A California federal judge has dismissed a baby powder cancer class action lawsuit brought against Johnson & Johnson by a number of women.

U.S. District Judge Troy L. Nunley ruled the Johnson’s Baby Powder class action lawsuit had no merit, as it was based solely on economic damages and didn’t involve any instances where a plaintiff was actually diagnosed with ovarian cancer or suffered any other injury as a result of using the product.

This original baby powder lawsuit, brought forth by plaintiff Mona E., sought class action status to fight for economic damages on behalf of all women who purchased Johnsons’ baby powder products. Mona strived to force Johnson & Johnson to properly inform consumers about the potential health risks with Johnsons’ Baby Powder, including information about increased ovarian cancer risk.

Mona maintains that Johnsons’ Baby Powder is not safe, and that many studies have confirmed that use of the talc powder for feminine hygiene may increase a woman’s risk of ovarian cancer compared to women who never used talcum powders.

However, Mona did not allege that she developed ovarian cancer, but rather was pursuing economic damages, claiming that she and other women never would have purchased the product if they had known that it could cause ovarian cancer.

On March 27, Judge Nunley issued an order granting Johnson & Johnson’s motion to dismiss the talcum powder lawsuit, finding that Mona lacked the basis to pursue the claim, as she has not suffered any economic injury and does not allege that she developed injuries of any type from her use of the product. The judge said the mere purchase of the baby powder was not sufficient cause for an economic injury, as she received the “benefit-of-the-bargain,” by getting what she intended when purchasing the product.

Judge Nunley provided Mona 30 days to make any necessary amendments to her baby powder class action lawsuit complaint.

While economic damages are a sufficient basis to provide standing in a case, Judge Nunley indicated that Mona must be able to demonstrate that she was misled by the manufacturer, and either paid a premium for the baby powder or would have purchased a different product

Talcum Powder Lawsuits

Women like Mona have been using talcum powder on their bodies for decades, as it absorbs moisture and helps to cut down on friction that can cause rashes. In recent years, there has been an increasing concern about the potential risk of ovarian cancer when the substance is applied to the genital area. Researchers have noted a link between talcum powder and ovarian cancer for years, as it has been found within many ovarian tumors.

Many women have filed baby powder cancer lawsuits against Johnson & Johnson, claiming the use of the Johnson’s Baby Powder, Johnson’s Shower to Shower and other products caused them to develop ovarian cancer.

The Johnson’s Baby Powder Ovarian Cancer Class Action Lawsuit is Case No. 2:14-cv-01051, in the U.S. District Court for the Eastern District of California.