Talcum powder is an ingredient in baby powder, cosmetics, and many other common household products. However, several lawsuits allege that long-term use of talc-based products has contributed to mesothelioma and ovarian cancer in thousands of people. The majority of these lawsuits are against Johnson & Johnson.
While major talc-based product manufacturers deny these allegations, company memos and internal documents disclosed during lawsuits show that talc suppliers and manufacturers knew about the risk of asbestos-contaminated talc and hid the dangers from the public for almost 40 years.
What Are the Dangers of Talcum Powder?
Talcum powder is a talc product. Talc product is mined from the silicate mineral talc. Asbestos is an earth-formed mineral and a known human carcinogen.
Talc and asbestos are often found next to each other underground. When mined, talc in its natural form can contain asbestos. Asbestos-contaminated talc can lead to mesothelioma and cancerous tumors, including ovarian tumors.
Talcum powder absorbs moisture, helps prevent rashes, and eliminates odor. Talc is used in numerous consumer products, such as baby powder, cosmetic powder, and medicated powder. Most major brands of deodorant and antiperspirants typically contain talc. Talc is also used in almost all major brands of cosmetic foundation and finishing powder, blush, eye shadow, concealer, and nail enamel.
Talcum Powder’s Connection to Mesothelioma
When talcum powder is airborne, the talc particles can be inhaled and lodged in the lining of the lungs. The presence of asbestos in the inhaled talc particles can cause respiratory issues, tumor formation, and the eventual development of mesothelioma. Mesothelioma is a rare form of cancer. Fewer than 3,000 cases are diagnosed each year.
Symptoms of this disease can take 30 to 50 years to manifest. The majority of cases are a result of occupational asbestos exposure. However, repeated exposure to asbestos-contaminated products is also a known cause.
Talcum Powder’s Connection to Ovarian Cancer
When talcum powder is used on the female genital region for personal hygiene, or used on sanitary napkins, underwear, or condoms, it can cause cancer through the vagina. Asbestos-contaminated talc particles can travel from the uterus through the fallopian tubes to the ovaries and remain lodged inside for years. Over time, ovarian cancer cells can develop.
The use of talcum powder on female genitals increases the risk of ovarian cancer by almost 30%, according to Dr. Daniel Cramer, Harvard Medical School professor and director of the OB/GYN Epidemiology Center at Brigham and Women’s Hospital in Boston. Ovarian cancer is the fifth leading type of cancer in women. Roughly 21,410 women are diagnosed with the disease each year, most commonly older women.
Talcum Powder Lawsuits
Talcum powder lawsuits are considered product liability lawsuits because talc-based product manufacturers made and sold dangerous products. Manufacturers of talc-based products must warn consumers about the link between talc and mesothelioma and ovarian cancer on their labels.
Johnson & Johnson Talcum Powder Lawsuit
Johnson & Johnson manufactures Johnson & Johnson baby powder and Shower to Shower body powder, which are talc-based products.
In 2013, Johnson & Johnson was found negligent in the first-ever case claiming a link between baby powder and ovarian cancer.
In 2018, Reuters reported that Johnson & Johnson’s talc-based products are contaminated with asbestos.
In 2019, the FDA found asbestos in tests of Johnson & Johnson’s talc-based baby powder. Johnson & Johnson responded by recalling over 33,000 bottles of the product.
In mid-2020, Johnson & Johnson announced it would cease selling talc-based baby powder in North America and replace the product with a cornstarch-based baby powder.
Johnson & Johnson faces over 27,000 talcum powder lawsuits, the highest amount of any talc-based product manufacturer. The largest portion of the Johnson & Johnson lawsuits still pending are part of multidistrict litigation in New Jersey federal court.
Lawsuits Against Other Talc Manufacturers and Companies
Other companies named in talcum powder lawsuits include:
- Colgate-Palmolive manufactures Cashmere Bouquet feminine hygiene body powder.
- Gold Bond, manufactures the Gold Bond brand Body Powder, Extra Strength Body Powder, and No Mess Powder Spray talcum powder.
- Imerys Talc America, mines and manufactures raw industrial and cosmetic talcum powder.
- Revlon manufactures Jean Nate Silkening Body Powder.
- Vanderbilt Minerals, which mines raw industrial talc powder.
- Whittaker, Clark & Daniels, which mines and manufactures raw cosmetic talc powder for Old Spice.
Significant Settlements in Talcum Powder Lawsuits
In August 2017, a Los Angeles woman was awarded $70 million in compensatory damages and $347 million in punitive damages after developing terminal ovarian cancer as a result of daily use of Johnson & Johnson baby powder on her genital region for over 40 years. However, in July 2019, Johnson & Johnson was granted a retrial for this case.
In 2018, a St. Louis, Missouri jury awarded $550 million in compensatory damages and $4.14 billion in punitive damages in a class action lawsuit against Johnson & Johnson and Imerys Tal America. The plaintiffs in the class action consisted of 22 women who claimed that Imerys was the supplier of asbestos-contaminated talc used in Johnson & Johnson body powder. The women used it as part of their daily feminine hygiene routine, leading to their ovarian cancer.
An appeal in 2019 was upheld by the Missouri Court of Appeals, but the award was reduced to $2.12 billion in total damages. Johnson & Johnson is appealing the case to the U.S. Supreme Court.
In October 2020, Johnson & Johnson agreed to pay more than $100 million to settle over 1,000 talcum powder lawsuits, which alleged that Johnson & Johnson’s asbestos-contaminated baby powder caused mesothelioma.
The Difference Between a Class Action Talcum Powder Lawsuit and an Individual Lawsuit
In a class action lawsuit, a group of plaintiffs sues talc-based product manufacturers for injuries caused by common actions taken or not taken. If the court rules in the plaintiffs’ favor or the talc-based product manufacturers settle, all injured parties in the lawsuit receive compensation in proportion to the talc-related injury or damage they incurred. The attorney fees are spread across all of the plaintiffs. Often, if the class action includes many plaintiffs, they may not end up with much money.
An individual lawsuit is brought by a plaintiff against talc-based product manufacturers to recover compensation and damages for a talc-related injury. If the court rules in favor of the plaintiff or the talc-based manufacturers settle, all of the compensation awarded goes to the plaintiff. The plaintiff is responsible for paying the attorney’s fees.
Filing a Talcum Powder Lawsuit
Talcum powder litigation has been underway for some time, and some settlements have already been made. However, you still have time to file an individual lawsuit.
Who Can File a Talcum Powder Ovarian Cancer Lawsuit?
You may be eligible to file a talcum powder ovarian cancer lawsuit if:
- You are a woman who used a talc-based product around the genitals regularly, and;
- You were diagnosed with ovarian cancer or epithelial ovarian cancer between 2000 and the present, and;
- You were between the ages of 22 and 65 when you were diagnosed.
Most talcum powder lawyers offer free consultations. During that consultation, a legal representative will listen to your story, ask relevant questions about the case, and walk you through your medical history to determine the severity of your injuries.
After you have hired a lawyer, they will file a lawsuit on your behalf based on the severity of your injuries. Due to the number of claims that have been consolidated, you will not need to appear in court. Your lawyer will represent you in court.
If the judge rules in the plaintiff’s favor, or if the talc manufacturer agrees to settle, your compensation award will be based on the severity of your injuries.
Statute of Limitations for Filing a Talcum Powder Lawsuit
The statute of limitations varies by state from two to ten years. Most states’ statutes average two years. Some statutes begin when you were diagnosed with cancer; others start the date you discovered that talc-based powder likely caused your ovarian cancer.
If you have lost a loved one to ovarian cancer due to talcum powder use, a wrongful death claim may be filed by a family member. The statute of limitations on wrongful death claims in most states is two years.
An experienced talcum powder lawyer can help determine the statute of limitations that applies to your state.
When Can Talcum Powder Lawsuit Plaintiffs Expect a Settlement?
Litigation is ongoing for talc-related mesothelioma and ovarian cancer claims. The remaining Johnson & Johnson lawsuits are primarily ovarian cancer lawsuits.
Over 16,000 individual talcum powder lawsuits are included in the multidistrict litigation against Johnson & Johnson. In April 2020, the New Jersey District judge ruled to allow scientific evidence that links ovarian cancer to Johnson & Johnson baby powder.
Bellwether trials are test trials intended to give both the plaintiff and the defendant a sense of how their cases would play out in court. The selection of the first bellwether trial cases to be tried has been completed. Now, the plaintiffs’ attorneys are gathering medical histories and evidence in preparation for trial.
In Johnson & Johnson’s January 2, 2021, U.S. Securities and Exchange Commission filing, the company stated that it set aside nearly $4 billion for talc-related cancer lawsuits and settlement reserves.
If you or someone you love has been diagnosed with lung cancer, mesothelioma, ovarian cancer, epithelial ovarian cancer, or ovarian tumors due to asbestos-contaminated talc, you should seek the counsel of an experienced talcum powder lawyer.
At Mesowatch, we are committed to helping people diagnosed with an asbestos-related or talc-related illness receive the compensation they are entitled to. Contact us to help connect you to a talcum powder lawyer.
