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calendar_month Jul, 4, 2024

2024 Talcum Powder Lawsuits Update, Whats new?


The History Behind Talcum Powder Lawsuits

It is amusing to realize how a basic cosmetic product like Talcum Powder can attract such criticism and abhor among consumers. Turns out, the beef between talc powder- producing companies and its safety and hygiene concerns dates back to the 1970s, when scientists and researchers began researching potential health risks associated with the usage of talcum powder, especially in the genital areas.

There has been a legal controversy brewing now for years with talcum powder production and its hazardous effects, leading up to even fatal diseases like ovarian cancer in women. Several consumers claim that baby powder manufacturers knew about the presence of a harmful substance called asbestos in products containing talcum powder, which could cause mesothelioma and ovarian cancer, but failed to warn consumers of the risk.

The ongoing talcum powder litigation has created significant legal scrutiny and controversy surrounding the relationship between talc and ovarian cancer. With thousands of individuals pursuing claims against talc manufacturers, including J&J, the outcomes of these lawsuits remain subject to legal proceedings and settlements.

Talcum powder lawyers continue to advocate for affected individuals seeking justice and compensation for the harm caused by talc products.

How was it brought to the Limelight?

The first lawsuit that was filed, alleging the harmful effects of Talcum powder emerged in the early 2000s but it was the high-profile case of Johnsons & Johnsons that attracted everyone’s attention in the years 2019-2020. After detecting asbestos in several of the products, the Food and Drugs Association worked with manufacturers, including J&J. Then, at last, traces of asbestos were found in the product range of Johnson’s baby powder.

By April 2020, J&J was among the few names against whom thousands of lawsuits were filed alleging a connection between the company’s talc products and cancer

diagnoses, which led the company to denounce the product range of talc-based Johnson’s Baby powder altogether in the countries of the U.S. and Canada. Up until July 2022, J&J had nearly 38,000 cases piled up against it, and every case was directed towards the irresponsible inculcation of asbestos in their talc-based products. As a result, the company had to pay approximately $4 billion, including the value price of settlements, verdicts, and defense costs.

Revival steps taken by J&J

With the concerned talcum powder lawsuit, J&J took up the baton of accountability, and unlike other manufacturers who claimed not to use talc in the production of their cosmetics, in 2020, J&J discontinued their talc-based products from the U.S. markets and replaced them (Talc-based powder) with cornstarch-based baby powder, but maintained sales in other parts of the world. As the relationship between talcum powder and cancer continues to evolve, the legal landscape is also changing with new verdicts, settlements, and ongoing trials.

Johnson & Johnson faced 57,365 pending talcum powder lawsuits in multidistrict litigation in June 2024. On May 1, 2024, Johnson & Johnson offered $6.48 billion as a form of settlement of all lawsuits that were claiming that their talcum powder usage had resulted in women getting diagnosed with ovarian cancer. If the settlement proposal were to be accepted, it would be able to cover 99.75% of lawsuits and would pay out over 25 years of allegations.

But this victory would not be easy, as it would require 75% of litigants to vote for approval within the short period of 90 days. This agreement deal would allow J&J to budget the settlement by having a subordinate company LTL Management by its side. Settlement experts suggest the agreement may be final by the end of July.

Recent Developments and Ongoing Litigation

In recent years, the trajectory of talcum powder lawsuits has taken divergent turns. It has developed over the years and created a surge of litigation activity. The relationship between talc and ovarian cancer continues to be a topic of controversy and legal scrutiny, with thousands of individuals pursuing claims against talc manufacturers, particularly Johnson & Johnson.

Johnson & Johnson’s approach to the talcum powder lawsuit has not been completely defenseless. In response to the lawsuits filed against them, J&J has defended its talc products by supporting them with proven scientific studies, expert opinions, and authorized approvals that ensure the safety of their talc-based powders. The company in defense gave a statement that said that their talc products undergo religious scientific testing which proves their authenticity as a company and grants them their plea for innocence which safeguards the company’s reputation against accusations of use of asbestos in their products.

Companies other than J&J who faced similar allegations

  1. Colgate-Palmolive: Colgate-Palmolive is an American multinational consumer products company headquartered in New York City. The organization faced analogous lawsuits and legal challenges as J&J over their product range of Cashmere Bouquet talcum powder, which was accused of containing asbestos and leading to ovarian cancer. The company settled some of the lawsuits but maintained the safety of its talc-based products.
  2. Imerys Talc America: Imerys Talc America, a talc supplier to companies like Johnson & Johnson, also faced lawsuits and legal claims related to asbestos contamination in their talc products. While the company constantly denied the allegations of using asbestos in their talc, Imerys had to file for bankruptcy in the year 2019 as they had a massive number of 14,600 lawsuits filed against them.
  3. Valeant Pharmaceuticals: Valeant Pharmaceuticals, now known as Bausch Health is a Canada-based Drugmaker company. Valeant Pharmaceuticals faced lawsuits and legal challenges over allegations that their Shower to Shower talcum powder contained asbestos and caused ovarian cancer. The company had to settle the allegations by paying a hefty sum of $45 million for the charges pressed against them.

 Johnson & Johnson powder

Solid Evidence working against J&J

J&J refuses to defer from their stand that their talcum powder used any type of hazardous substances, far from the alleged cancer-causing asbestos. However, a lawsuit in Missouri against the company used unsealed emails as evidence that worked

against the company. It proved the company guilty as it showed that the organization was well aware of the dangers.

The emails revealed that scientists wrote a report in 2009 that highlighted potential health risks, but J&J unlawfully told them to alter the report. This ultimately led to the

U.S. Food and Drug Administration not adding cancer warnings to the talcum powder.

Conclusion

As per recent news reports that circle around the Talcum Powder Lawsuits, J&J proposed a 6.5 billion bankruptcy settlement for its ovarian cancer allegation; currently, more than 57,000 cancer lawsuits remain pending in federal litigation. Contact Have A Lawyer to get the compensation you deserve.