Johnson and Johnson Talc Lawsuit - Guardian Legal Network

Talcum Powder Lawsuit

Women worldwide have included baby powder as part of their feminine hygiene routine for over a century. Women never thought that a product created for a baby’s skin could ever cause them harm, so they applied it every day. However, with every sprinkle, they increased their chances of developing ovarian cancer or even mesothelioma.

In fact, by the 1900s, talcum-based powder was enjoying a surge in popularity. Johnson & Johnson (J&J) began marketing it to midwives and new mothers following childbirth. Women applied it to both their undergarments as well as their genitals to absorb moisture and reduce friction. Johnson & Johnson’s Shower to Shower was advertised for use in the genital area for many years.

Lawyers around the country are reviewing cases of women who have been diagnosed with some form of cancer caused by talcum powder. Johnson & Johnson should be held fully accountable as the company potentially knew of these risks but failed to warn the public. The Guardian Legal Network helps victims of talcum powder find qualified legal representation. To connect with an experienced talcum powder lawyer, contact us today.

What Is Talc-Based Baby Powder?

Baby powder is a term generally used regarding talcum powder. Its base ingredient is talc, a mineral composed of magnesium, silicon, and oxygen. In powder form, it helps to ease friction and is quite absorbent.

Sales of the first tins of Johnson & Johnson’s Baby Powder date back to 1893. Frederick Barnett Kilmer, director of scientific affairs at Johnson & Johnson, recommended sending customers containers of Italian talc to soothe their skin after it had been irritated by another product. The customers were so happy with it that the company started selling it.

The Link Between Baby Powder and Cancer

Despite its popularity and general benefits, evidence continues to emerge that shows talcum-based products such as baby powder contain asbestos. Products from Johnson & Johnson, such as Johnson’s Baby Powder and Shower to Shower, have been linked to cancer such as mesothelioma, a rare but fatal cancer commonly caused by asbestos exposure.

The American Cancer Society says it is crucial to differentiate between talc with asbestos and talc that’s asbestos-free. While it is commonly accepted that inhaling talc containing asbestos could lead to lung cancer, it is still unclear whether the same can be said for asbestos-free talc.

Multiple studies on this topic have been performed over the years. In one study, particles of talc were found to be present in ovarian cancer cells. Other studies have connected the daily use of talcum powder to the development of ovarian cancer. A study performed in 2016 showed a 44% increased risk for a specific type of ovarian cancer in African-American women who applied the powder to their genitals.

The International Agency for Research on Cancer, which is part of the World Health Organization, cautions that talc could “possibly” cause cancer in humans.

Thousands of Women File Talcum Powder Lawsuits

Johnson & Johnson came face-to-face with the courts over this issue for the first time in 2009. Diane Berg was given an ovarian cancer diagnosis and concluded her daily use of J&J’s baby powder for 30 years was the culprit. She stated she had no reason to suspect the powder was the problem because there were no warnings on the label. After suing Johnson & Johnson for negligence, she was awarded a $1.3 million settlement in 2013. She declined the settlement as she did not want to be forced to sign a confidentiality agreement.

Thousands of women have followed Diane Berg’s lead and taken on Johnson & Johnson. They have sued for negligence and failure to disclose the dangerous association between Johnson & Johnson’s products and cancer risk.

In 2016, a St. Louis jury sided with Gloria Ristesund and awarded her $55 million in damages. In her lawsuit, she claimed that she had been using J&J’s Baby Powder for 35 years before her ovarian cancer diagnosis. Her lawyer stated that there were internal documents from Johnson & Johnson showing they were aware of studies linking the use of talcum powder to ovarian cancer but continued to market it as a safe product.

Talcum Powder and Cancer

Both the National Cancer Institute and the American Cancer Society have considered talcum powder as a “risk factor” for causing ovarian cancer. This type of cancer begins in the ovaries and is often not found until it has spread to the pelvis and abdomen.

If you suffered any of the following injuries, you may qualify to file a lawsuit:

Ovarian Cancer
Primary Peritoneal Cancer
Fallopian Tube Cancer
Mesothelioma

If you are unsure about your form of cancer, speak with your healthcare provider.

Mesothelioma is another form of cancer linked to talcum powder. Asbestos is what causes the development of mesothelioma. In July 2018, a jury held Johnson & Johnson and its talc supplier, Imerys, liable for a man’s mesothelioma. He was awarded $177 million. A California state jury awarded the family of a woman who died from mesothelioma $29 million after finding J&J’s talcum powder products contain asbestos.

Talcum Powder Lawsuit Updates

January 2023: 40,000 plaintiffs are suing Johnson & Johnson for their negligence. The company filed for bankruptcy to limit what the potential billions of dollars they would need to pay in settlements. This filing has been denied by the U.S. Court of Appeals.
June 2021: The U.S. Supreme Court rejects Johnson & Johnson’s request to overturn a landmark ruling in favor of 22 women with ovarian cancer. A judge ruled the company would need to pay the women a combined $2.1 billion.
May 2020: Johnson & Johnson announces sales of talc baby powder will be discontinued in North America following mounting legal filings against the company.
December 2018: Reuters releases a report detailing Johnson & Johnson baby powder contained trace elements of asbestos on multiple occasions from 1971 to 2003. These details come from several company memos from executives, mine managers, scientists, doctors, and lawyers.

Find a Talcum Powder Lawyer Today

Experienced product liability attorneys have the skills required to put together a case for your talcum powder lawsuit. Large corporations such as Johnson & Johnson are all too familiar with claims against their products, and they do not readily admit liability. This is where a skilled talcum powder lawyer will be needed to help guide you through the complex legal process.

Start your conversation with The Guardian Legal Network now to find a lawyer today.

References

Muscat, Joshua E, and Michael S Huncharek. “Perineal Talc Use and Ovarian Cancer: A Critical Review.” European journal of cancer prevention : the official journal of the European Cancer Prevention Organisation (ECP). U.S. National Library of Medicine, April 2008. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3621109/#R33.
Rakoff-Nahoum, Seth. “Why Cancer and Inflammation?” The Yale journal of biology and medicine. U.S. National Library of Medicine, December 2006. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1994795/.
Simonetti, Isabella. “Johnson & Johnson’s Attempt to Contain Talc-Related Liabilities Is Rebuffed.” The New York Times. The New York Times, January 30, 2023. https://www.nytimes.com/2023/01/30/business/johnson-johnson-talc-baby-powder-lawsuit.html#:~:text=More%20than%2040%2C000%20plaintiffs%20have,irritant%20that%20led%20to%20cancer.
Stohr, Greg, and Jef Feeley. “J&J (JNJ) Must Pay $2.1 Billion Talc Award as Top Court Rejects Appeal.” Bloomberg.com. Bloomberg, June 1, 2021. https://www.bloomberg.com/news/articles/2021-06-01/j-j-must-pay-2-1-billion-talc-award-as-top-court-rejects-appeal#xj4y7vzkg.
Zuckerman, Diana, and Meg Seymour. “Talcum Powder and Ovarian Cancer.” National Center for Health Research. Accessed March 31, 2023. http://www.center4research.org/talc-and-ovarian-cancer/.