Originally filed in Providence-Bristol County, Rhode Island Superior Court, a Johnson’s Baby Powder lawsuit has been moved to the U.S. District Court of Rhode Island as of mid-June 2017.

Plaintiff Karen M., personal representative of decedent, Katherine M., is suing Johnson & Johnson, Imerys Talc America and CVS Pharmaceuticals Inc. for wrongful death from ovarian cancer.

According to the legal documentation in the Johnson’s Baby Powder lawsuit, all defendants played a collective part in contributing to the ovarian cancer which led to the decedent’s early demise.

Talc, or magnesium trisilicate, was mined by Imerys Talc America. The plaintiff alleged Imerys advertised and marketed the product as completely safe for human use without reservation.

Even as reports and data became available linking frequent genital use of talc with increased probability of ovarian cancer, Imerys’ Material Safety Data Sheet (MSDS) on this inorganic mineral did not change to reflect or warn of this danger, the plaintiff claims.

As to Johnson & Johnson, this Johnson’s Baby Powder lawsuit identifies the company’s long-standing history of marketing its talcum powder product to women since its first appearance on the market in 1893.

The legal documentation lists advertising copy that Karen says encouraged use of the product on the genital area by encouraging female consumers to soothe skin after a bikini wax with the powder. References were made to needing to mask odors in areas other than underarms as well.

The legal documentation in this Johnson’s Baby Powder lawsuit states that there was no warning label at any time making women aware of a spike in risk of ovarian cancer correlated with frequency of application of talc to the perineal region.

Karen says there is evidence that Johnson & Johnson knew of this correlation as early as 1972 and data released from several highly-controlled medical studies has been burgeoning ever since.

Seller Liability Alleged in Johnson’s Baby Powder Lawsuit

In this wrongful death lawsuit, even the corporate office of CVS drug stores is named as a defendant for selling Johnson’s Baby Powder and Shower to Shower, another of Johnson’s & Johnson’s talcum-based products.

According to the legal documentation, Karen alleges CVS had a responsibility to either warn the public of the dangers of this product or refuse to sell it in the light of questionable safety data.

Counts Against Defendants in Johnson’s Baby Powder Lawsuit

In this Johnson’s Baby Powder Lawsuit for wrongful death, the plaintiff brings the following counts pertaining to Johnson & Johnson only: count one – negligence; count three – strict product liability; count four – negligent infliction of emotional distress; count five – breach of express warranty; count six – breach of implied warranty.

The plaintiff brings the following counts pertaining to Imerys only: count two – negligence; count seven – strict liability, component part liability. The following counts pertain to CVS only: count twelve – negligence; count thirteen – strict liability, seller liability.

The plaintiff brings the following counts pertaining to Johnson & Johnson and Imerys collectively: count eight – concert of action; count nine – civil conspiracy; count ten – fraud; count eleven – negligent misrepresentation. The following counts pertain to all defendants: count fourteen – failure to warn; count fifteen – Rhode Island deceptive trade practices; count sixteen – wrongful death and survival; count seventeen – punitive damages.

The plaintiff is asking for punitive damages and compensatory damages as the court deems fit, along with payment to cover all court and legal fees inherent in the filing of the lawsuit.

The Johnson’s Baby Powder Cancer Lawsuit is Case No. 1:17-cv-00283, in the U.S. District Court for the District of Rhode Island.