Talcum powder manufacturers, retailers and suppliers continue to face lawsuits regarding claims their talc products were contaminated with asbestos that caused life-threatening cancers. In September 2024, a Johnson & Johnson subsidiary filed for bankruptcy in a key step to complete a proposed $8 billion talc settlement.
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Latest Talcum Powder Lawsuit Updates
Johnson & Johnson faced 58,198 pending talcum powder lawsuits in multidistrict litigation in November 2024. MDL 2738 is before Judge Michael A. Shipp in U.S. District Court for the District of New Jersey.
On May 1, 2024, Johnson & Johnson offered a $6.48 billion settlement of all lawsuits claiming its talcum powder caused ovarian cancer. If accepted, the proposal would cover 99.75% of lawsuits and would pay out over 25 years. It would require 75% of plaintiffs to vote for approval within 90 days.
In early September, J&J upped the settlement offer by another $1.1 billion, while also securing the support of a plaintiffs’ lawyer representing 12,000 clients, according to Reuters. J&J subsidiary Red River Talc then filed for bankruptcy in Texas court near the end of the month, a necessary move to complete the settlement that is now worth about $8 billion.
This is not the first time that J&J has attempted to finance a settlement by having a subsidiary company file for Chapter 11 bankruptcy. Twice before, courts have ruled against using this method to settle the litigation.
Status of Talcum Powder Lawsuits
October 2024: The U.S. Trustee Program filed a new motion to dismiss the bankruptcy case that is necessary to complete J&J's talc settlement. The judge overseeing the bankruptcy case said that a trial will be held early next year over the motions to dismiss as well as over claims that the announced plaintiff support for the settlement was not accurate.
Judge Lopez earlier this month allowed the bankruptcy case of Red River Talc to remain in Texas despite calls for it to be moved to New Jersey where past J&J settlement attempts have failed, which was a big win for J&J as it looks to complete its $8 billion talc settlement.
September 2024: On Sep. 20, Johnson & Johnson subsidiary Red River Talc filed for bankruptcy in Texas court, which is a necessary step to finalize the approximately $8 billion talc settlement. J&J said the settlement has the support of 83% of plaintiffs. Judge Christopher Lopez ordered an automatic stay on talc litigation after the bankruptcy case was filed.
Johnson & Johnson planned to add an additional $1.1 billion to its settlement proposal in early September. Reuters reported that J&J had also reached an agreement with a plaintiffs’ lawyer representing 12,000 clients to recommend the plan.
In other news, a $260 million verdict awarded to plaintiff Kyung Lee has been overturned by an Oregon state judge. Lee had blamed her mesothelioma on decades-long use of J&J’s baby powder and was awarded the positive verdict by an Oregon jury in June.
August 2024: A South Carolina state court jury awarded $63.4 million in damages to Michael Perry after he claimed that his mesothelioma resulted from Johnson and Johnson baby powder usage. Perry, who was diagnosed with mesothelioma in 2023, had used the powder every day due to a deodorant allergy. The Third Circuit Court of Appeals upheld the previous court ruling and stopped J&J's third attempt at bankruptcy. The health care giant plans to take the case to the U.S. Supreme Court. According to Bloomberg's sources, J&J has met the 75% plaintiff voting threshold to get the $6.5 billion settlement approved through bankruptcy. The settlement still hasn't received court approval and still faces opposition from plaintiffs' attorneys who represent plaintiffs against the settlement.
July 2024: Despite objections from the plaintiffs, a federal judge has approved J&J's $6.48 billion, 25-year lawsuit settlement plan to move forward. This plan aims to resolve thousands of talcum powder cancer lawsuits through a subsidiary's bankruptcy. Critics have noted that two previous attempts to address the matter through bankruptcy were unsuccessful, and they argue that the proposed settlement does not provide fair compensation to the plaintiffs.
In other news this month, Also this month, Dr. Jacqueline Moline, a scientist who wrote an influential paper on the link between asbestos contaminated talc and cancer, defeated a J&J lawsuits against her that claimed she was guilty of fraud and libel through her 2020 research paper on talc and cancer. The judge found J&J's lawsuit presented no evidence to prove its case.
At the beginning of July, the World Health Organization's International Agency for Research on Cancer reclassified talc from a "possible carcinogen" to a "probable carcinogen" after reviewing current scientific literature, including evidence of increased ovarian cancer risk in women who used talcum powder in the genital area.
In mid-July, Johnson & Johnson proposed a $505 million settlement by December 31, 2025, to paid to bankrupt talc miners Imerys Talc America and Cyprus Mines Corporation to resolve disputes over talc liabilities.
June 2024: An Oregon jury ordered Johnson & Johnson to compensate Kyung Lee with $260 million. Lee, a 48-year-old woman, claimed that her lifelong use of J&J Baby Powder — some of it tainted by asbestos — caused her mesothelioma. Later the same month, a class action lawsuit was filed in New Jersey seeking damages and medical monitoring for women who used Johnson & Johnson's talc-based products. The proposed settlement class would not include those who previously sued the company for talc-related claims.
May 2024: Johnson & Johnson proposed a $6.48 billion settlement of all lawsuits claiming ovarian cancer injuries. Later the same month, a new study linking talc use to ovarian cancer was published, potentially threatening the viability of the settlement offer. In talc trial news, a jury in Connecticut awarded $15 million to the family of Nicholas Barone. Barone passed away from mesothelioma after he was exposed to asbestos-contaminated talc. The jury found Vanderbilt Minerals LLC at fault, as the successor to International Talc, for Barone's death.
April 2024: A jury in Illinois ordered J&J and its Kenvue subsidiary to pay $45 million to the family of Theresa Garcia. Garcia died of mesothelioma allegedly linked to her use of J&J's talcum-based baby powder.
March 2024: A Florida lawsuit filed by Bob Sugarman, seeking compensation for the death of his wife Marilyn Seskin from a rare ovarian cancer allegedly caused by J&J's talcum powder, ended in a mistrial on March 5 when jurors couldn't reach a verdict.
January 2024: J&J confirmed that it has reached a $700 million settlement agreement with 42 states' attorneys general to resolve state investigations into whether the company misled consumers about the safety of its talc product. The settlement doesn't affect individual talcum powder lawsuits, but it could prevent future cases claiming the company knew about the link between its talc powder products and cancer.
October 2023: An appeals court in New Jersey overturned a $224 million verdict against J&J that had been awarded to four plaintiffs.
August 2023: Bankruptcy Court Judge Michael Kaplan rejected Johnson & Johnson subsidiary LTL Management LLC’s second attempt at bankruptcy. The judge ruled that there was no basis for the company to claim bankruptcy protection given the immense funds at its disposal.
April 2023: LTL refiled for bankruptcy protection again after the Third Circuit Court of Appeals nullified its original plan. J&J offered an $8.9 billion talcum powder settlement in an effort to again create a bankruptcy trust.
March 2023: The U.S. Court of Appeals didn’t allow LTL’s request to stay a bankruptcy ruling.
January 2023: The U.S. Court of Appeals for the Third Circuit issued a ruling that temporarily prevented J&J from exploiting bankruptcy law to resolve talcum powder cases.
October 2021: J&J created the subsidiary LTL Management LLC and transferred its talcum powder liability to this company. LTL then filed for bankruptcy — a move infamously known as the “Texas two-step.”
June 2021: The U.S. Supreme Court declined to hear J&J’s request to overturn a $2.1 billion verdict. The verdict originally came from a Missouri jury who ruled in favor of 22 women who claimed J&J’s talcum powder led them to develop ovarian cancer.
June 2021: The U.S. Supreme Court declined to hear J&J’s appeal of a $2 billion verdict awarded to 22 plaintiffs with cancer.
April 2018: A jury in New Jersey awarded $117 million to mesothelioma plaintiff Stephen Lanzo III.
August 2017: A jury granted $417 million to Eva Echeverria, who had ovarian cancer and died shortly after the trial.
May 2017: A St. Louis jury awarded $110 million to Lois Slemp for ovarian cancer attributed to decades of using Johnson’s Baby Powder.
May 2017: A jury granted a verdict of $70 million to Deborah Giannecchini, who claimed she developed ovarian cancer from using J&J baby powder.
February 2016: A court awarded Jacqueline Fox $72 million in the first lawsuit against J&J for a case involving ovarian cancer.
Lawyers who have been representing clients in this litigation for years, such as Trent Miracle, claimed J&J’s previously proposed $8.9 billion deal was too low. According to Miracle, there needs to be enough money set aside for injuries that could pop up many years in the future.
“You have no idea how many cancer cases are going to pop up between now and 10 years from now, 20 years from now,” Miracle told Consumer Notice.
The courts rejected the earlier settlement offer. Johnson & Johnson reports $11 billion set aside to deal with talc liability.
Diagnosed with mesothelioma or ovarian cancer after using talcum powder?
People are filing lawsuits to receive compensation for asbestos-related illnesses from exposure to talcum powder that contains asbestos. Asbestos and talc are both minerals that commonly occur together underground, which increases the risk of cross-contamination.
Talcum powder lawsuits can be for both consumer and industrial product use.
Attorney Trent Miracle explains statutes of limitations and why you should talk to a lawyer immediately about your talcum powder claim.
Injuries Named in Talc Lawsuits
Mesothelioma is the most common cancer named. It can affect the lining of the lungs and abdomen after inhaling asbestos fibers, but can also occur around the linings of other organs as well.
Asbestos also causes ovarian cancer. The three most common injuries named in talc lawsuits are:
Ovarian cancer
Peritoneal mesothelioma
Pleural mesothelioma
Cosmetic and industrial talc contaminated with asbestos can lead to cancer with long-term use. Use may be personal, such as when diapering a baby or using powder products after a shower, or in an occupational setting, such as during home remodeling work.
Talcum powder used for perineal dusting has been linked to ovarian cancer.
Asbestos-related illnesses are serious and often deadly. Those who have developed cancer from talcum powder use are seeking compensation for pain and suffering, medical bills and wrongful death.
The DOJ’s bankruptcy watchdog has filed a new motion to dismiss the bankruptcy of Red River Talc, a necessary step in J&J’s talc settlement plan.
Who Qualifies For a Talcum Powder Lawsuit?
People who developed an asbestos-related illness after exposure to talcum powder may be eligible to sue. A diagnosis of an asbestos-related disease is the first criterion. A biopsy is the most effective way to confirm mesothelioma. A bronchoscopy may also identify asbestos fibers.
Exposure to talcum powder, either at home or in an occupational setting, is another criterion. If someone suspects an asbestos-related disease is because of talc exposure, it’s important to consult with a lawyer. A lawyer experienced in talc and asbestos cases will help collect necessary documents, file the lawsuit and argue on the plaintiff’s behalf.
The American Cancer Society medical and editorial content team
Each year, more than 22,000 women are diagnosed with ovarian cancer and nearly 14,000 women die from the deadly disease
For lawsuits involving industrial talcum powder, the defendants are generally suppliers. For consumer-related lawsuits, the defendants are suppliers and manufacturers, and some are well-known brands, such as Johnson & Johnson. National retailers have also been named in some suits.
Defendants named in various talc lawsuits include:
Avon
Chanel
Colgate-Palmolive
CVS
Estee Lauder
Gold Bond
Imerys Talc North America
Johnson & Johnson
Old Spice
Mennen
Revlon
Target
Vanderbilt Minerals
Walgreens
Walmart
Lawsuits for asbestos-containing talc products allege that the products caused a serious illness. They also allege and offer evidence that the companies knew about the issue and did nothing to resolve it or even deliberately hid information.
Johnson & Johnson Response to Talcum Powder Claims
J&J continues to insist that their talcum powder did not and does not contain cancer-causing asbestos. However, a lawsuit in Missouri against the company used unsealed emails as evidence that the company was aware of the dangers.
The emails revealed that scientists wrote a report in 2009 that highlighted potential health risks, but J&J told them to change the information in the report. This ultimately led to the U.S. Food and Drug Administration not adding cancer warnings to the talcum powder.
"[Johnson & Johnson] knew of the presence of asbestos in products that they knowingly targeted for sale to mothers and babies, knew of the damage their products caused and misrepresented the safety of these products for decades."
Burlison made that comment when overseeing the lawsuit involving 22 women with ovarian cancer. Because the company knew about the health risks, the initial verdict of the case was $4.7 billion.
Inquiries Into Talc Contamination
Judges are not the only ones placing pressure on J&J. Federal agencies, members of Congress, the media and health-related organizations are also asking for the company to take responsibility.
Johnson & Johnson has received inquiries and subpoenas from the U.S. Department of Justice and the Securities and Exchange Commission. U.S. Senators, including Patty Murray and Ed Markey, have reached out to J&J and have requested that the FDA take action.
Certain groups, such as Black Women for Wellness, accused the company of testing its talc on African Americans and other ethnic groups and called for advocacy groups to take action. HBO Max also streamed a documentary, “Not So Pretty,” that highlighted the dangers of talcum powder.
Please seek the advice of a qualified professional before making decisions about your health or finances.
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United States Bankruptcy Court, Southern District of Texas, Houston Division. (2024, October 21). Motion of the United States Trustee to Dismiss Case. Retrieved from https://ecf.txsb.uscourts.gov/doc1/178151659736
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