For decades, consumers have liberally applied talcum powder, a compound found in products as diverse as baby powder, deodorant, and body powder. Yet, investigations connect talc’s frequent manipulation to deadly diseases including mesothelioma and ovarian cancer. Consequently, thousands have taken legal action against Johnson & Johnson, a preeminent manufacturer of talcum powder.
Lead-up to Johnson & Johnson talcum powder lawsuits.
A watershed in talc litigation arrived in 2002 with findings among New York miners contracting mesothelioma from talc exposure. Preceding this, an influential 1982 evaluation in the International Journal of Cancer concluded a statistically relevant association between genital employment of talc and epithelial ovarian cancer risk. The epithelial is a type of mesothelium.
Thousands File Baby Powder Cancer Lawsuits Against Johnson & Johnson
Thousands of individuals diagnosed with mesothelioma or ovarian cancer after talc application have initiated suit against Johnson & Johnson. A class-action campaign led by a talc attorney has merged these cases into multidistrict litigation in New Jersey.
Many plaintiffs led by a talcum powder lawyer have brought class-action lawsuits against the company. The largest group of talc lawsuits have combined into multidistrict litigation in New Jersey.
Johnson & Johnson Tried to Deny Knowledge of Asbestos Contamination
While aware in 1971 that their baby powder contained asbestos-tainted talc, Johnson & Johnson could have intervened yet neglected. Alternatives included halting asbestos-laced talc procurement, recalling contaminated stock, or cautioning the danger of asbestos inhalation from talc. Instead, the organization obscured the truth and maintained their talc as “safe and asbestos-free.” Following 2019 testing which detected trace asbestos in 33,000 bottles, Johnson & Johnson recalled the product.
Over 32,000 lawsuits have been filed against Johnson & Johnson due to:
- Identification of asbestos in talc particles of Johnson & Johnson’s powder product
- Studies linking asbestos in talc powder to mesothelioma and ovarian cancer
- Johnson & Johnson’s efforts to hide information from the public
Juries have awarded significant punitive damages in cases settled against Johnson & Johnson.
Results of Johnson & Johnson Talcum Powder Lawsuits
The largest settlements made by Johnson & Johnson to people with cancer from talcum powder use are:
Missouri
- 2016: $55 million to an ovarian cancer victim
- 2016: $70 million to an ovarian cancer victim
- 2016: $72 million, including $62 million in punitive damages to the family of a deceased ovarian cancer victim
- 2017: $110 million to an ovarian cancer victim
- 2018: $4.7 billion award, including $550 million in compensatory damages and $4.14 billion in punitive damages, to 22 women suffering from ovarian cancer. A Missouri appeals court reduced the award to $2.1 billion.
California
- 2017: $417 million award, including compensatory damages of $68 million and $347 in punitive damages, given to a woman with stage 4 ovarian cancer.
- 2019: $40.3 million award to a couple suffering from mesothelioma
- 2019: $29.5 million award to a mesothelioma victim
- 2019: $4.8 million award to mesothelioma plaintiff
New Jersey
- 2018: award of $117 million, including $80 million in punitive damages, to a couple suffering from mesothelioma
- 2019: $37.3 million award to four mesothelioma plaintiffs
New York
- 2018: $1.5 million settlement agreement to a mesothelioma victim
- In October 2020, Johnson & Johnson agreed to a $100 million settlement of 1,000 lawsuits.
Product Changes Made as a Result of Litigation
In May 2020, Johnson & Johnson stopped selling talc-based baby powder in North America. The company will continue to sell cornstarch-based baby powder.
Penalties to Johnson & Johnson from Talcum Powder Lawsuits.
- Billions in settlement and damage awards in talcum powder lawsuit verdicts
- Damaged corporate reputation
- Market share loss
- Loss of public and investor trust
Victims of the Johnson & Johnson Talcum Powder Lawsuits
Some talc mined in its natural state contains asbestos. Asbestos is a known carcinogen. The International Agency for Research on Cancer has stated talc contaminated asbestos is deadly to humans. Numerous studies have linked long-term talcum powder use to ovarian cancer and mesothelioma.
Talcum powder can cause reproductive issues. Women who apply talc powder in their genital area have an increased risk of developing ovarian cancer. As talc particles travel from the vagina to the ovaries, they cause inflammation, abrasion, scar tissue, and ovarian tumors. Ovarian cancer symptoms are painful. They often leave victims incontinent or unable to have normal sexual relations.
Five-year survival rates of ovarian cancer depend on the stage. Research shows that 90% of early-stage patients survive longer than five years compared to 17% of late-stage patients.
Talcum powder inhalation can cause respiratory issues, including mesothelioma. Pleural mesothelioma, the most common form of mesothelioma, primarily affects the lungs. Mesothelioma symptoms are painful, often leaving victims unable to breathe without assistance.
Accusations Made by Victims in Johnson & Johnson Talcum Powder Lawsuits.
The majority of victims claim that Johnson & Johnson:
- Profited unjustly from its talcum powder products
- Failed to disclose on product labels and advertising that using talc powder carried risks of ovarian cancer and mesothelioma.
- Knowingly exposed the American public to carcinogenic asbestos-tainted talc products for decades.
Who has Been the Most Affected by the Johnson & Johnson Talcum Powder Lawsuits?
Women have used Johnson & Johnson baby powder since its invention in 1983. They use it on their babies and themselves to absorb moisture and eliminate odor.
Several women might not have contracted ovarian cancer if the company warned them of the cancer risks from using their talc products.
Ramifications of the Johnson & Johnson Talcum Powder Lawsuits
Ongoing talcum powder litigation has forced the company to drop talcum powder from its product line. This means less exposure to harmful talc products and, therefore, fewer victims.
What Industry Changes Have Come About as a result of the Johnson & Johnson Talcum Powder Lawsuits?
Groups have advocated removing other talc-based cosmetics from the market by other companies following Johnson & Johnson’s decision to recall its talc-based baby powder. The F.D.A. issued several alerts last year warning about asbestos contamination in several cosmetic talc products.
Adverse Effects from the Johnson & Johnson Talc Powder Lawsuits
All of Johnson & Johnson’s baby powder, powder products, and other baby products have come under scrutiny.
Johnson & Johnson knew that its products contained asbestos and kept selling them. They didn’t warn people about the risk of ovarian cancer or mesothelioma. As a result, consumers have lost trust in the company.
People are shying away from the Johnson & Johnson brand, even in product lines unrelated to Johnson’s baby powder. Many people have refused to get the Johnson and Johnson Covid 19 vaccine during the pandemic, opting for AstraZeneca or Pfizer.
Johnson & Johnson’s Response to Talcum Powder Lawsuits
Johnson & Johnson has steadfastly denied allegations that its talcum powder products contain asbestos and are linked to cancer. The company maintains that its talcum powder is safe, citing numerous studies and regulatory reviews in support of its position. Despite these claims, J&J decided to discontinue the sale of talc-based baby powder in North America in 2020, attributing the decision to declining sales and widespread misinformation.
Recent Settlement Offers
May 2024 Settlement Proposal
In a significant move, Johnson & Johnson proposed a $6.48 billion settlement in May 2024 to resolve most of the ovarian cancer lawsuits. This settlement would be funded through the bankruptcy of its subsidiary, LTL Management. For the settlement to proceed, at least 75% of the plaintiffs must agree to the terms.
January 2024 Settlement
In January 2024, J&J agreed to a $700 million settlement with over 40 U.S. states concerning its talcum powder marketing practices. Although this settlement does not directly affect individual talcum powder lawsuits, it aims to prevent future cases from being filed.
April 2023 Settlement Offer
In April 2023, J&J proposed an $8.9 billion settlement to approximately 60,000 plaintiffs as part of its bankruptcy strategy. However, this settlement was never court-approved.
Recent Jury Verdicts
June 2024 Verdict
A Connecticut jury awarded $15 million to the family of Nicholas Barone in June 2024. Barone passed away from mesothelioma after being exposed to asbestos-containing talc at his workplace.
Other Notable Verdicts
Johnson & Johnson has faced substantial verdicts in recent years, including a $260 million verdict in Oregon and a $45 million verdict in Illinois for mesothelioma claims linked to its talc products.
Ongoing Litigation
As of June 2024, Johnson & Johnson is still facing 57,365 talcum powder lawsuits in New Jersey, primarily consolidated in multidistrict litigation (MDL 2738). Despite the company’s settlement offers, plaintiffs continue to resist, pushing back against the proposed settlement amounts and terms.
New Class Action Lawsuits
A new class action lawsuit has emerged, aiming to ensure that Johnson & Johnson covers the cost of cancer monitoring for women at risk of developing cancer due to talcum powder use.
Historical Context
Legal battles over J&J’s talc-based products date back to 1999. Over 150,000 women have filed claims, resulting in numerous lawsuits and settlements. These legal issues have significantly impacted J&J’s baby powder sales. The company stopped selling talc-based baby powder in North America in 2020 and globally in 2022 due to safety concerns.
These updates highlight the persistent legal challenges Johnson & Johnson faces regarding its talcum powder products and the ongoing evolution of settlements and litigation.
