Johnson & Johnson Talcum Powder (Baby Powder) was launched in 1894. Reuters has reported that as early as 1971, J&J’s talc and powders would sometimes test positive for tiny amounts of asbestos. Professionals associated with the company, including doctors and scientists, worried about how to address the problem but failed to disclose it to the public.
Over the past 30 years, studies have indicated a close link between talcum powder and ovarian cancer. In 1971, Wales’ scientists discovered a relatively significant risk of developing ovarian cancer in women who dusted talcum powder on their genitals. They found particles of talc embedded in ovarian and cervical tumors and detailed findings in The Lancelet journal. Also, in 1982, a peer-reviewed medical journal concluded that 10% of all annual ovarian cancer diagnoses were related to genital talc.
If these products have harmed you, the Johnson & Johnson lawsuit attorneys at Stephens & Stephens can help you get the compensation you are owed.
J&J faces lawsuits
In October 2019, the U.S. Food and Drug Administration (FDA) completed a year-long study of talc-containing cosmetic products. After detecting asbestos in several products, the FDA worked with manufacturers, including J&J, on recalls of some of the products that contained traces of asbestos. Later that same month, J&J recalled a lot of Johnson’s Baby Powder.
By April 2020, J&J was named in thousands of lawsuits alleging a link between the company’s talc products and cancer diagnoses. As of July 2022, the company had nearly 38,000 cases related to asbestos in talc products and had paid approximately $4 billion in settlements, verdicts, and defense costs.
The company now faces over 38,000 lawsuits from consumers and their survivors claiming its talc products caused mesothelioma and ovarian cancer to regular users due to contamination. Some ongoing cases have been consolidated into the “Talcum Powder MDL.”
The foundation of the Johnson & Johnson talc lawsuit is that the company knew it was selling a product containing a cancer-causing agent, was aware of this for decades, and did not warn its customers of the grave risks of the product. The company refers to research into the matter as inconclusive and thus does not include an ovarian cancer warning on its talcum powder products.
On August 12, 2022, Johnson & Johnson announced that it would no longer sell products containing talcum powder by the end of 2022. However, it discontinued distribution in the U.S. and Canada and continued selling talc products internationally. As of 2023, the company has also changed baby powder products from talcum to cornstarch.
Talc-containing products implicated in ovarian cancer lawsuits include the following:
- Johnson’s Baby Powder
- Shower to Shower
- Gold Bond No Mess Powder Spray
- Gold Bond Body Powder
- Gold Bond Extra Strength Body Powder
- Old Spice powder
- Suppliers of talcum powder and retailers, including Target, Walmart, CVS, and Walgreens, have all been successfully sued.
- Talc product companies named in lawsuits include:
- Johnson & Johnson
- Colgate-Palmolive
- Imerys Talc North America
- Whittaker, Clark & Daniels
- Vanderbilt Minerals
J&J Baby Powder Lawsuit February 2024 updates
J&J agreed to pay a $700 million settlement to over 40 states regarding its talcum powder marketing.
As of February 2024, 53,767 talcum powder lawsuits were pending in multidistrict litigation (MDL 2738) in New Jersey District Court before Judge Michael A. Shipp.
In October 2023, a New Jersey court tossed a $224 million verdict after J&J appealed the ruling by a lower in 2019. The four plaintiffs alleged that they got cancer after using the company’s talcum powder products. The plaintiffs (Douglas Barden, David Etheridge, D’Angela McNeill-George, and William Ronning) were to receive a compensation of $37.3 million, and $186.5 million in punitive damages. The court ordered a new trial after finding that the expert testimony presented in the lower court was faulty. The court concluded that the experts (William Longo, Jacqueline Moline, and James Webber) should not have been allowed.
J&J sets aside $3.9 billion for “talc-related reserves and certain settlements
In January 2021, Johnson & Johnson set aside 3.9 billion dollars for “talc-related reserves and certain settlements”. Settlement amounts and verdicts can vary in product liability- a survey of recent verdicts shows that the value of a case averages $355,600,000.
In Feb 2023 Congressman Steve Cohen (D-Ten.) called for a federal investigation into the healthcare costs associated with Johnson & Johnson talcum powder products. In a letter to the U.S. Government Accountability Office (GAO), Rep. Cohen claimed that J&J knew for years that asbestos in its talc products was harmful but did nothing about it. Cohen wants the investigation to determine how much federal tax dollars have been spent on healthcare claims related to talcum powder injuries.
J&J agrees to pay 8.9B talc settlements in bankruptcy
J&J has made several attempts to settle the personal injury and consumer protection claims. In April 2023, Johnson & Johnson agreed to pay $8.9B to settle tens of thousands of cancer claims. The plaintiffs considered this move a victory after a decade-long court battle, with about 80,000 or 75% of claimants supporting it. The payments would be made over 25 years through the company’s subsidiary, LTL. The subsidiary had filed for bankruptcy severally, proposing a $2B settlement. The $8.9B fund is meant to resolve current and future claims involving the company’s talc products. Thirty-eight thousand lawsuits had been put on hold since LTL filed for bankruptcy in 2021.
Of the $8.9 B, $6.5 billion would settle ovarian cancer claims, $2 billion for mesothelioma claims, and $400 million for consumer protection and false marketing claims by state attorneys general. This would have become the second-largest product liability settlement after Roundup and the second-largest bankruptcy settlement in U.S. history.
J&J file for bankruptcy denied
It follows that the cases had been on hold since October 2021, when the company created a subsidiary, called LTL Management, which would be liable for those claims. Days after it was created, LTL filed for bankruptcy protection, a move that immediately faced legal challenges from plaintiffs claiming it was a way for the company to limit what it would ultimately have to pay out in the talcum-powder cases. The court expressed concern that allowing this would spark a wave of similar bankruptcy filings by financially solvent companies looking to shed litigation liabilities. For the first time in 14 months, seven new cases were added to the Talcum powder class action MDL in March 2023 bringing the total number of pending cases up to 37,522.
On March 22, 2023, Johnson & Johnson’s bankruptcy subsidiary, LTL Management, lost a reconsideration of its bankruptcy case from the Third Circuit Court of Appeals. The court upheld its January ruling that LTL’s bankruptcy was improper. However, J&J announced its intention to ask the Third Circuit to pause the ruling for an appeal to the Supreme Court.
New judge takes over the talc cases 2023
February 13th, 2023, A new judge (U.S. District Judge Michael Shipp) based in Trenton took over from Chief District Judge Freda Wolfson to oversee tens of thousands of lawsuits in New Jersey federal court against Johnson & Johnson over its talc products. He will be presiding alongside Hon. Rukhsanah L. Singh.
The talc baby-powder-mesothelioma risk
Mesothelioma is a cancer known to occur in the cells covering the outer surface of some of the body’s organs. Mesothelioma’s primary risk factor is asbestos, accounting for up to 80 percent of all cases. Living with someone who works with asbestos may also increase an individual’s risk for developing mesothelioma because asbestos particles can travel on skin and clothing.
The mesothelium is an outer membrane that covers the lungs, abdomen, heart, and testes. This tissue is made from mesothelial cells, which form a monolayer of specialized pavement-like cells lining the body’s serous cavities and internal organs. The mesothelium layer provides a slippery, non-adhesive, and protective surface.
When exposed to asbestos, mesothelial cells react. The fibers cause this tissue to inflame, leading to scar tissue plaques forming on the surface of the protective lining. Within this scar tissue, malignant mesothelioma tumors begin to grow.
Plaintiffs who filed mesothelioma claims against J&J argue that the inhalation of talcum powder resulted in mesothelioma and lung disease. Several lawsuits also argue that talc exposure poses significant health risks with or without asbestos contamination and can still lead to the disease.
The talc baby-powder-cancer risk
Baby powder is 99% talc. Talc is mined from the earth in its natural form; the mineral comprises magnesium, silicon, and oxygen. As a powder, it absorbs moisture, reduces friction, keeps the skin dry, and prevents rashes.
Contaminated talc tends to contain highly carcinogenic (cancer-causing) forms of asbestos, such as tremolite or anthophyllite. Studies have found these forms to be more carcinogenic than chrysotile, the most-used type of asbestos.
As women use talcum powder products around their genital area, some talcum can travel into the ovaries from the fallopian tubes. The process is commonly referred to as transmigration.
It is alleged that talcum can be trapped in a woman’s ovaries for years, causing inflammation. The inflammation leads to environments favorable for the growth of cancer cells. Also, long-term inflammation can eventually lead to the formation of cancerous tumors.
Some litigation also claims that talcum can cause fallopian tubes and peritoneal cancer.
Unlike some other types of cancer, ovarian cancer may be unaccompanied by symptoms. Many ovarian cancers are discovered too late after spreading to other body parts, such as the pelvic region or abdomen. Once this has occurred, ovarian cancer is much more difficult to treat.
Ovarian cancer talc research findings
- About 24,000 women are diagnosed with ovarian cancer annually in the U.S. Unfortunately, 14,000 women die each year.
- The International Agency for Research on Cancer, under the World Health Organization (WHO), warns against the genital use of talc-based body powder due to its carcinogenic nature to humans. Women who use baby powder products daily or weekly for an extended amount of time are at increased risk of ovarian cancer.
- 20% to 30% of studies have confirmed that talcum powder increases the risk of developing ovarian cancer.
- Studies by Dr. Daniel W. Cramer, Harvard epidemiologist, and his colleagues show that women using talcum powder on their genitals and sanitary pads were more than three times (33%) likely to get ovarian cancer. Cramer, also the head of the Obstetrics and Gynecology Epidemiology Center at Brigham and Women’s Hospital in Boston, testified as a paid expert in the talcum powder lawsuits. The doctor testified that 10,000 women would likely develop ovarian cancer annually from using talcum powder.
- Analysis from the Ovarian Cancer Association Consortium reported that using talcum powder on a woman’s genitals increases the risk of developing ovarian cancer by 24 percent.
- Research at the Tisch Cancer Institute of Mount Sinai Hospital in Manhattan, New York findings, documented in the European Journal of Cancer Prevention in 2017, suggests a 20% to 30% risk. These studies are also supported by findings from researchers from Brigham and Women’s Hospital, who reviewed data from eight research papers involving about 2,000 women.
- Earlier research published in the journal Anticancer Research in 2003 indicated that using talc powder on female genitals increased the risk of ovarian cancer by about 30%.
- In research on African American women, genital powder use (Cancer Epidemiology, Biomarkers & Prevention published by Joellen M. Schildkraut) found that African American women who apply talcum powder in their genital area have a 44 percent increased risk of developing ovarian cancer. Critics say Johnson & Johnson specifically marketed talcum powder products to African American women.
- The same study shows a link between talc powder use and upper respiratory conditions. The enhanced inflammatory response in the findings may explain the close link between the powder and ovarian cancer.
How to determine if the cancer occurred from baby powder
Tissue samples and pathology reports used to diagnose the cancer and determine the best treatment method are examined to determine if the tissues contain baby powder fibers.
Also, medical records pathology reports are evaluated by baby powder cancer experts, to determine whether baby powder may have caused the cancer.
Who can file a baby powder lawsuit?
Women, or the family members of women, who have been diagnosed with ovarian or certain other cancers should have:
Used a Johnson & Johnson talcum powder product (Baby Powder or Shower-to-Shower) regularly for at least one year; and have been diagnosed with ovarian cancer, endometroid ovarian cancer, or mesothelioma sometime in the last three years.
If you fulfill any of these criteria, contact our Johnson & Johnson lawsuit attorneys.
Talcum Powder Lawsuits
The first lawsuit in South Dakota District Court
A 49-year-old woman is diagnosed with ovarian cancer. She had dusted Johnson & Johnson baby powder between her legs every day for 30 years. Doctors found talc particles embedded in cancerous tissues removed from the woman’s body.
Her suit alleged that talc from the Johnson & Johnson baby powder had caused her cancer and contended that the manufacturer should have warned about the link between talc and ovarian cancer on the product label.
The court did not say that talc was the cause of the woman’s cancer. However, there was enough evidence supporting the link between talc and ovarian cancer to require Johnson & Johnson to warn women about the risk.
Talcum Powder Iconic Lawsuits
2013 First lawsuit, South Dakota District Court
A 49-year-old woman is diagnosed with ovarian cancer. She had dusted Johnson & Johnson baby powder between her legs and used the shower to shower every day for 30 years. Three different doctors examined cancerous tissues from Ms. Berg and concluded that the presence of talc had caused her ovarian cancer to develop.
Her suit alleged that talc from the Johnson & Johnson baby powder had caused her cancer and contended that the manufacturer should have warned about the link between talc and ovarian cancer on the product label. The jury found Johnson & Johnson negligent but did not award damages to the plaintiff. In their verdict, there was enough evidence supporting the link between talc and ovarian cancer to require Johnson & Johnson to warn women about the risk.
July 2018, Missouri a $4.7 Billion Verdict for 22 victims
A group of cases tried together resulted in a stunning $4.7 billion jury verdict, but was later reduced to $2.1 billion. Supreme Court refused to hear an appeal.
August 2017 California $417 Million Verdict
A medical receptionist developed ovarian cancer and alleged Johnson’s Baby Powder caused her injury. A Los Angeles jury awarded her $417 million. The treating doctor testified to the causal relationship between baby powder in ovarian cancer.
February 2016, Missouri $72 Million Verdict
A woman dies of Stage 3 ovarian cancer at 62. The woman had used Johnson & Johnson baby powder for 35 years. The woman’s son brought a lawsuit against Johnson & Johnson claiming that talc contributed to his mother’s cancer. He also claimed that Johnson & Johnson violated that standard of care by not putting a warning about the link between talc and ovarian cancer on its label. The jury ordered Johnson & Johnson, the woman’s family, $72 million. What is startling is that only $10 million was for actual damages. The other $62 million was for punitive damages- $1 million for every year of the woman’s life.
May 2016 Missouri $55 Million Verdict
A woman is diagnosed with ovarian cancer at age 62. She used Johnson & Johnson’s talc-based products for almost 40 years. A jury awarded her $55 million. Of the payout money awarded, $5 million was in compensation, and $50 million was in punitive damages.
2021 Nora Daniels Failed Case
Nora Daniels’s lawyers have taken three cases to trial in 2021 and lost every one. But one colossal verdict turns all of that around.
Summary of some of J&J talc products’ liability cases
- 2006, mesothelioma $3.35 million verdict case NJ
- 2015, mesothelioma $13 million verdict case CAL
- 2016 mesothelioma $18 million
- 2016 Feb Jacqueline Fox $72 million
- 2016 ovarian cancer $70 Million CAL
- 2016 May Gloria Ristesund (ovarian cancer) $55 Million MO
- 2017 mesothelioma $22 Million CAL
- 2017 Eva Escheverria Ovarian cancer $417 million CAL
- 2018 Mesothelioma case $117 million MO
- 2018 May Joanne Anderson was awarded $25 million
- 2018 April Stephen Lanzo was awarded $37 million
- 2018 mesothelioma case $1.5 million (settlement)
- 2019 ovarian cancer $325 million (reduced to $120 million) NY
- 2019 mesothelioma (3 plaintiffs) $37.2 million NJ
- 2019 Teresa Leavitt Mesothelioma $30 million CAL
- 2020 Oct ovarian cancer bulk settlement $100M for 1,000 cases
- 2021 Ovarian Cancer Defense Verdict IL
- 2021 Aug mesothelioma $26.5 million CAL
- 2021 Sep ovarian 3 plaintiffs (defense verdict)
- 2021 Sept ovarian cancer defense verdict PA
Call the Johnson & Johnson Mass Tort Attorneys From Stephens & Stephens, LLC
An attorney from Stephens & Stephens, LLC can help. Our Johnson & Johnson mass tort lawyers can be reached when you call 1-800-548-4494 or fill out the contact form on our website.