A new talcum powder cancer lawsuit was filed against the Johnson & Johnson Company, Imery’s Talc America Inc., and the Personal Care Products Council on March 7, 2018, in U.S. District Court.
The plaintiff, Cheryl D., is a resident of Lillian, Ala. She claims that she developed ovarian cancer because of using the defendant’s Shower-to-Shower product over many years.
According to the short-form talcum powder cancer lawsuit, Cheryl was diagnosed with cancer toward the latter end of January 2017 in Pensacola, Florida. She used Johnson & Johnson’s Shower-to-Shower for about 61 years, starting in 1955 and ceasing in 2016.
This talcum powder cancer lawsuit is part of a larger Multidistrict Litigation, MDL No. 2738–Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, And Products Liability Litigation. Among several allegations, the MDL purports that the pharmaceutical giant, Johnson & Johnson, specifically targeted the female population with its advertising campaigns that promoted both the safety of their talcum products and benefits of daily use.
The long-form lawsuit narrative refers to advertising that suggests talcum use to soothe irritated skin after a bikini wax. It also mentions less direct campaigns that suggest body odor-causing perspiration can be treated safely for the ultimate sense of freshness with all-over use.
Cheryl alleges through her counsel that these advertising campaigns continued to promote talcum safety despite concurrent information, that Johnson and Johnson was allegedly aware of, linking their Baby Powder, Shower-to-Shower, and all talc-based products to talcum powder cancer—typically ovarian cancer—as early as 1971.
Talcum and Safety Claims
In 1971, an association between ovarian cancer and talcum powder use was alluded to by a study undertaken in Wales. Eleven years later, a first epidemiological study targeting talc-based product use and the female reproductive system concluded that regular perineal use of talcum powder was linked to a 97 percent increase in the risk of being diagnosed with ovarian talcum powder cancer.
The documentation of this lawsuit says that another 27 studies have been completed since 1982 that confirm these results.
In 1990, the U.S. Food and Drug Administration (FDA) requested that surgical latex glove manufacturers remove talc from their exterior due to evidence that the mineral caused a foreign-body reaction and promoted internal adhesions or ‘gluing’ of organs and bowels.
In 1996, a similar request was made of the condom industry, yet Johnson and Johnson continued to promote their talc-based products’ safety.
Since Cheryl and others like her relied upon the direct and implied safety statements of the defendants, she holds them liable for her talcum powder cancer. She brings 21 counts from the MDL against them that include Failure to Warn, Defective Design, Fraudulent Concealment, Negligence, Breach of Implied Warranty of Merchantability for a Particular Purpose, Breach of Express Warranty, and Fraud, to name a few.
The plaintiff seeks compensatory damages with costs of litigation and interest included along with punitive damages.
The Talcum Powder Cancer Lawsuit is Case No. 3:18-cv-03247-FLW-LHG in U.S. District Court for the District of New Jersey.
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