Plaintiffs in all 50 states are claiming that baby powder manufacturers knew about the presence of asbestos in products containing talcum powder, which could cause mesothelioma and ovarian cancer, but failed to warn consumers of the risk.

Johnson & Johnson, among other companies, has encountered legal challenges regarding asbestos-contaminated talcum powder, particularly in its baby powder offerings. In October 2019, the U.S. Food and Drug Administration (FDA) concluded a year-long examination of talc-based cosmetic goods, uncovering asbestos in certain items. Collaborating with manufacturers like J&J, the FDA facilitated recalls of implicated products. Subsequently, in the same month, J&J recalled a specific lot of Johnson’s Baby Powder.

By April 2020, J&J faced thousands of lawsuits alleging a connection between its talc products and cancer diagnoses, prompting the company to discontinue talc-based Johnson’s Baby Powder sales in the U.S. and Canada. As of July 2022, J&J confronted nearly 38,000 asbestos-related cases, resulting in around $4 billion in settlements, verdicts, and legal expenses.

In August 2022, J&J announced plans to remove all talcum powder products from the global market by 2023, substituting talc with cornstarch.

Talcum Powder Lawsuit Updates: Recent News

• January 2024. J&J has agreed to pay more than $700 million to resolve an investigation by more than 40 states into the marketing of talcum powder products. This agreement will settle all current and pending state-level suits accusing J&J of concealing the cancer risk of talcum powder products. This does not impact the more-than-50,000 cases consolidated into the federal MDL.
• December 2023.  After litigation was allowed to resume in July, J&J has settled a number of cases while the total number of outstanding claims continued to grow. By the end of 2023 there were over 50,000 claims against J&J regarding the alleged link between talcum powder and cancer.
• July 2023. J&J’s attempted bankruptcy filing was rejected by the court. The judge found that J&J did not meet the standards of financial distress required to allow for Chapter 11 bankruptcy. This allowed further suits to be filed and added to the current multidistrict litigation.
• May 2023. The U.S. Bankruptcy Judge overseeing J&J’s attempt to pass liability in the talc lawsuits into a subsidiary, LTL Management, LLC (LTL), then have that subsidiary declare bankruptcy has ordered all parties return to mediated settlement discussions. The judge has also temporarily halted all litigation in cases already filed.
• April 2023. As part of bankruptcy proceedings J&J has proposed $8.9 billon to settle the outstanding cases. Plaintiffs have rejected this offer.
• March 2023. J&J’s attempt to pass liability to LTL and have that company declare bankruptcy in 2021 was declared illegitimate in January by the U.S. Circuit Court of Appeals in Philadelphia who found that J&J and LTL were not in financial distress and could not seek bankruptcy protections. That decision was reaffirmed in March when a three-judge panel rejected J&Js appeal for a rehearing. J&J plans to appeal to the U.S. Supreme Court.