A lawsuit has been filed against Johnson & Johnson, talc supplier Imerys Talc America and the Personal Care Products Counsel, which was formerly known as the Cosmetic Toiletry and Fragrance Association, by a woman who alleges she developed ovarian cancer following her use of talc powder products.
Plaintiff Kelly C. filed her baby powder ovarian cancer lawsuit in federal court in the District of Columbia, stating that her ovarian cancer was a direct result of having used Johnson’s Baby Powder and Shower to Shower powder in her perineal area.
Both Johnson’s Baby Powder and Shower to Shower products contain talc, a magnesium trisilicate material mined from the earth by supplier Imerys Talc. The powders in question are comprised almost entirely of talc, with little other added ingredients. Other baby powder and personal care products use cornstarch as a base as a healthier alternative to talc.
For decades, women have been using Johnson’s Baby Powder, and later its Shower to Shower product, as part of their daily feminine hygiene routine. It is estimated that at least 40% of women still use of talcum powder in their genital area to mask odor and wetness on a daily basis.
Kelly claims in her baby powder ovarian cancer lawsuit that she used the talcum powder products to dust her perineum for feminine hygiene purposes from November 1969 until 2011. She states that in June 2010 she was diagnosed with ovarian cancer at the age of 40.
The baby powder ovarian cancer lawsuit states that numerous studies have been done that show an association between talc and ovarian cancer. The earliest study was conducted in 1971, and at least 27 more studies have been done since that time.
The United States National Toxicology Program published a study in 1993 that looked at the toxicity of non-asbestiform talc and concluded that they had found “clear evidence of carcinogenic activity,” the baby powder ovarian cancer lawsuit claims.
In 1994, defendant PCPC (Personal Care Product Council) sent a letter to Johnson & Johnson summarizing the studies that showed “conclusively that the frequent use of talcum powder in the genital area poses a serious health risk of ovarian cancer,” the complaint states. The letter went on to say that more than 14,000 women a year die of ovarian cancer. The Council requested Johnson & Johnson withdraw its talc products or at least place a warning on the product label regarding the ovarian cancer risk.
Imerys Talc began putting a warning on its Material Safety Data Sheets (MSDS) that it provided to Johnson & Johnson starting in 2006. The lawsuit states that other industries, such as the condom industry, began removing talc from their products and other agencies began issuing warnings regarding the potential health dangers of talc, yet Johnson & Johnson failed to take any action.
Kelly has raised a number of allegations against the defendants including violation of the D.C. Consumer Protection Procedures Act, negligence or wantonness, strict liability for defective manufacture and design, strict liability for failure to warn, negligent misrepresentation, fraud, fraudulent concealment, breaches of warranties, civil conspiracy and punitive damages.
Kelly is seeking a jury trial and an award of damages for severe impairment to her ovaries and reproductive system, medical expenses, pain and suffering, mental anguish, lost wages, fear of cancer, physical impairment and disfigurement, loss of enjoyment of life, loss of spousal companionship, pre-and post-judgment interest, exemplary and punitive damages, general damages, treble damages, attorneys’ fees and costs and any additional relief as deemed just and proper by the Court.
The Baby Powder Ovarian Cancer Lawsuit is Case No. 1:17-cv-00804-RC, in the U.S. District Court for the District of Columbia.
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