A new lawsuit has been filed in U.S. District Court for the District of New Jersey on Nov. 2, 2017, because of a wrongful death allegedly caused by talcum powder.

This lawsuit will be part of Multidistrict Litigation (MDL) No. 2738, which is all the aggregated legal complaints against Johnson and Johnson Inc., a handful of its subsidiaries, and a talc supplier.

The talc supplier was allegedly part of a conspiracy to withhold the product’s dangers from the American public.

The new lawsuit was filed by Alice L., plaintiff and representative of the estate of Bernice L., who allegedly experienced a wrongful death due to talcum powder. The plaintiff and the decedent injured by talcum powder is a citizen and resident of Maxton, N.C.

In April 2014, the late Bernice L. was diagnosed with ovarian cancer following talcum use for nearly ten years beginning in 2005. Not knowledgeable about the relationship between potential injury and her use of talcum powder, the deceased continued to use the product through 2015.

Bernice L, the decedent for whom the plaintiff stands as representative, was born in January 1961 and experienced ovarian cancer and, according to the lawsuit, suffered a wrongful death due to talcum powder in April 2017.

She is said to have used both Johnson and Johnson’s Baby Powder and Shower-to-Shower Talcum Powder daily during the nine years prior to her diagnosis and the one year following it.

In the long form MDL complaint, Johnson and Johnson Inc. and its subsidiaries are presented as having specifically targeted women with its ad campaigns for talcum products which directly and indirectly encouraged genital application for daily freshness.

The pharmaceutical giant is accused of having deceptively suppressed scientific evidence as data became available regarding the link between talcum powder use and ovarian cancer development.

The complaint indicates that the suppliers of talc, Imery’s Talc America and Johnson & Johnson colluded to fraudulently misrepresent its safety in promotion long after information was known.

The plaintiff is bringing the following counts against the defendants in this wrongful death due to talcum powder lawsuit: Products Liability—Strict Liability—Failure to Warn; Products Liability—Strict Liability—Defective Manufacturer and Design; Breach of Express Warranties; Breach of Implied Warranties of Merchantability; and Breach of Implied Warranty of Fitness for a Particular Purpose.

The plaintiff is also bringing these additional counts against the defendants: Negligence; Negligent Misrepresentation; Fraud; Violation of State Consumer Protection Laws of New Jersey and North Carolina; Fraudulent Concealment; Civil Conspiracy; Punitive Damages; Discovery Rule and Tolling; Wrongful Death; and Survival Action.

Alice L., as administrator for the estate of decedent Bernice L., is asking for a trial by jury with a favorable judgment on her behalf which includes compensatory and punitive damages, all costs of litigation including court and attorney fees, interest, and any other awards based on evidence presented in court.

The Talcum Powder Wrongful Death Lawsuit is Case No. 3:17-cv-10660-FLW-LHG in the U.S. District Court for the District of New Jersey.