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What Is the Talcum Powder Lawsuit About?

What the talcum powder lawsuit is about is outlined in the title of the pending multidistrict litigation (MDL), “Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation.” The lawsuits in this mass tort allege that talcum powder manufacturers, most notably Johnson & Johnson, marketed a number of defective and dangerous talcum powder products that caused some consumers to develop mesothelioma, ovarian cancer, and other types of cancer.

According to the United States Judicial Panel on Multidistrict Litigation, on July 16, 2020, there were a total of 18,283 active cases in the talcum powder MDL—MDL-2738. In addition, some cases have already gone to trial or settled out of court. Others are pending against other manufacturers, the companies that mined contaminated talc, and other potentially liable parties.

The Talcum Powder Lawsuit Is About More Than the Cancer Risk

While the link between talcum powder use and the development of cancer is a key part of the case, the talcum powder lawsuit is about more than an increased risk for cancer. Not only was Johnson & Johnson manufacturing a dangerous product, but these cases also allege that the company was aware of it. Yet, it continued to market talc-based products without warning women against using them for feminine hygiene, which was common at the time.

The questions about Johnson & Johnson’s marketing and sales practices have always been a part of these lawsuits, but an investigative report by news agency Reuters in 2018 shed new light on these accusations. While the news agency did not publish the internal memos and records they based their story on, the report claims there is proof that the manufacturers became aware of the possible dangers as early as 1971.

Johnson & Johnson Continues to Refuse to Accept Responsibility

The plaintiffs in the pending MDL accuse talcum powder manufacturers of knowing about the connection between certain uses of their products, and an increased risk of cancer. Still, the companies continue to refuse to admit to any wrongdoing.

The women who faced or continue to face cancer as a result of their talcum powder use believe Johnson & Johnson should have taken several steps in the 1970s and 1980s to prevent the harm they suffered. This includes:

  • Warning consumers against using the talc-based products on their underwear, sanitary napkins, and genitals
  • Developing new formulas for products that do not include talc, such as the cornstarch-based formula Johnson & Johnson used for the Johnson’s Baby Powder in 1980

Instead, these companies continue to deny responsibility and claim their talcum powders are safe. When Johnson & Johnson reached an out-of-court settlement with a woman battling mesothelioma in January of 2020, the company did so without accepting any culpability for her cancer or failing to take actions that could have prevented it.

While it is good news that Johnson & Johnson began a phasing-out of their talc-based powder products in May of 2020, Bloomberg suggests that this is only due to a decrease in demand for the products.

Filing a Lawsuit and Joining MDL-2738 Based on Your Diagnosis

If you used talcum powder and now have ovarian cancer, mesothelioma, or another asbestos-related cancer, our team can speak with you today at no cost to you. We represent plaintiffs who qualify to join MDL-2738 currently underway in the U.S. District Court – District of New Jersey.

If we represent you in your case, we will do so based on a fee that is contingent on the outcome of your case. We only receive attorney fees from the settlement or award you receive. We do not get paid unless—and until—you do.

We will document your recoverable damages and seek compensation to pay for your:

  • Medical care, treatment, and related expenses
  • Ongoing and hospice care, as necessary
  • Lost income and benefits
  • Pain and suffering
  • Other documented expenses and losses

There is only a limited time to file a lawsuit in your case, so act now.

Speak to a Member of Our Talcum Powder Lawsuit Team

You can speak with a member of the Friedman & Simon, L.L.P. talcum powder lawsuit team about your diagnosis, talcum powder use, and other facts of your case for free. We will explain your rights and determine if you meet the criteria to file a lawsuit and possibly join MDL-2738.

Call (516) 932-0400 today to get started.

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