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Preservative mfg's and product liability…….
I am 99.97% sure of the answer, but as I prepare my blurb on preservatives, I just want to make sure everything is right.
What I am trying to tie together is the false claims of the preservative manufacturers, and the fact they have no vested interest in the end products success of failure. Can an industry expert confirm, that the preservative manufacturer has essentially no liability? Thank You.
As I have read more preservative marketing descriptions than I care to admit…I have noticed a trend in marketing blurbs. It seems as though one company seems to really embrace fake chemistry and misrepresenting the potential efficacy of their products (you know…Leucidal type fantasies), more than the others. They sell products that often have the tag ‘GeoGard’ as part of their name. Is this just simply due to the fact that they market to the less skilled? I know this might be a hot potato for some of you to handle….so you can send me private answers. I would like to know….is there a KING of the garbage heap?
Aloha.
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4 Replies
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They would definitely have some liability over the products they sell for example if it was later found to be toxic or a carcinogen at the levels they recommended for use but as for liability for it not working as a preservative I don’t think that they would have any liability.
There are so many variables that go into properly preserving a product that it would be almost impossible to prove that the preservative was the cause of a contaminated product.
If the manufacturer could show that the product does work as a preservative in their example formulas and under the conditions they describe in their literature then that would remove their liability.
Even if you used their example formula you would have different suppliers and manufacturing conditions which could impact preservation. This is why it is important to do preservative efficacy testing on our own formulas and to also treat raw material suppliers data with a reasonable degree of skepticism.
PS- I am not a lawyer nor do I play one on television ????
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As long as the manufacturer can substantiate their claims and demonstrate under some conditions the product they are selling works as a preservative, I doubt they would have any liability if a finished product had microbial contamination. Having said that, in the US anyone can pretty much sue anyone for any reason. I just don’t think the finished goods maker would win.
This would be similar to if a consumer used a product that was claimed to strengthen hair, but their hair still broke so they sued the product maker. Sure they could sue, but they would lose.
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FD&C is pretty clear - the immediate responsibility (micro, safety, whatever) for the cosmetic is the “guy” on the label, not the ingredient supplier whatever they claim. Unless the “guy” used data faked by supplier, I don’t see the supplier liable. Similarly, micro risk accords to the product not the ingredient and the “guy” should have known by testing. I’ve been expert witness for a number of contamination lawsuits. Initially the folks who insured the “guy” are suing somebody. The “guy” prob will as well - maybe the bulk producer or the packer. No one think of the preservative supplier as the “guy” had challenge data. And the preservatives were typically BS - pushed by priority lists.
If there were bad guys re preservation - they would be the @#@$#@$$ retailers and their “priority chemical” lists that effectively force politically correct, crappy preservation.
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Hi from Greece,
I read posts here (I thoroughly understand the way of expression and thinking from @Graillotion and @Pharma ) after extensive reading of material (scientific and not so much) regarding cosmetic formulations for the past six months. I come from a high educational background but of a theoretical way of thinking. This is a whole new world you are part of that has amazed me. Eventually I eliminated so much material and so many kinds of products that I used to crave throughout my non-knowledgeable, ignorant years. Right now in my life I am confident with just a few basics: toothpaste, mouthwash, salicylic acid face cleanser, body wash, shampoo, hair-mask, leave-in conditioner, shaving foam, lip balm, madecassol cream, retinol at night and spf cream during the day. I became intensely attracted to creating my own leave-in hair conditioner and pre-shampoo hair balm with BTMS 50. For preservation I bought NipaGuard (Inci: Sorbitan Caprylate, Propanediol, Benzoic Acid) but my instict tells me it is not the choice I should stick to. Which one do you advise me to choose?
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