Johnson & Johnson talc trials are slated to begin in the three states of California, Kentucky, and New Jersey.

The cases in the three states involve plaintiffs who filed baby powder cancer lawsuitsalleging they were diagnosed with mesothelioma—a cancer affecting the lining of the lungs, heart, abdominal cavity, and testes—after breathing in asbestos fibers present in the cosmetic talc products of Johnson & Johnson known as Baby Powder and Shower to Shower.

While each of the three states’ cases varies, the central questions of whether talc products contain asbestos and whether it is significant enough to cause this very specific asbestos-related type of cancer is at the heart of each one. Johnson & Johnson claims on their Facts about Talc website, that “Thousands of tests repeatedly confirm that our consumer talc products do not contain asbestos.”

The pharmaceutical and household product giant indicates that–in addition to the testing that they and their talc suppliers undertake to ensure its free of asbestos fibers—there are independent and reputable agencies and organizations that have backed these conclusions up through laboratory testing. Among those listed are the U.S. Food and Drug Administration, Harvard School of Public Health, and Mt. Sinai Hospital.

Despite holding fast to the idea of the ultimate safety of their products, Johnson & Johnson finds themselves at the center of a litigation nightmare concerning them. Talcum-based powders have been implicated in causing ovarian cancer and mesothelioma, with the latter mostly involving female plaintiffs as well.

What is Talc?

According to the American Cancer Society, talc—the main ingredient in any talcum powder—is a mineral mined from the earth. It is comprised on elemental magnesium, silicon, and oxygen. This mineral is frequently found in close proximity to deposits of asbestos which allows for cross contamination.

The ACA indicates the Cosmetic, Toiletry, and Fragrance Association (CTFA) set up a voluntary standard in 1976 in which all cosmetic and personal care products would be marketed free from traceable amounts of asbestos. The determination as to whether talcum powder can cause cancer must focus on whether the powder in question is, in fact, asbestos-free.

IARC and Asbestos

An arm of the World Health Association, the International Agency for Research on Cancer (IARC) has classified talc-based products that are contaminated with asbestos as definitely cancer-causing in humans. On the other hand, talc without contamination from asbestos they consider “unclassifiable.”

The ACA also claims that IARC notes the genital application of talcum powder to be ‘possibly carcinogenic to humans’, however, the limited human evidence stands in the way of a definitive answer.

The State Cases

The case in Kentucky is the first one to go to trial concerning baby powder and similar products. The lawsuit was registered by Donna Ann Hayes, who succumbed to mesothelioma, leaving the estate action in the hands of a California law firm. The litigant alleged that she contracted mesothelioma from both Johnson & Johnson products and Colgate-Palmolive’s Cashmere Bouquet talcum powder.

The case in California concerns plaintiff Patricia Schmitz who has already had a verdict against Johnson & Johnson and Colgate-Palmolive favorably awarded. Schmitz alleged she contracted mesothelioma from asbestos in talc products issued by both companies. This phase of the trial will involve a new jury set with determining the appropriateness of awarding punitive damages.

Finally, the case in New Jersey is a consolidation involving several plaintiffs alleging damage from asbestos in talc. Four separate claims will be heard in this trial.