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Talcum Powder Lawsuit

Talcum Powder Lawsuit

A growing body of research has found that using products containing talcum powder, such as baby powder, in the genital area may increase a person’s risk of developing ovarian cancer and other diseases.

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Case Overview

A growing body of research has found that using products containing talcum powder, such as baby powder, in the genital area may increase a person’s risk of developing ovarian cancer and other diseases. If you or a loved one have suffered a health condition linked to using products with talc, you may be eligible to file a talcum powder lawsuit.

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11.04.2024

Important Talcum Powder lawsuit updates

  • November 2024: New lawsuits have been filed in the Johnson & Johnson Talcum Powder Products MDL, bringing the total number of claims to 58,198.
  • October 2024: New lawsuits have been filed in the Johnson & Johnson Talcum Powder Products MDL, bringing the total number of claims to 58,052.
  • July 16, 2024 - July 2024: Johnson & Johnson agrees to pay into Imerys’ bankruptcy fund. J&J agreed to pay $505 million into the talc supplier’s planned Chapter 11 bankruptcy trust. The proposed payment would still be made even if J&J attempts another bankruptcy petition of its own. A Delaware court will review the offer.
  • May 1, 2024 - Johnson & Johnson advances potential third bankruptcy: Johnson & Johnson announced its intent to solicit votes in support of a third bankruptcy filing of a Johnson & Johnson subsidiary company that holds liability for talc-based claims.

Key Talcum Powder lawsuit takeaways

  • The use of talcum powder products has been associated with an increased risk of certain forms of cancer, including ovarian cancer.
  • Talcum powder is made from talc, a naturally occurring mineral that may be found near asbestos.
  • People who have developed cancer or other health conditions after using talc-based products may be eligible for a talcum powder lawsuit.

What are talcum powder lawsuits?

People are filing talcum powder lawsuits against the manufacturers, distributors, mining companies and trade associations of talc-based products for injuries they allege occurred from using those products. In many of these cases, women and their families allege that regular and prolonged exposure to these products have caused a number of cancers, including:

  • Ovarian cancer
  • Fallopian tube cancer
  • Primary peritoneal cancer

Other plaintiffs have come forward alleging that they’ve developed mesothelioma as a result of using talc-based products, which may contain asbestos.

Plaintiffs in these talc powder lawsuits seek compensatory and punitive damages for how these serious conditions have disrupted their lives.

Female reproductive system showing endometrium, fallopian tubes, uterus, healthy ovaries on one side and ovarian cancer on the other.

Who may be eligible to file a talcum powder lawsuit?

You may be eligible to bring a personal injury lawsuit against talcum powder product makers for harm you experienced from using their products. The most common defendants in talcum powder product cases are Johnson & Johnson and its various subsidiaries. They represent manufacturers and distributors of several talc-containing products.

Previous defendants include Imerys Talc America, Inc. and Personal Care Products Council (PCPC). Imerys is a talc mining and distribution company, that supplied Johnson & Johnson’s talc. PCPC is an American trade organization for the cosmetics and personal care products industries. It influences governmental agencies on issues concerning the marketing and sales practices of these products. The council’s actions have had an impact on the talc product landscape in the U.S.

More than 50,000 people have filed lawsuits against defendants like these, alleging harm caused by the genital use of talcum powder products. Because of the large volume of talc cases, federal district courts have coordinated many plaintiffs' lawsuits into a single multidistrict litigation (MDL) docket. Coordination can ease the burden on district courts while still allowing injured parties to individually pursue justice for the harms they experience.

What kinds of damages are available in a talcum powder lawsuit?

Damages, often known as “payouts,” may help compensate people for their injuries. In talcum powder lawsuits, “injury” encompasses ovarian cancers.
In a talcum powder lawsuit, you may be eligible to sue for damages for:

  • Healthcare costs associated with injuries caused by talcum powder use
  • Lost wages for time you missed at work because of your health issues
  • Pain and suffering you experienced
  • Wrongful death of a loved one

In some extreme cases, to punish a defendant, the court or a jury may also award additional damages to the injured party. These are called “punitive damages” and are awarded when a court determines the defendants’ actions were outrageous in the eyes of the law. Juries have previously awarded punitive damages against Johnson & Johnson in talcum powder trials.

Plaintiffs who have filed talcum powder lawsuits against Johnson & Johnson have won both compensatory and punitive damages. For example, in 2018, a Missouri jury awarded 22 women and their families nearly $5 billion in compensatory and punitive damages from Johnson & Johnson.

Any compensation you may receive depends on the unique facts of your case, whether you are able to settle your claims, and, if your case is tried, what a judge or jury awards you. An attorney with experience handling toxic exposure and medical claims can discuss what damages may be available if you file a talc powder case.

What proof is needed in an ovarian cancer or mesothelioma talc powder lawsuit?

If you allege yourovarian cancer or mesothelioma is because you used talcum powder, you may have a case and may be eligible for compensation. For your case to proceed, you will need to show that:

  • You regularly used a talcum powder product: This can be done using evidence such as proof of purchase, physical evidence and testimony.
  • You were diagnosed with a cancer caused by talc or asbestos-contaminated talc: You will need to collect your medical records proving your ovarian cancer or mesothelioma diagnosis. This will also include receipts, insurance claims and other cost documentation, which are used to determine any award amounts you may receive.
  • Your ovarian cancer or mesothelioma is linked to the talcum powder product.

Your lawyer can help you find, gather and organize all of this information. They will use it to build your potential case and file a lawsuit for you if you are eligible.

If you believe that you have a claim, consider contacting an attorney as soon as possible. A statute of limitations (SOL) may limit the time you have to file a claim. If you do not file your claim within the SOL, you may lose it forever.

Motley Rice’s experience handling talcum powder lawsuits

Motley Rice has experience in litigating talcum powder lawsuits. Our team has been lead counsel in two separate trials litigating over harms caused by talcum powder.

Currently, Motley Rice attorneys Daniel Lapinski and Carmen Scott are members of the Plaintiffs’ Steering Committee for federal multidistrict litigation (MDL) for cases alleging Johnson’s Baby Powder and other talc-based products caused ovarian cancer.

Dan also serves as co-chair of the Law & Briefing Committee, and Carmen is co-chair of the Bellwether Selection Committee. As of November 1, 2024, 58,198 cases were pending in federal court for the MDL, In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation.

Contact a talcum powder lawyer

If you or someone you know has used talcum powder and developed cancer you may have a talcum powder claim.

Please contact medical attorney Carmen Scott by email or call 1.800.768.4026 to learn more about talcum powder lawsuits.

Contact a lawyer today

Female talcum powder uses

Talc is a naturally occurring mineral mined from the earth. It is refined and milled to create talcum powder products, including talc powder, baby powder or body powder. These products may be used by people as part of their daily hygiene regimen.

The use of talcum powder on the genitals and perineal area, either through direct application or by applying it to sanitary napkins, has been associated with an increased risk of ovarian cancer.

Talcum powder applied in the genital area may travel through the genital tract to the ovaries, causing inflammation. One report analyzed 31 other studies, which is called a meta-analysis. This report found talc use increased ovarian cancer risk by about 30% – 60%.

Talcum powder and ovarian cancer links

The International Agency for Research on Cancer (IARC), classifies the perineal use of talc-based body powder as possibly carcinogenic to humans. The IARC’s classification was influenced by years of research on the increased risk of ovarian cancer for people who apply talcum powder to sanitary napkins and directly to their genitals.

The first research suggesting a connection between talc and ovarian cancer was conducted in the early 1970s. The first epidemiologic study on the link between talcum powder use in the female genital area was performed in the early 1980s. It found a 92% increase in the risk of ovarian cancer for those women using talc-based products around their genitals.

More studies pointing to the potential increased cancer risk from the use of talcum powder products include:

  • 2019 study examines talc link to cancer: In 2019, Elsevier Inc. published a systematic review of the evidence linking talcum powder to ovarian cancer. This study concluded that “talc is a possible cause of cancer in humans based on the totality of evidence from multiple observational studies.”
  • 2018 studies find an increase in ovarian cancer risk: In 2018, two meta-analyses were published. These meta-analyses concluded that the use of talcum products increased the risk of ovarian cancer.
  • 2018 studies explore talc effects: In 2018, a study found that talc affects the “redox state” in human ovarian cells, a known biological pathway to cause cancer. The scientists concluded that this study demonstrated how talc causes ovarian cancer.
  • 2016 study links talc use to greater ovarian cancer risk in African-American women: In 2016, a researcher with the University of Virginia studied the risk of cancer from talc use in African-American women specifically. Prior data had found high levels of talcum powder use among this group. Like other studies, it confirmed using talc in the genital area increases ovarian cancer risk.

Dozens of other studies, analyses and meta-analyses have found similar results. Talcum powder use is linked to ovarian cancer, and the more a person uses it, the more their risk increases.

5 images show how talcum powder applied to the genitals can enter the reproductive system, travel to the ovaries & cause inflammation.

Talcum powder and cancer timeline

Early 1970s

The first studies

 The first studies emerged suggesting a link between talc and ovarian cancer. 

Mid-1970s

The Cosmetic Ingredient Review (CIR) was formed.

 The Cosmetic Ingredient Review (CIR) was formed. This body was called an independent regulatory body for the cosmetic industry. However, it was funded entirely by the Personal Care Products Council (PCPC), a trade organization that has been heavily influenced by Johnson & Johnson and Imerys Talc. 

Early 1980s

The first epidemiological studies

 The first epidemiological studies — studies that look at how conditions impact populations — found increased risks for ovarian cancer in those reporting female genital talc use. Shortly after the publication of the first study, Dr. Bruce Semple of Johnson & Johnson was advised that the company should add a warning label to its talc products. More than 20 epidemiological studies have been published since the early 1980s that further corroborated the link between talcum powder use and ovarian cancer. 

1986

Johnson & Johnson acknowledged concerns

Johnson & Johnson acknowledged concerns about some of its cosmetic products, noting the studies had found a link between female genital use of talc powder and ovarian cancer.

Early 1990s

Published research that found evidence of carcinogenic activity

The United States National Toxicology Program published research that found evidence of carcinogenic activity from talc. This study on the toxicity of talc suggested that talc was carcinogenic with or without the presence of asbestos-like fibers. The U.S. Food and Drug Administration (FDA) asked manufacturers to remove talc from surgical gloves over growing evidence of adhesions — scar tissue that may form as a reaction to a foreign body — in surgical patients. 

1994

Letter to Johnson & Johnson

The Cancer Prevention Coalition sent a letter to Johnson & Johnson over concerns of talcum powder contributing to ovarian cancer risk. The letter suggested studies dating back to the 1960s provided evidence of the association. They requested that Johnson & Johnson either add a warning label to its talc products or replace them on the markets with cornstarch-based powders. The Cancer Prevention Coalition also petitioned the FDA requesting a cancer warning label for cosmetic products that contained talc. 

1996

The FDA recommends

The FDA recommended that the condom industry stop the practice of dusting condoms with talc over concerns about the health impact of talc. The condom industry agreed and stopped producing condoms with talc. 

2006

Imerys Talc began including potential cancer risk warnings

Imerys Talc began including potential cancer risk warnings on the Material Safety Data Sheets (MSDS) it included when selling talc to Johnson & Johnson. 

2009

The first talc lawsuit

The first talc lawsuit to reach a jury was filed against Johnson & Johnson by a South Dakota woman alleging the company’s baby powder products contributed to her ovarian cancer diagnosis. In 2013, the case came back with a jury verdict that found Johnson & Johnson negligent for its failure to warn women of an increased cancer risk from using its products. 

2010

The WHO publishes a paper

The World Health Organization (WHO) International Association for the Research of Cancer (IARC) published a paper that labeled perineal use of talcum powder as a human carcinogen. The IARC decided to label talc used around female genitals as a “Group 2B” human carcinogen after discovering a 30% – 60% increased risk of ovarian cancer for those women that regularly used talcum powder. 

2013

Cancer Prevention Research published a study

 Cancer Prevention Research published a study that suggested an increased risk of ovarian cancer for women using talcum powder near their groin. The study found the risk to be between 20% – 30% higher for these women. 

2016

A full ban of powdered surgical gloves.

The FDA implemented a full ban of powdered surgical gloves. The agency did so because of the clear evidence that the powdered gloves represented a risk to patients. 
 

View Full Timeline

Talcum powder and asbestos

Studies on how exactly talcum powder products lead to cancer are still ongoing. Some studies have found that talc affects cells during their re-oxygenation state. Other studies have suggested that asbestos contamination in talc products could lead to cancer in some people.

One 2020 study linked 75 cases of mesothelioma cancer to exposure to talcum powder contaminated with asbestos, a known carcinogen. Natural asbestos deposits may occur near talc, which is the mineral used for talcum powder. The physical proximity between asbestos and talc means contamination is possible.

Other studies have shown that talcum powder products are a danger whether or not they are contaminated with asbestos. In the early 1990s, the United States National Toxicology Program published a study on the toxicity of non-asbestos form talc. The study found talc is carcinogenic, even without asbestos fibers present.

Read more on the dangers of asbestos-contaminated talc.

Johnson & Johnson talcum powder lawsuit updates

Watch attorney Carmen Scott discuss since Johnson & Johnson's discontinuing production talc-based baby powder products in the U.S. and Canada:


Johnson & Johnson talcum powder lawsuit updatesThe cases against Johnson & Johnson are some of the most highly publicized talc lawsuits in history. The case against J&J for its talcum powder has been building for more than a decade. Some other recent updates to litigation involving the company include:

Johnson & Johnson lawsuit timeline

11.01.2024

November 2024:

Plaintiffs continued to file J&J talcum powder lawsuits, bringing the total number of cases in the docket to 58,198 at the start of November.

10.01.2024

October 2024:

More plaintiffs affected by J&J's talcum powder products filed cases, bringing the total number of actions in the MDL to 58,052 at the start of October.

7.01.2024

July 2024:

Johnson & Johnson agrees to pay into Imerys’s bankruptcy fund. J&J agreed to pay $505 million into the talc supplier’s planned Chapter 11 bankruptcy trust. The proposed payment would still be made even if J&J attempts another bankruptcy petition of its own. A Delaware court will review the offer.

5.01.2024

May 2024

Johnson & Johnson advances potential third bankruptcy: Johnson & Johnson has announced its intent to solicit votes in support of a third bankruptcy filing of a Johnson & Johnson subsidiary company that holds liability for talc-based claims. Johnson & Johnson is one of the main defendants in the ongoing multidistrict litigation (MDL) Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation (MDL No. 2738). The solicitation seeks votes in support of a bankruptcy plan that would direct $6.48 billion to resolve all current and future lawsuits that claim the company’s talc-based products have caused injury. If 75% of eligible voting claimants vote in favor of the offer, Johnson & Johnson would file its third bankruptcy in an effort to obtain court approval. Courts have rejected two previous attempts by Johnson & Johnson and its subsidiaries for relief under the U.S. bankruptcy code.

01.01.2023

2023

Johnson & Johnson’s bankruptcy plan is rejected: The company’s plan to handle talcum powder cases by offloading them to a subsidiary was rejected. The Third Circuit Court of Appeals in Philadelphia found that Johnson & Johnson did not have a legitimate need to declare bankruptcy. This decision allowed cases against the company to resume.

01.01.2023

2023

Johnson & Johnson stops global production of talc-based baby powder: Johnson & Johnson announced in 2022 that it would stop selling talc-based baby powder products worldwide in 2023. The company also announced that it would be replacing those products with cornstarch-based products, following the lead of other global companies. 

01.01.2021

2021

Johnson & Johnson files for Chapter 11 bankruptcy: Johnson & Johnson created a subsidiary to handle talcum powder claims and liabilities. The subsidiary filed for bankruptcy two days after creation, including a plan to create a trust fund to handle future claims. This is known as the “Texas Two Step” and allows companies to sidestep their liabilities.

01.01.2020

2020

Johnson & Johnson stops producing talc-based baby powder in North America: Johnson & Johnson announced in 2020 that it would end production of its talc-based baby powder products in the U.S. and Canada.

01.01.2019

2019

Talc litigation against Johnson & Johnson can continue: A New Jersey U.S. District Judge ruled that thousands of women who allege Johnson & Johnson’s baby powder and other talc-based products caused their ovarian cancer could move forward with their claims against Johnson & Johnson. Johnson & Johnson had sought to bar expert testimony from trial. However, after hearing both plaintiffs’ and defendants’ arguments, U.S. District Judge Freda Wolfson ruled that experts would be allowed to testify in trial about studies that showed a link between talcum powder exposure to genitals and ovarian cancer.

01.01.2019

2019

Major retailers pull Johnson & Johnson’s Baby Powder: In October 2019, multiple major retailers removed all 22-ounce bottles of Johnson & Johnson’s Baby Powder from store shelves.

01.01.2018

2018

Internal documents point to Johnson & Johnson’s awareness of potential asbestos in talcum powder: In December 2018, an investigation by Thomson Reuters revealed thousands of pages in company memos and other previously confidential documents that showed Johnson & Johnson allegedly knew for decades that its talcum powder may contain asbestos. The company, however, failed to inform the public or regulators of the issue.

View Full Timeline

Frequently asked questions about talcum powder lawsuits

Why was talcum powder banned?

Talcum powder has not been banned in the U.S., though Johnson & Johnson has stopped producing talc-based baby powder globally as of 2023. It stopped selling talc-based baby powder in the U.S. and Canada in 2020 amid public concern over its reported link to ovarian cancer. 

What is the status of the talcum powder lawsuit?

Talcum powder lawsuits under the multidistrict litigation (MDL) are still ongoing. This means that eligible people may be able to join the more than 50,000 others who have filed suit against Johnson & Johnson and others for injuries they’ve suffered from talc powder use.

However, a proposed bankruptcy plan from Johnson & Johnson could impact future talcum powder ovarian cancer lawsuits. If the bankruptcy proposal is accepted by 75% of current claimants, it may mean that all future claims would have to be filed through a bankruptcy trust.

While courts have rejected Johnson & Johnson’s bankruptcy plans in the past, it is not a guarantee that it will be rejected again. Because of this potential talcum powder deadline, consider speaking with a talcum powder lawyer today to begin exploring your legal options.

What is the average payout for a talcum powder lawsuit?

Some analysts have suggested that the average payout for a talcum powder lawsuit could be projected to be around $280,000. However, the actual payout for a talcum powder lawsuit can vary substantially, based on the unique facts of the case.

A few talcum powder lawsuit settlements and jury awards include:

  • $4.9 billion to 22 women and their families over links to ovarian cancer: In 2018, 22 women and their families were awarded $550 million in compensatory damages and $4.14 billion in punitive damages against Johnson & Johnson by a Missouri court. An appellate court later reduced the total compensation to $2.1 billion for the plaintiffs. 
  • $417 million award to woman hospitalized with cancer: In 2017, a California jury returned a $417 million verdict against Johnson & Johnson. The plaintiff alleged the company failed to warn consumers about potential cancer risks. She also alleged that her ovarian cancer was caused by regularly using Johnson & Johnson baby powder. 
  • $100 million to more than 1,000 people claiming a link between talc and cancer: In 2020, Johnson & Johnson agreed to settle over 1,000 lawsuits for more than $100 million. The lawsuits collectively alleged a link between Johnson & Johnson talc-based products and cancers.
  • $18.8 million to a California man who had developed mesothelioma: In 2023, a jury in California found in favor of a 24-year-old man who alleged to have developed mesothelioma after using Johnson & Johnson talc-based products since childhood. The jury awarded damages for healthcare expenses and the man’s pain and suffering. However, the jury declined to attach punitive damages to the award.
  • More than $1.5 million to a New York woman over mesothelioma claim: In 2018, Johnson & Johnson and Imerys settled a claim with a 78-year-old woman for more than $1.5 million dollars. The lawsuit alleged that talc-based products had caused the woman to develop mesothelioma.

The plaintiffs above talc lawsuits were not represented by Motley Rice. The outcomes of these cases are not guarantees of any future settlement or jury award. The damages available may be different depending on the facts of your case. A talcum powder attorney can help you assess what compensation may be available to you.

Motley Rice’s experience representing women hurt by defective products

Motley Rice attorneys lead litigation brought by thousands of women harmed by defective products. Our law firm has extensive experience litigating product liability lawsuits for women and their family members who:

We also represent mothers suing over birth defects caused by prescription drugs and alleging necrotizing enterocolitis (NEC) linked to baby formula.

We invite you to reach out to our attorneys at any time for a free consultation.

Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. Paragard remains approved by the U.S. Food and Drug Administration.

Motley Rice LLC, a South Carolina Limited Liability Company, is engaged in the New Jersey practice of law through Motley Rice New Jersey LLC. Esther Berezofsky attorney responsible for New Jersey practice. 

What are talcum powder lawsuits?

Who may be eligible to file a talcum powder lawsuit?

Female talcum powder uses

Talcum powder and ovarian cancer links

Talcum powder and asbestos

Johnson & Johnson talcum powder lawsuit updates

Frequently asked questions about talcum powder lawsuits

Motley Rice’s experience representing women hurt by defective products

About the Authors

Sources
  1. AP News. Record $417M award in lawsuit linking baby powder to cancer.
  2. Bloomberg. J&J, Imerys to Pay More Than $1.5 Million in Talc Case Deal.
  3. Judicial Panel on Multidistrict Litigation. Pending MDLS by Actions Pending - July 1, 2024.
  4. Law360. J&J Agrees To Pay $505M In Talc Producers' Ch. 11.
  5. The New York Times. Johnson & Johnson Told to Pay $4.7 Billion in Baby Powder Lawsuit.
  6. The New York Times. Women With Cancer Awarded Billions in Baby Powder Suit.
  7. The New Yorker. Johnson & Johnson and a New War on Consumer Protection.
  8. Reuters. J&J advances $6.48 billion settlement of talc cancer lawsuits.
  9. Reuters. J&J must pay $18.8 million to California cancer patient in baby powder suit.
  10. Reuters. J&J to end global sales of talc-based baby powder.
  11. Reuters. Johnson & Johnson to pay more than $100 million to settle over 1,000 talc lawsuits: Bloomberg.
     

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