Johnson & Johnson is still attempting to derail the Baby Powder cancer class action lawsuit filed against the company by Illinois resident Barbara Mihalich, arguing that her claims of both danger and damage are “meritless.”

Mihalich filed the Johnson’s baby powder cancer class action lawsuitin May alleging that Johnson’s  Baby Powder put her and other Class Members at risk since they were not warned of the possibility of developing ovarian cancer by using talc powder on the female genital area. Since early August, Johnson & Johnson has filed motions of dismissal against Mihalich’s class action lawsuit based on two arguments.

First, Johnson & Johnson disagrees with Mihalich’s main argument, which alleges that “consumers expect talc to be safe to use. Johnson’s Baby Powder is not safe. As numerous studies have confirmed, Johnson’s Baby Powder leads to a significant increased risk of ovarian cancer. Women who used talc-based powders to powder their genital area have a 33 percent increased risk of ovarian cancer compared to those women who never used the powders.”

Johnson & Johnson disagrees with Mihalich’s claim that their brand name talcum baby powder is unsafe for use.

According to the company’s motion to dismiss the baby powder cancer class action lawsuit, Johnson & Johnson has stated that “the risk is meritless.”

The second argument Johnson & Johnson makes in this baby powder class action lawsuit is against Mihalich’s claim of personal damages. Mihalich alleges that because of Johnson & Johnson’s misrepresentation of their talc powder product and omission of the dangers of ovarian cancer associated with baby powder, she and other Class Members “purchased a product which is potentially lethal.”

Johnson & Johnson argue that because Mihalich “was never harmed in any way” from her use of Johnson & Johnson Baby Powder, she cannot plead damages or represent Class Members who plead baby powder ovarian cancer damages.

Mihalich and Johnson & Johnson are still waiting on the court’s decision on whether or not this baby powder cancer class action lawsuit will move forward.

The Johnson & Johnson Baby Powder Cancer Class Action Lawsuit is Barbara Mihalich v. Johnson & Johnson Inc., Case No. 3:14-cv-00600-MJR-SCW, in the U.S. District Court for the Southern District of Illinois.

History of Johnson Baby Powder Cancer

Since 1893, Johnson’s Baby Powder has been the go-to brand name talcum powder on the U.S. market for use on infant and adult skin alike. Aside from use on skin, Johnson & Johnson has also allegedly marketed their talc powder product for safe use on female genitals to keep the area clean and mask odors.

While Johnson’s Baby Powder is marketed as a safe and effective product, decades of research suggest that this may not be the case. As early as 1960, research studies on talc powder products have shown evidence with a strong link between talc powder use on the genital area and increased risk of ovarian cancer among female patients.

According to a 1971 study, and dozens of more performed since then, talc particles are prone to travel from the application area to the ovaries. The study demonstrated how 10 out of 13 ovarian tumors of baby powder users had deeply embedded talc particles present, thus increasing a consumer’s chances of developing ovarian cancer.

In light of these studies, many women have decided to file or join Johnson & Johnson baby powder cancer lawsuits against the talc powder manufacturer Johnson & Johnson.