A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a California resident who died of a rare form of cancer. The family filed a suit against the company claiming that its baby powder contains a carcinogen.
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Mae Moore died in 2021 from mesothelioma, cancer of the mesothelium – the thin layer of tissue that covers internal organs. Mesothelioma is most common in the tissue surrounding the lungs, but can also be found in the tissues in the stomach, around the heart and around the testicles. Mesothelioma is a “fast-growing and deadly form of cancer”, according to the Mayo Clinic.
Moore’s family claimed she developed mesothelioma after years of using the powder because the product was contaminated with asbestos. On Monday, the case was ruled in their favor. The company plans to “immediately” appeal the “egregious and unconstitutional” verdict, Erik Haas, vice president of litigation at Johnson & Johnson, said in a statement.
A history of accusations
Johnson & Johnson is no stranger to lawsuits against its baby powder. In 2013, Diane Berg became the first cancer patient to successfully sue Johnson & Johnson, claiming the baby powder caused her ovarian cancer. Although she was awarded no damages, her case opened the door for many other lawsuits claiming the powder caused their cancer.
In 2016, a jury in St. Louis, Missouri ruled in favor of a plaintiff claiming that the baby powser caused ovarian cancer. It ordered the company to pay $55 million in damages to a cancer survivor. Also in 2016, Johnson & Johnson was ordered to pay $72 million in a similar case. The company appealed both verdicts.
Suits continued to be filed, and most verdicts were in favor of the plaintiffs. However, in one case, the jury found that there was not enough scientific evidence that the powder caused cancer and ruled in favor of Johnson & Johnson.
In 2018, Reuters published an article reporting that Johnson & Johnson knew “for decades” that their baby powder contained asbestos. Johnson & Johnson called the article “one-sided, false, and inflammatory.”
Later the same year, the New York Times reported that internal memos revealed staff’s concern about the presence of asbestos in the powder. One executive said the powder sometimes contained materials that “might be classified as asbestos fiber.”
Continued denial
Johnson & Johnson has repeatedly denied claims that the baby powder contains asbestos. In October 2019, the company conducted 60 tests of the voluntarily recalled powder, finding no asbestos. In December of the same year, the company released a statement stating that it investigated the FDA’s reported finding of trace levels of asbestos and found no asbestos in the product.
Despite its continued denial of these claims, Johnson & Johnson discontinued its talc-based baby powder in 2023 and switched to cornstarch. The company said its “position on the safety of the cosmetic talc remains unchanged.”
In 2023, Johnson & Johnson filed for approval of a plan to resolve all claims related to the talc powder by paying $8.9 million over 25 years. This March, the request was dismissed by a federal judge.
Over 90,000 lawsuits are pending against Johnson & Johnson, which plans to “defeat these meritless talc claims.”
J&J spun off its consumer health business, including its talcum powder line, as Kenvue in 2023. Rival GSK made similar moves a year earlier with its Haleon spin-off. Haleon itself was formed from a merger of GSK and Pfizer’s consumer health unit.
Filed Under: Dermatology, Pediatrics
