A recent lawsuit alleges that talc asbestos contamination caused a woman to develop mesothelioma after long term use of talc products.

Plaintiff Betsey H. allegedly used talc products as early as 1948. She was diagnosed with malignant pleural mesothelioma in October 2018, which she claims is a direct result of talc asbestos contamination.

Mesothelioma is an aggressive, life threatening type of cancer most commonly associated with asbestos exposure. Betsey’s spouse, Jody H., is also participating in the talc asbestos contamination lawsuit and brings claims of loss of consortium.

The suit brings claims against numerous defendants which were allegedly involved in talc mining and the production of talc products. Defendants include Bristol-Myers Squibb Co., Cyprus Mines Corp., Imerys Talc America Inc., Johnson & Johnson and Revlon Inc.

According to the talc asbestos contamination lawsuit, the defendants manufactured products using talc which was contaminated with asbestos fibers. Despite statements made by the defendants and the Cosmetic, Toiletry & Fragrance Association (CTFA), plaintiffs claim talc mined by the defendants was not safe and was allegedly contaminated by a variety of carcinogens.

As early as the 1930s, the scientific community began to express concern about the presence of carcinogens in talcum powder. The presence of carcinogens such as asbestos, silica, quartz, nickel and arsenic in talc-based products could increase the risk of lung disease, cancer and death, leading to public concern.

In 1968, studies revealed that talc powder products which were commercially available were not pure and were instead full of fibrous materials. This prompted an inquiry by the U.S. Food and Drug Administration (FDA) into talc products and whether warnings were required.

Defendants allegedly made false representations to the FDA and the public regarding the safety of talc in order to protect the profits associated with talc products. The CTFA allegedly contributed to the campaign against regulatory action.

“The talc industry’s response, including that of the defendants, was swift and well‐ coordinated through CTFA, with which the defendants conspired and worked in concert to purposely create a flawed, voluntary testing and surveillance methodology for detecting asbestos in talc and block efforts to label and warn consumers regarding the dangers associated with the talc products, including defendants’ products,” the talc asbestos contamination lawsuit claims.

The alleged false representations and deceptions worked, say the plaintiffs, and the FDA did not pursue strict regulations. Presently, the plaintiffs say that defendants are allegedly able to produce talc based products without sufficiently testing their talc for asbestos. Betsey argues that this allows the defendants to release their contaminated talc products where they can cause harm to consumers.

Because of the alleged talc asbestos contamination, the use of the talc products allegedly caused the release of asbestos into the air where they could be ingested or inhaled. Betsey argues that the defendants knew or should have known that their products would expose consumers like Betsey to asbestos, but failed to warn consumers of the risks.

The Talc Asbestos Contamination Lawsuit is Case No. 1:18-cv-11223-ALC in the Supreme Court of the State of New York for the County of New York.