co., and Johnson & Johnson, were cleared of any responsibility by the jury.
Avon’s cosmetics have faced previous allegations of causing cancer. In a similar case last year, supplier Whittaker Clark & Daniels Inc. settled with a California teacher who claimed to have developed mesothelioma from powders sold by multiple companies, including Avon.
