Johnson & Johnson Faces Over 50,000 Lawsuits Over Talc-Based Baby Powder
Johnson & Johnson (J&J) is embroiled in more than 50,000 lawsuits in the United States. Plaintiffs claim that asbestos in J&J’s talcum-based baby powder products caused ovarian cancer or mesothelioma, both linked to talc exposure.
Financial Impact and Legal Maneuvers
To date, J&J has paid over $2 billion in settlements and spent approximately $4.5 billion defending and settling talc-related litigation, according to the Wall Street Journal. Bloomberg reports that J&J has also spent $178 million on a controversial bankruptcy strategy, which has failed twice. This strategy, known as the Texas Two-Step, involved creating a new company to absorb liability for talc settlements and then declaring it bankrupt. Critics argue this tactic abuses bankruptcy laws and undermines consumer protections.
Internal Knowledge and Marketing Practices
Documents revealed during trials, as reported by Bloomberg and Reuters, indicate that J&J knew for decades about potential asbestos contamination in its talc supplies. Despite this knowledge, the company intensified its marketing efforts towards African American women and other high-use groups. J&J maintains on its Facts About Talc website that its talc-based products are asbestos-free and safe to use.
Talc and Cancer Risks
Talc is a naturally occurring mineral that can sometimes be contaminated with asbestos, a known carcinogen. The U.S. Environmental Protection Agency and the World Health Organization’s International Agency for Research on Cancer (IARC) classify asbestos as a human carcinogen with no safe exposure level. IARC also classifies talc containing asbestos as carcinogenic to humans and suggests that perineal use of talc body powder not containing asbestos is possibly carcinogenic based on limited evidence.
J&J’s Response to Allegations
In response to the lawsuits, J&J stated it will “vigorously litigate” the “meritless” claims, emphasizing that over 40 years of studies by independent medical experts support the safety of cosmetic talc.
Historical Context of Talc-Based Baby Powder
J&J launched its baby products line in 1894 with talc-based baby powder. Talc gives products a silky feel but can be contaminated with asbestos due to their proximity in natural deposits. Asbestos fibers can be inhaled or ingested, posing significant health risks.
Legal and Regulatory Challenges
Internal documents suggest that J&J was aware of asbestos contamination from at least 1971 but did not disclose this information to regulators or the public. Reports from various labs over several decades identified asbestos in J&J’s talc products. Despite these findings, J&J has consistently denied the presence of asbestos in its products.
Marketing to Vulnerable Populations
In response to declining sales following IARC’s classification of cosmetic talc as possibly carcinogenic, J&J targeted African American and overweight women for increased sales. Internal marketing memos revealed strategies to focus on areas with higher African American populations.
Discontinuation and Global Sales
In May 2020, J&J announced it would discontinue sales of talc-based baby powder in the U.S. due to declining demand and ongoing litigation. However, the company continues to sell these products globally.
Texas Two-Step Strategy
J&J’s attempt to use the Texas Two-Step strategy to manage its legal liabilities has been widely criticized. The strategy involves creating a new entity to handle liabilities and then declaring it bankrupt to halt lawsuits temporarily. Despite robust sales revenues, J&J created LTL Management to manage talc-related claims and declared it bankrupt two days later.
Congressional and Legal Pushback
Members of Congress have condemned J&J’s bankruptcy maneuver as an attempt to deny victims their day in court. Legislation has been introduced to prevent companies from abusing bankruptcy laws to evade accountability.
Ongoing Litigation and Settlements
As of June 2024, J&J continues to face jury trials and pursue settlements. In June, a jury awarded $260 million to an Oregon woman who developed mesothelioma from using J&J’s talc powder.
Suing Medical Researchers
As part of its legal strategy, J&J has sued medical researchers who published studies linking talc-based powders to cancer, claiming these studies damaged its reputation.
Availability of Talc-Based Baby Powder
Despite announcing the discontinuation of talc-based baby powders in the U.S., J&J continues to sell existing inventory until supplies run out. Some products are still available for sale online.
History of Unsafe Products
J&J has faced numerous legal challenges over unsafe products, including opioids, Risperdal, transvaginal mesh products, hip implants, Xarelto, and Invokana. The company has paid billions in settlements but continues to face scrutiny over its practices.
Additional Resources
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