[2024 Guide] Johnson and Johnson Baby Powder Lawsuit

What Is the Johnson & Johnson Baby Powder Lawsuit?

The Johnson & Johnson Baby Powder Lawsuits are a massive litigation effort by tens of thousands of talcum powder plaintiffs who have used the company’s talc-based baby powder for extended periods and claim that it caused their illnesses.

These talcum powder lawsuits allege that the products contained dangerous chemicals that increased the risk for several devastating health conditions.

Talcum powder may contain asbestos, a known carcinogen, which can cause severe medical conditions such as ovarian cancer and mesothelioma.

Below, we outline the key events of the Johnson & Johnson Baby Powder Lawsuits timeline.

1999: The First Lawsuit Claiming Talc Products Caused Cancer

The J&J Talcum Powder Lawsuit started as early as 1999 when a Texas woman with mesothelioma hired a personal injury lawyer to get to the bottom of her condition.

They deduced that the J&J’s baby powder she had been using all her life was potentially to blame for her cancer diagnosis.

The baby powder company was able to avoid submitting talc powder test results and internal company records and claimed that its talc-based products were free of asbestos.

Because of the lack of evidence, the baby powder litigation was unfortunately unsuccessful.

2013: The First Talcum Powder Lawsuit Trial

In 2013, the first talcum powder case trial in Federal District Court in South Dakota was successful.

Sioux Falls native, Deane Berg, sued the company after her ovarian cancer diagnosis in 2006 and won a $1.3 million settlement.

However, she turned it down in exchange for the company to include warning labels on the talcum powder product or to remove it from shelves.

Unfortunately, the talcum powder company did not comply, and she failed to get the baby powder cancer warning label for other consumers.

2018: The First Successful Talcum Powder Lawsuits

In April 2018, a New Jersey couple sued Johnson & Johnson after husband Stephen Lanzo III contracted mesothelioma after using the company’s talc powder for over 30 years.

A jury awarded him $30 million and his wife Kendra Lanzo $7 million in compensatory damages.

They also received $80 million in punitive damages, a total of $117 million in compensation.

In July 2018, 22 talc plaintiffs filed several talc lawsuits consolidated into a class action multidistrict litigation (MDL) in the Circuit Court for the City of St. Louis after developing ovarian cancer from their long-term use of the talcum powder products, specifically Johnson’s Baby Powder and Shower to Shower.

The Missouri jury found J&J liable, and the verdict was $4.14 billion, of which $25 million for each plaintiff ($550 million) were compensatory damages and $4.14 billion were punitive damages. J&J immediately refuted and appealed the verdict.

Reuters published a report in December 2018 revealing that Johnson & Johnson knew for decades about the asbestos contamination of its talcum powder.

The company was aware of the contamination since 1971 but ignored it and kept selling its baby powder without warning consumers.

They also assured the United States Food and Drug Administration (FDA) that their talc-based products were asbestos-free, failing to report at least three lab results that revealed the presence of asbestos.

2019: Governmental Action and Testing of Talc Based Baby Powder Products

Following the Reuters report, Senator Patty Murray (D-WA) sent a letter to Johnson & Johnson CEO Alex Gorsky in January 2019, demanding an explanation for informing the FDA that its talc-based products were asbestos-free when they were aware of the contamination.

She asked them to provide documents and information about the company’s talcum powder products, safety records, and testing results.

In October 2019, the FDA testing found traces of asbestos fibers in one of Johnson & Johnson’s baby powder samples.

This led to pharmacies and retailers nationwide removing talcum powder products from their shelves.

2020: J&J’s Effort to Discontinue Talc Products & More Successful Talcum Powder Lawsuits

In May 2020, Johnson & Johnson announced that it would discontinue shipping hundreds of its products in the United States and Canada, including its talc-based powder products.

This was their way to prioritize high-demand goods during the global pandemic, stating that the demand for talcum powder declined because of the misinformation about the product’s safety.

Their cornstarch-based baby powder is available in North America, and consumers can still get the talcum-based baby powder from other retailers until supplies last.

However, both cornstarch-based and talcum-based baby powder products are accessible in different markets around the globe.

In June 2020, the Missouri Court of Appeals reversed the $4.14 billion verdict awarded to the 22 women who filed talcum powder lawsuits against Johnson & Johnson in 2018.

The court found that J&J was not liable for 17 of the 22 plaintiffs, reducing the total compensation to $2.1 billion, with $500 million in compensatory damages and $1.6 billion in punitive damages.

The company continued to appeal the verdict to the Missouri Supreme Court, but the court declined to hear their appeal and affirmed the $2.1 billion ruling.

In October 2020, Johnson & Johnson announced a settlement of $100 million to resolve around 1,000 talcum powder lawsuits that were filed against them.

This is the first bulk settlement from the company since their baby powder products were linked to an increased risk of ovarian cancer and other severe illnesses.

While this settles plenty of talcum powder lawsuits, many affected individuals await a resolution and continue their legal fight against the company.

2021: J&J’s Legal Strategy to Shed Talc Liabilities

In October 2021, the pharmaceutical giant spun Texas law to pull a “Texas two-step” and created a separate subsidiary, LTL Management LLC (LTL), to handle the thousands of talcum powder claims filed against them and manage current and future talc liabilities.

Days later, the entity relocated from Texas to North Carolina.

LTL promptly filed bankruptcy, suspending the current talcum powder cases and any future Johnson & Johnson lawsuits.

They claimed that the Chapter 11 bankruptcy filing was the best way to provide a resolution that was “equitable to all parties.”

2022: Baby Powder Litigation Continues, J&J Replaces Talc Based Baby Powder with Cornstarch-Based Baby Powder

In September 2022, a three-judge panel of the Third Circuit Court of Appeals questioned LTL Management if its legal strategy was done in bad faith to avoid paying for its talc liabilities.

The panel was concerned that allowing the entity’s bankruptcy would prompt other financially solvent companies to file similar bankruptcy filings to shed litigation liabilities.

In April 2022, Johnson & Johnson investors and shareholders decided not to discontinue the global sales of the talcum baby powder despite the many legal battles they faced in court.

The company maintains that its talc-based powder products are safe and asbestos-free, providing them to consumers outside North America.

In August 2022, the pharmaceutical giant announced their commercial decision to transition to cornstarch-based baby powder for all markets, including the United States and Canada.

This marks the end of the worldwide sales of talcum-based baby powder products.

The company still stands behind decades of scientific evidence and findings, maintaining that its talc-based Johnson’s baby powder is “safe, does not contain asbestos, and does not cause cancer.”

2023: The Talcum Powder Litigation Continues, Johnson & Johnson Offer $8.9 Billion to Settle Talcum Powder Lawsuit

In January 2023, The appeals court dismissed the appeal from Johnson & Johnson after filing a Chapter 11 bankruptcy.

The court ruled that LTL, the separate subsidiary of J&J, was not in any financial distress that would warrant a bankruptcy filing.

The Texas two-step was considered a business decision with no legal merit, and the court could not honor the bankruptcy filing.

Legal experts commented that this court decision would deter those planning to use the bankruptcy court to shield themselves from litigation liabilities.

It also saves bankruptcy laws from being abused for corporate interests in dealing with mass tort liabilities.

In February 2023, federal bankruptcy judge Michael Kaplan expressed his intention to dismiss the Chapter 11 bankruptcy case once the Third Circuit Court of Appeals issues a formal mandate to dismiss the case.

J&J appealed for a rehearing of the case, which could further delay the process.

On March 16, 2023, seven new baby powder lawsuits were included in the talc-based powder class action MDL, bringing the total count of unsettled cases up to 37,522.

These were the first new talc cases since J&J’s Texas two-step legal strategy.

On April 4, 2023, LTL Management filed for a secondary Chapter 11 bankruptcy protection after the appeals court denied their earlier filing.

Additionally, Johnson & Johnson agreed to pay $8.9 billion over 25 years to cover the cost of settling legal claims.

This is a $6.8 billion increase from the previous $2.1 billion class action MDL settlement.

The $8.9 billion settlement aims to cover all existing and future talc liabilities.

However, plaintiffs are asking to dismiss the second Chapter 11 bankruptcy filing, allowing the talcum litigation to continue.

Some talcum powder lawyers believe that this settlement payout, with an average of $100,000 for each plaintiff, is insufficient to cover the total cost of settling all existing and potential talc cases.

Meanwhile, some baby powder lawyers argue that the talcum powder settlement may be the better option, as many victims urgently need the money to cover medical expenses and other costs.

The talcum powder litigation is far from over, and thousands of plaintiffs are holding their breath for their day in court.

While trials are still on hold, victims may file new talcum powder lawsuits to seek financial compensation.

Those diagnosed with ovarian cancer, mesothelioma, or other health complications after prolonged use of Johnson’s Baby Powder products may be eligible to join the talcum powder class action or file an individual lawsuit.

Experienced talcum powder lawyers can help victims understand their legal options and fight for maximum compensation.

What Are the Risks Associated With Talcum Powder?

Talcum powder has been a household staple for hundreds of years, used by generations to protect and soothe delicate baby skin.

However, talc-based baby powder is not limited to babies, and talc is also used for adult hygiene to absorb moisture or reduce friction.

Talcum powder users believed that talc-based baby powder was safe and posed no health risks.

However, research reveals that talcum powder may cause cancer or other related health issues.

Talcum powder is made from finely crushed talc, a naturally occurring mineral.

Talcum, scientifically known as hydrous magnesium silicate, is composed of a unique combination of magnesium, silicon, and oxygen.

Aside from baby powder, it’s also a significant ingredient in various cosmetic products, such as foundation, blush, and eye shadows.

Unfortunately, asbestos is also found within and nearby this natural mineral.

Several agencies, including the International Agency for Research on Cancer (IARC), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Health and Human Services (HHS), classify asbestos as a known human carcinogen.

This means that asbestos exposure may increase the risk of cancer.

Some diseases and health complications associated with talc-based baby powder include the following.

Ovarian Cancer

Ovarian cancer is the primary disease linked to talcum powder.

Several studies and clinical trials have suggested that long-term genital application of talc increases ovarian cancer risk.

The African American Cancer Epidemiology Study (AACES) compared African American women to determine a link between ovarian cancer and talcum powder.

The researchers found that women who applied talc powder in their genital region, other areas, or both were more likely to develop epithelial ovarian cancer than those who did not use baby powder.

The women who used talcum powder on their genital area had a 40% increased risk of ovarian cancer, while those who used it in non-genital regions had a 30% increased risk.

Additionally, the women who used talc powder in their genital area would have over a 1.8% lifetime risk of ovarian cancer, compared to the 1.3% risk for those who didn’t use talc powder in their genital area.

Johnson & Johnson has been known to target African American women in their marketing campaigns, and these women are more likely to use that product than other groups of women.

This indicates that this demographic is at an even higher risk.

The researchers also found that women with respiratory conditions, such as asthma, were more likely to develop ovarian cancer if they used talc powder.

They believed that using talc powder causes them to inhale or absorb talc particles, which can lead to inflammation that can cause the development of cancer cells.

Another study looked into several women of the same age living in Massachusetts and New Hampshire.

2,041 of these women developed ovarian cancer, while 1,578 were healthy.

Most participants reportedly used Johnson’s baby powder or Shower to Shower body powder.

Those who used cornstarch-based baby powder were not considered in the study.

The researchers found that talc powder users, regardless of whether they used the powder in their genital or non-genital areas, had a significantly higher risk of developing epithelial ovarian cancer.

The participants using talcum powder were 33% more likely to develop ovarian cancer.

Additionally, talc powder users had a 1.7% increased lifetime risk instead of a 1.3% lifetime risk.

The study also discovered that some women who used talc powder had a higher risk.

These include premenopausal women who went under a tubal ligation or hysterectomy and postmenopausal women who took hormone therapy to manage menopausal symptoms.

The researchers also believed that estrogen levels, body mass index (BMI), breastfeeding, smoking, and alcohol use affect the risk of developing ovarian cancer due to talc powder use.

Mesothelioma

Mesothelioma is a rare form of cancer that affects the lining of the lungs, abdomen, and heart.

Asbestos exposure, whether direct occupational, indirect, or secondary, may cause mesothelioma regardless of gender or race.

A study in the International Journal of Occupational and Environmental Health investigated an undisclosed “historic brand of cosmetic talcum powder associated with mesothelioma in women.”

The study results showed that the talcum powder brand contained traces of asbestos.

During the autopsy, the deceased victim’s lung and lymph node tissues revealed pleural mesothelioma, and the digested tissues had asbestos fibers, specifically anthophyllite and tremolite.

Lung Cancer

Lung cancer is another form of cancer that has been linked to talc powder.

The inhalation of talc particles can cause inflammation and damage to the lungs, leading to tumors and respiratory diseases.

Whether the cause is talc itself or the asbestos in it, both are of great concern.

The U.S. Department of Health and Human Services (HHS) cites asbestos as a cancer-causing agent that can increase the risk of lung cancer.

They also found that talc miners and millers occupationally exposed to tremolite and actinolite had a sixfold increased risk of lung cancer.

Is Johnson & Johnson's Baby Powder Safe Now?

Johnson & Johnson has removed their talcum powder products from the global market starting in 2023.

Some of their products had traces of asbestos, which may have caused several health problems for thousands of consumers.

It is in the public’s best interest to avoid using these products, especially in the genital area, as there is evidence that it increases the risk of ovarian cancer.

Do I Qualify To Participate In The Talcum Powder Lawsuit?

If you or a loved one has developed mesothelioma, ovarian cancer, or other forms of cancer subsequent to using talcum powder or talc-based baby powder, you may qualify to participate in a talcum powder lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to see if you qualify for a Talcum Powder Lawsuit instantly.

Before taking the initial steps for filing a baby powder lawsuit, you need to ensure that you mitigate injury by seeking proper medical treatment and following any orders that your doctor tells you.

After seeking proper medical attention, your next step is to familiarize yourself with the process of a civil lawsuit, so that you are aware of the steps involved in your baby powder lawsuit.

Then, you should hire a personal injury lawyer to represent you as your talcum powder lawyer.

Your talcum powder lawyer will help you to gather evidence, determine damages, establish liability and gain compensation for your talcum powder injuries.

Hiring A Talcum Powder Lawyer

Hiring a talcum powder lawyer to represent you in your baby powder lawsuit is one of the most important decisions that you will make.

You want to be sure that you hire a talcum powder lawyer who is experienced in personal injury lawsuits, toxic tort lawsuits, and product liability lawsuits.

Gathering Evidence For Talc Powder Lawsuits

Evidence is extremely important in a Talc Powder Lawsuit.

Your Talcum Powder attorney will be able to help you determine what evidence to retain for your case, and can help you secure evidence if you have trouble doing so.

Evidence in Talcum Powder Lawsuits may include:

• Medical records
• Medical bills
• Receipts of purchase of talcum powder products
• Photos and videos
• Witness testimony
• Any other evidence or proof that you used talcum powder products

Assessing Damages In A Talc Powder Lawsuit

Damages refer to the total amount of losses, economic and non-economic, incurred as a result of using talcum powder or toxic baby powder.

Your talc powder lawyers will be able to help determine and calculate your damages.

Damages in a Talcum Powder Lawsuit may include:

• Medical bills
• Future medical costs
• Lost income
• Lost earning capability
• Pain and suffering
• Lost quality of life
• Permanent disability
• Other compensatory and punitive damages

Torhoerman Law: Your Talcum Powder Lawyers

If you or a loved one developed ovarian cancer, mesothelioma, lung cancer, or other severe illnesses after using Johnson’s baby powder, you may be eligible to file a Talcum Powder Lawsuit.

The expert Talc Powder Lawyers at TorHoerman Law are available for a free, no-obligation consultation to help you understand your rights and discuss your legal options.

We strive to obtain fair settlement amounts for our clients and protect their interests in court.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the Johnson & Johnson Baby Powder Lawsuit instantly.