Products Liability Law Reporter

Teresa Leavitt used talc powder products, including Johnson & Johnson talcum powder, from 1966 to 1998. Her usage included being powdered by her mother after bathing and using talc powder during her school years and as an adult. Leavitt was subsequently diagnosed as having mesothelioma.

She and her husband sued Johnson & Johnson and Johnson & Johnson Consumer, Inc., alleging negligence and strict liability design defect, failure to warn, and concealment. The plaintiffs claimed the defendants failed to disclose and provide warnings to consumers regarding the existence of asbestos in cosmetic talcum powder products and failed to properly label their products. Additionally, suit claimed that through advertisements, the defendants compelled women to dust themselves with talcum powder to mask odors and absorb excess wetness.

The jury awarded more than $29 million, apportioning liability at 78 percent to Johnson & Johnson, 20 percent to Johnson & Johnson Consumer, and 2 percent to non-party Cyprus Mines Corp.

Citation: Leavitt v. Johnson & Johnson, No. RG17882401 (Cal. Super. Ct. Alameda Cnty. Mar. 22, 2019).

Plaintiff counsel: AAJ members Joseph Satterley, Denyse Clancy, and Mark Swanson, all of Oakland, Calif.; and AAJ member Moshe Maimon, New York City.