Johnson & Johnson May Avoid State False Talcum Powder Advertising Lawsuits With $700 Million Settlement
Investigators say that the company knew that their talc contained asbestos and failed to warn the public
Monday, January 8, 2024 - Johnson & Johnson recently set aside about $400 million dollars of their proposed $8.9 billion talcum powder cancer bankruptcy settlement offer to pay states claims regarding false baby powder advertising against the health care and pharmaceutical giant. The multi-million dollar settlement appears to have come to fruition as Bloomberg News is reporting that a deal has been struck between the company and 40 US States in the amount of $700 million to settle false advertising and fraudulent marketing charges, The amount of the settlement is almost double the $400 million that had been set aside to compensate US states alleging that Johnson & Johnson violated consumer protection laws and engaged in deceptive marketing practices in their states. Independent investigations launched by the 40 states are looking into allegations that using talcum powder is harmful to one's health and may cause cancer or mesothelioma causing a multitude of State Attorney Generals to accuse Johnson & Johnson of wrongdoing. "Johnson & Johnson has tentatively agreed to pay about $700 million to resolve an investigation by more than 40 US states of claims that it wrongfully marketed its talc-based baby powder by not warning about possible health risks, according to people familiar with the deal. The settlement would avert potential lawsuits alleging that J&J hid any links between the talc in its powder and various cancers, according to the people, who asked not to be named because the pact isn't yet public," Bloomberg writes. Those who have filed lawsuits include California Attorney General Xavier Becerra, Illinois Attorney General Kwame, Raoul, Kentucky Attorney General Andy Beshear, Maryland Attorney General Brian Frosh, Missouri Former Attorney General Josh Hawley, New Jersey Attorney General Gurbir Grewal, New Mexico Attorney General Hector Balderas, New York Former Attorney General Eric Schneiderman, Ohio Attorney General Dave Yost, Pennsylvania Attorney General Josh Shapiro, and Washington Attorney General Bob Ferguson. Food and Drug Administration (FDA) tests in 2020 revealed that Johnson's Baby Powder purchased at retail in the United States contained asbestos, a deadly carcinogen.
More than 50,000 talcum powder lawsuits have been filed against Johnson & Johnson by women who allege that they developed ovarian cancer from using Johnson's Baby Powder for the purpose of feminine hygiene. Talc is an inert mineral mined from the ground in deposits that are adjacent to and sometimes interspersed with asbestos. Asbestos was determined to be a deadly carcinogen in the 1960s when asbestos miners, and residents of communities surrounding asbestos mines, started dying from mesothelioma, the gradual scarring of the delicate lining of the lung. Talc contaminated with asbestos may also be ingested into the bloodstream through inhalation, a mucous membrane such as the genitals, or absorbed through the skin. Multi-million dollar jury awards alerted the media to investigate the potential connection between using talcum powder and developing cancer. Reuters determined that "Johnson & Johnson knew for decades that asbestos lurked in their baby powder." Lawsuits filed in 2021 by civil rights activists accuse the company of " knowingly deceptive marketing to Black women" for decades." According to the New York Times.