The first nine of what are expected to be many more baby powder lawsuits have been transferred into a new baby powder cancer MDL recently established in a New Jersey federal court.

The federal Judicial Panel on Multidistrict Litigation established the baby powder cancer MDL, or multidistrict litigation, in an order issued on Oct. 4.

The nine claims now pending in the federal court system and many similar claims filed in the future will be transferred to a federal court in New Jersey, the home state of defendant Johnson & Johnson.

Generally, plaintiffs in these baby powder cancer lawsuits take issue with a purported risk of ovarian cancer associated with talc-based powders like Johnson’s Baby Powder and Shower to Shower, both manufactured by defendant, Johnson & Johnson.

They or family members close to them allegedly were diagnosed with ovarian cancer after using J&J’s talc-based products for feminine hygiene.

Plaintiffs claim J&J knew about the risk of cancer associated with their products, yet failed to properly warn consumers about that risk.

They cite scientific evidence, some from studies decades old, that suggest a link between talc-based cosmetic powders and the later development of ovarian cancer.

While a causal connection has not been established, some scientists theorize that talcum powder applied near a woman’s perineal area may be able to migrate through the vagina, uterus and fallopian tubes and lodge in the ovaries, potentially causing cancer.

One of the earliest studies on the subject reportedly found particles of talc imbedded in the tissue of ovarian tumors.

Plaintiffs, J&J Clash Over Whether to Form Baby Powder Cancer MDL

Those plaintiffs who objected to formation of the MDL argued that many of the claims that could be consolidated had already been proceeding for years.

Alternatively, plaintiffs requested that the MDL be established elsewhere – in federal courts in Illinois, Louisiana, Mississippi or Georgia.

The panel chose New Jersey as the venue for the MDL since it’s the home state of defendant J&J and is therefore where most of the relevant witnesses and documentary evidence are already located.

The panel said the New Jersey form will also facilitate interaction with state courts that are hearing other baby powder cancer lawsuits, which tend to be grouped within New Jersey or elsewhere along the east coast.

Some such claims have already gone to trial and yielded multi-million dollar awards for the plaintiffs.

The panel also noted that U.S. District Judge Fredal L. Wolfson, tapped to oversee the MDL, is already hearing some of the most advanced cases in the litigation.

In addition to the first nine claims, the panel noted the existence of 12 potential tag-along actions that may likely be candidates for transfer into the MDL. For one particularly advanced claim, Judge Wolfson will have discretion over whether to allow that case to proceed on its own outside the MDL.

The Baby Powder Cancer MDL is In re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL 2738, in the U.S. District Court for the District of New Jersey.