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EnviroLink Forum • View topic - We are winning!

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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 8:03 am 
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 Post subject: Re: We are winning!
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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 1:43 pm 
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 Post subject: Re: We are winning!
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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 4:53 pm 
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Since the concept of product liability seemed to be lost in the US references, the UK laws do show a couple of small chances at a liability defense for damages resulting from untested cosmetics.

The first would only be applicable if the technical knowledge was limited to a particular region and the legal compliance defense would be very shaky as the regulation does not require the development of new cosmetics and thus would not be an enevitable outcome. Most likely the production would be limited to previously tested components and mixtures either in other countries or in pre-2013 testing.

http://www.bis.gov.uk/files/file22866.pdf

the state of scientific and technical knowledge at the time he supplied
the product was not such that a producer of products of the same
description as the product in question might be expected to have
discovered the defect if it had existed in his products while they were
under his control (the so-called “development risks defence”);

the defect was caused by complying with the law. Compliance with
a regulation will not necessarily discharge a producer from liability;
in order to claim the defence he would have to show that the defect
was the inevitable result of compliance;

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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 5:01 pm 
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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 5:02 pm 
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Also, I could find no references to changes coming about concerning Botox used for cosmetic purposes. It seems that Botox is produced the same way for all uses so there is not a production for medical use separated from that for cosmetic use. Given the toxicity varies between batches there would be an expectation of testing for safety regardless.


If safety testing is prohibited, who takes the liability for damage due to a higher toxicity than expected? The same question applies to whether a safety test that is required but is not as good triggers the same liability if the test is specified by the government. It seems the government would then be liable for the damages, which would be a good reason to expect the regulation to change if there are no applicable tests to ensure safety of the cosmetic products in a trustworthy fashion.

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 Post subject: Re: We are winning!
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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 5:18 pm 
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 Post subject: Re: We are winning!
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 Post subject: Re: We are winning!
PostPosted: Wed Apr 18, 2012 6:04 pm 
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These are two links presented from today. One indicates the ban may be delayed and the other clearly states the Commission was preparing an impcat statement which could impact the implimentation date.

Posted: Wed Apr 18, 2012 1:43 pm

http://www.independent.co.uk/news/world ... 87590.html

But Commission spokesman Frederic Vincent said: "I can confirm the deadline is 2013."

He said the Commission was currently preparing an "impact assessment" on the ban, adding: "So it is really premature to talk about postponement: the deadline is still 2013."



Posted: Wed Apr 18, 2012 8:03 am

http://www.telegraph.co.uk/earth/earthn ... imals.html

Legislation outlawing the sale of cosmetics tested on laboratory animals by 2013 is already in place by the European Union, but there are fears it could be delayed.

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 Post subject: Re: We are winning!
PostPosted: Thu Apr 19, 2012 5:25 am 
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 Post subject: Re: We are winning!
PostPosted: Thu Apr 19, 2012 5:40 am 
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 Post subject: Re: We are winning!
PostPosted: Thu Apr 19, 2012 5:46 am 
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 Post subject: Re: We are winning!
PostPosted: Thu Apr 19, 2012 11:51 am 
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Last edited by tommee on Thu Apr 19, 2012 11:52 am, edited 1 time in total.

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