Trial News

On May 19, Johnson & Johnson (J&J) announced it will permanently discontinue the sale of its talc-based baby powder in the U.S. and Canada. Citing declining consumer demand due to litigation concerning the safety of talc-based products, the company will continue to manufacture only its cornstarch-based baby powder for the North American market.

The company says the move follows a “portfolio assessment” that allows it to prioritize higher-demand products during the COVID-19 pandemic. J&J will allow retailers to sell existing inventory and still intends to sell the talc-based product in markets outside of North America, where, according to the company, “there is significantly higher consumer demand.” J&J maintains that talc-based powder is safe and says it will continue to defend its product in court, where it is facing thousands of lawsuits across the country.

But J&J’s decision to discontinue the product follows a Daubert ruling that came out of New Jersey federal court in late April. The ruling largely allows plaintiff expert testimony in multidistrict litigation brought on behalf of more than 16,000 lawsuits alleging the talc-based baby powder caused ovarian cancer. In a lengthy opinion, Judge Freda Wolfson rejected J&J’s challenges to plaintiff experts, allowing an expert in oncology to testify about oxidative stress and experts in epidemiology, oncology, and  toxicology to testify about general causation. The judge also allowed the plaintiffs’ materials science expert to testify about his findings that talc products contain asbestos. (In re: Johnson & Johnson Talcum Powder Prods. Mktg., Sales Practices, and Prods. Litig., MDL No. 2738 (D.N.J. Apr. 27, 2020).)

“Coming on the heels of a major Daubert ruling in the talc MDL, J&J’s decision to stop talc sales is significant and going forward, will save lives,” said Montgomery, Ala., attorney Danielle Mason, who handles talc cases. “This is a huge victory for all the brave, courageous women who have suffered and died due to this dangerous product, and an important step toward the justice they deserve. However, the battle is not over until J&J is held accountable and pays these women and their families what they are owed.”

Red Bank, N.J., attorney Chris Placitella, who is plaintiffs’ liaison counsel in the MDL, said “J&J’s decision to remove its talc-based baby powder from the market clearly demonstrates that the civil justice system is essential to protecting the public health. Where government regulators failed, the voices of multiple juries made clear that members of the public, after hearing all the evidence, reject the company’s assertions that talcum powder is safe.”

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