Johnson & Johnson’s Problematic Fight against Allegations of Asbestos in its Talcum Baby PowderJanuary 17, 2019
More than 11,700 plaintiffs have filed talcum baby powder lawsuits against Johnson & Johnson (J&J), alleging the company knowingly sold asbestos-containing baby powder without informing the public and federal regulators. These lawsuits allege that J&J intentionally hid information about the dangers of its baby powder, contributing to the development of ovarian cancer for some baby powder users.
While some juries have already sided with plaintiffs, awarding verdicts ranging from $55 million to as much $4.69 billion, J&J continues to argue that it’s talcum baby powder:
- Is safe, gentle, and effective
- Has never contained asbestos.
A Closer Look at J&J’s Defense
On all fronts – from the cases playing out in courtrooms to social media, press releases, and more, J&J has been aggressively fighting allegations regarding the company’s negligence, asbestos-containing baby powder, and plaintiff’s injuries. Some of the lynchpins in J&J’s defense have included the arguments that:
- The U.S. Food and Drug Administration (FDA) has never found asbestos in J&J’s baby powder – As J&J tweeted in December 2018, “the FDA has tested Johnson’s talc since the ’70s. Every single time it did not contain asbestos.”
- J&J uses testing methods that go beyond the industry standard – According to J&J’s website, the company’s “safety assurance process exceeds industry and regulatory standards for baby and beauty personal care products. It’s a process that never ends – we continually review our product ingredients against the latest research and consumer feedback. We believe our process is among the most rigorous in the world and is at the core of our Safety & Care Commitment.”
- J&J has shared all information with regulators – It’s unclear how J&J is backing up this claim, despite it being a crucial element of the company’s defense.
J&J’s forceful fight against the allegations it faces over its talcum (talc) powder has even led the company to appeal with cases it has lost.
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Key Problems with J&J’s Defense
J&J’s defense has some glaring problems, including the facts that:
- As recently as 2000, asbestos was detected in J&J’s baby powder – While third-party lab tests dating back to the early 1970s have reported finding asbestos particles in Johnson & Johnson’s baby powder, more recent detections were made by scientists for J&J and their suppliers. This is according to a Reuters’ investigation, which also revealed that J&J only tests a small fraction of its talcum powder.
- Court documents have indicated that J&J WAS aware of the presence of asbestos in its baby powder – In fact, these documents show that, for decades, a number of J&J staff – from scientists and doctors to mine managers and executives – were not only aware of this problem, but that they were also worried about how to handle the company’s failure to disclose the problem to the FDA.
- If J&J DID know about its baby powder containing asbestos, there was no effort to warn the public – Although J&J seemed to be aware of the presence of asbestos in its talcum powder for decades, the public has only been informed about this within recent years. This strongly suggests negligence on the part of J&J, indicating that, had the company been responsible and provided the proper warnings about its talc powder, thousands of cases of ovarian cancer may have been preventable
Crucially, Johnson & Johnson suffered a big setback in its fight to reverse some of the groundbreaking verdicts awarded to plaintiffs in this ongoing litigation. In December 2018, J&J lost a motion seeking to reverse the $4.69 billion verdict a St. Louis jury awarded to 22 plaintiffs in July 2018.
While this may be a good sign for the thousands of plaintiffs with cases moving through the courts, it’s not too late for those who have been diagnosed with ovarian cancer after using J&J’s talc powder to seek justice. To find out more about a potential Johnson & Johnson baby powder lawsuit, simply contact the Amaro Law Firm for a zero-cost, zero-obligation case evaluation.
Trusted Talcum Powder Lawyers at the Amaro Law Firm Are Ready to Help You: Contact Us
If you or a loved one has been diagnosed with ovarian cancer and has a history of using talcum powder, it’s time to contact the experienced attorneys at the Amaro Law Firm. We are ready to discuss your potential case and aggressively advocate your rights moving forward.
Call (877) 892-2797 or email us for your FREE, confidential, no obligation consultation.
At the Amaro Law Firm, we are proud to help those who have been harmed by dangerous products seek the justice and financial recoveries they deserve. We know that compensation can never change a cancer diagnosis. We have also seen how the recoveries from Johnson & Johnsons baby powder lawsuits can be pivotal to healing and restoring lives.