The mother of a 4-year-old child who used baby care products from Johnson & Johnson China took the consumer goods giant to court in Beijing yesterday for selling "products containing poisonous substances".
Shi Xia, 32, wants the company to apologize for the sale of the items and label them as containing the substances accordingly, court records showed.
The trial is the latest challenge by Chinese consumers against a reputable company whose products were found to contain traces of 1, 4-dioxane in tests by the General Administration of Quality Supervision, Inspection and Quarantine this March.
1,4-dioxane is a byproduct that can be found in cosmetics and personal care products. It is also known as an eye and respiratory tract irritant.
Shi said consumers must be "clearly informed" of the inclusion of such substances in the products they buy, regardless of the amount.
The company violated her right to know about the products she was considering buying, Shi said in court.
Johnson & Johnson objected to all of the plaintiff's allegations and said it adheres to current regulations for cosmetics in China, which do not require companies to list traces of 1, 4-dioxane because it is not an ingredient in its products.
A report released by the State Food and Drug Administration on March 21 said J&J's baby products did not deliberately use dioxane as an ingredient in its formula.
The company told the court that the dioxane, which "inevitably" occurred in the manufacturing of its products, only measured at 3.27 parts per million and is "far from unsafe levels".
Shanghai-based NGS supermarket Group withdrew Johnson & Johnson's infant bath products from its 3,500 supermarkets and convenience stores in East China in March after allegations they contained carcinogens.
Wen Liang, a lawyer specializing in consumer law, said all companies are responsible for informing consumers about any potential threats from their products.
"After all, it is used on our darling babies," said Shi Bei, a shopper from Beijing choosing products in front of a J&J shelf in a supermarket.
The trial is ongoing.
(China Daily July 24, 2009)
