By Kim Gale  |  May 1, 2018

Category: Consumer News

Talcum powder on wooden backgroundA jury has awarded $37 million in compensatory damages to a man and his wife after the man claimed a link between his use of talcum powder and mesothelioma diagnosis.

The award was split with $30 million going to plaintiff Stephen L. and $7 million in damages awarded to his wife.

Stephen’s case was based on allegations he used Johnson & Johnson’s baby powder and the company’s Shower to Shower talcum powder for more than 30 years on his body. He claimed his inhalation of the powders over the years led to him developing mesothelioma in the lining of his lungs because the talcum powders were tainted with asbestos fibers.

Mesothelioma is a cancer of the lining of an organ. The most common cause of mesothelioma cancer is asbestos exposure.

Talc and asbestos are minerals often found in close proximity to one another when mined from the earth. Even though studies have shown the possibility of cross-contamination when these products are mined, Johnson & Johnson insists its talcum powders do not contain asbestos.

Asbestos-tainted talc products reportedly have been banned since the 1970s.

Stephen’s lawsuit alleged that Johnson & Johnson has worked since the 1960s to hide that asbestos is found in its talcum powder products. In response, Johnson & Johnson said it has taken great steps to ensure its talc did not contain any asbestos.

In the talcum powder and mesothelioma verdict, Johnson & Johnson was determined to be 70 percent liable and its talc supplier, Imerys Talc, was deemed 30 percent liable.

Talcum Powder and Mesothelioma Link Denied by Mining Company

Imerys had argued that Stephen’s mesothelioma allegedly was caused by asbestos exposure he must have experienced at his childhood home or the schools he attended.

Imerys Talc is the successor of Luzenac America Inc. and Rio Tinto Minerals Inc. Imerys has mined talc for Johnson & Johnson for decades.

Both Imerys and Johnson & Johnson are active members of the Personal Care Products Council (PCPC), formerly known as the Cosmetic, Toiletry and Fragrance Association (CTFA). The trade association allegedly has interacted and influenced local, state and federal regulations on talc-based products, including body powders.

According to the PCPC’s website, the group is “committed to safety, quality and innovation” and represents more than 600 personal care products companies. However, more than one lawsuit has alleged the PCPC engages in promoting the interests of its member companies and especially talc-based powders.

The talcum powder and mesothelioma lawsuit was aided by a 1969 memo that allegedly indicated asbestos was found in talc used in Johnson & Johnson’s baby powder. That memo was a confidential communication by a Johnson & Johnson research scientist who reportedly feared the company would face lawsuits if the public found out.

Adding to the intrigue, Imerys company representatives allegedly destroyed talc samples before they could be tested for asbestos by Lanzo’s attorneys.

The Talcum Powder and Mesothelioma Lawsuit is Case No. L00738516 in the Middlesex Superior Court for New Brunswick.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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