Products Liability Law Reporter

Verdicts & Settlements: Consumer Products

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Deceptive marketing, sale of baby powder products

July 3, 2024

New York Attorney General Letitia James and a coalition of 42 attorneys general alleged that Johnson & Johnson’s advertisements misled consumers about the safety and purity of some of the company’s talc-containing baby powder products. The coalition reportedly asserted that Johnson & Johnson had sold the products—including Johnson’s Baby Powder and Shower to Shower—in New York and across the country for decades, and that the products posed significant health risks to consumers.

Joining Attorney General James are the attorneys general of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the District of Columbia.

Under a $700 million consent judgment, Johnson & Johnson reportedly agreed to stop manufacturing and selling talcum powder-containing baby and body powder products in the United States, either directly or through a third party. New York will reportedly receive $44 million from the multistate consent judgment, which is pending judicial approval.

Citation: People of the State of N.Y. v. Johnson & Johnson, Undisclosed Dkt. No. (N.Y. Sup. Ct. New York Cnty. June 11, 2024).