Help me with BL 5051 Consumer Protection Law Assignment Allergic Contact Dermatitis Reaction - Piz Buin Sun Cream

Question - Assessment 2: BL 5051: CONSUMMER PROTECTION LAW

Module Leader: H. Ndi

Case Study Coursework


Submission Date 21st January 2014 By 3pm
Weighting 70% weighting
Word Count: 2,500 words
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sheet
Referencing: You must reference Sources used in the body of your
answer. You MUST use Harvard method
Bibliography: Full Bibliography at the end of your written work
Cases cited: In the body of the written work in bold with the full citation.
E.g. Smith v Jones (2001) 2AER 19
Statutes cited: Use capitals for the name of the statute or legislation e.g.
The General Product safety Regulat ...Read More ions 2005. You may
use an abbreviated form of the title after the first citation e.g.
The General Product Safety Regulations 2005 (GPSR)
Sections of
Statutes:
Sections of the Statutes may be quoted as follows:
Section 12 as S.12
Section 12 paragraph/section 2 – as S.12(2)
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sheets in separate folders



Overall Quality:

The written work Submitted should be clear and coherent, correct in spelling and grammar,
proficient in flow, and demonstrate professional academic standards of presentation and
style. Use of the first or second person will be severely penalised.


For details of assessment criteria, plagiarism guidelines – see module booklet
(WebLearn)

CASE STUDY: “Allergic Contact Dermatitis Reaction - Piz Buin Sun
Cream”

Watch the following video or read the Transcripts below and answer the questions that follow
http://www.bbc.co.uk/programmes/p01bwxy2
TRANSCRIPTS
Over the next few weeks millions of us will head for sunnier climes around the world. However
repeated warnings over the years about skin damage has made us more cautious about sitting out in
the sun for hours on end. But how about the warnings of using particular sun creams?

Published 19 June 2013:
Watchdog has received complaints that a product by one of the UK’s most trusted sun care brands is
causing severe allergic reaction.
Johnson & Johnson’s sun cream lotion Piz Buin ‘1 Day Long’ boasts of providing even longer protection from
the sun. But could their longer lasting lotion actually be doing some of us more harm than good?
One of the many customers who got in touch with BBC Watchdog was Janine Hanna from Ballycare in
Northern Ireland.
After a hot day last summer Janine applied some of her sister’s Piz Buin 1 day long lotion. She’d never used
it before and woke up the next day with a serious rash.
Janine told us, ‘It was just bright red, tiny lumps, nearly like fluid filled lumps so they were just really horrible
to look at.’
Her skin reaction was so extreme that it took two months for it to settle down. Unfortunately, not realising that
the Piz Buin had been to blame, she subsequently applied the cream again, and suffered the same violent
reaction.
This time she was left in no doubt that the Piz Buin 1 Day Long was the cause.
Watchdog showed photographs of Janine’s rash, plus similar reactions suffered by other viewers, to
Consultant Dermatologist Martin W ade.

He told us that the symptoms suggested the individuals had all suffered from allergic contact dermatitis, a
reaction caused when the skin comes into contact with a particular allergen.
That means that if indeed these reactions are being caused by the Piz Buin 1 Day Long lotion, it’s because
the individuals are allergic to one or more of the product’s ingredients. But which ones?
One team of researchers think they have the answer.
After a series of patch testing on selected patients, Dr Ian White of the St John’s Institute of Dermatology
and his colleagues noted,
‘They (patients) developed quite widespread reactions over the exposed areas where they had used sun
protection lotions including a Piz Buin product.’
Dr Ian White told us, ‘we found that it was caused by a particular chemical called C30–38 olefin/isopropyl
maleate/MA’.
Having identified this potentially problematic ingredient, Dr White recommended that urgent action be taken
to identify its safety and called for its use in Piz Buin’s 1 Day Long lotion to be re-assessed.
However that was two years ago and the formulation of the lotion remains exactly the same.
Despite being identified as a potential allergen, Johnson & Johnson have failed to remove C30-38 from its
product.
Furthermore there are no warnings on the label about the potential unpleasant, uncomfortable and
distressing effects.
And in the two years since his initial report, Dr White’s team have now identified a second ingredient in the
Piz Buin 1 Day Long lotion, that may also be a cause of the extreme skin reactions.
This second ingredient he highlights is Methylisothiazolinone also known as MI.
This ingredient is widely used across the cosmetics industry, and has also been identified as a possible
cause for contact dermatitis.
Dr Ian White says that one in ten of the patients he now sees are allergic to MI. Yet, again, it remains an
active ingredient of the Piz Buin 1 day long product.
So what does Johnson & Johnson have to say about our findings, and the complaints that we’ve received?
Company Response
A SPOKESPERSON FOR JOHNSON & JOHNSON SAYS:
The makers of PIZ BUIN® have provided consumers with a range of high quality, safe and effective sun
protection products for more than 65 years. W e aim to provide products that meet consumer needs and
expectations and we sympathise with anyone who experiences a skin reaction and recommend they consult
their doctor for advice.

The safety of our products is our first priority, and is backed by a strict and rigorous safety policy. All
ingredients in our products are reviewed by experts and all our final formulations are assessed for both
safety and efficacy, including the potential for skin irritation and toxicity caused by sun exposure.
In principle nearly every substance or product in our daily life may cause irritation in some people with a
particular sensitivity. This applies to the ingredients of all cosmetic and personal care products, and includes
those ingredients referenced in your report (C30-38 Olefin/Isopropyl Maleate/MA Copolymer and
Methylisothiazolinone).
We have received some consumer complaints that PIZ BUIN® 1 Day Long has led to skin irritation or rashes.
Compared to the number of people using the product across the UK and Ireland, the number of reported
incidents is small, approximately 0.01% of sales.*
We are continuously seeking to improve the effectiveness of our products. In doing this, we take into account
the latest internal company and outside expert research, opinions and consumer feedback. As part of this
ongoing process we are currently looking at ways to improve the consumer experience for PIZ BUIN® 1 Day
Long.
We encourage anyone who has complaints or feedback on our products to contact the makers of PIZ BUIN®
directly so we can investigate further. W e take consumer feedback very seriously, all complaints are followed
up and fully investigated.
*From May 2012 – May 2013 the makers of PIZ BUIN® received 80 consumer complaints relating to PIZ
BUIN® 1 Day Long, during the same period 875,550 units were sold to trade in the UK and Ireland The
number of complaints relating to skin irritation equates to approximately 0.01% of sales.



Required:

As the newly appointed legal advisor, you have been asked to give your legal advice on
the issues addressed in the video footage.

In your advice you are required to identify the relevant legal issues (civil and criminal) and
explain legal principles (legislation and case law) which may be of particular interest to
consumers who knowingly purchased and used the Piz Buin Sun Cream on their skin,
which contains chemicals such as C30-38 olefin/isopropyl maleate/MA’ and
methylisothiazoline (MI).

Should some consumers suffer from Allergic Contact Dermatitis, what legal action could
they take?

You are further required to be in critical in your analysis and information you provide as
part of your advice



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