After years of litigation, a Johnson & Johnson talc settlement of more than $100 million is set to resolve over 1,000 baby powder cancer lawsuits.

Multinational corporation Johnson & Johnson has been plagued by thousands of lawsuits for the last several years over allegations that its talc-based baby powder products are capable of causing cancer. Lawsuits allege that the company had been aware of asbestos contained in its baby powder for decades, placing many consumers who use the product as part of their regular hygiene routine at serious risk of developing ovarian cancer, and as the issue has been increasingly publicized, such as in the Dec. 2018 Reuters investigation, more and more lawsuits have been filed.

The major Johnson & Johnson talc settlement is just a first step—indeed, the company still has about 20,000 similar lawsuits pending against it. Prior to this settlement agreement, the company has chosen to settle individual suits as they’ve made it to trial rather than settling a whole group at once. Individual lawsuits that have gone to trial have in some cases resulted in tens or even hundreds of millions of dollars in compensatory and punitive damages.

The Johnson & Johnson talc settlement announcement comes several months after the company decided to stop selling its talc-based powder in the U.S. and Canada, though it says that this permanent discontinuation, along with about 100 other products, is because of a decline in demand for the powder, in part related to the ongoing coronavirus pandemic. Johnson & Johnson maintains that its talc-based baby powder product was always safe. The company does have a cornstarch-based baby powder still available on the market.

“In certain circumstances, we do choose to settle lawsuits, which is done without an admission of liability and in no way changes our position regarding the safety of our products,” said Kim Montagnino, a spokesperson for Johnson & Johnson. This position is backed by “scientific evidence,” she said.

“Our talc is safe, does not contain asbestos, and does not cause cancer,” Montagnino said.

Was J&J Baby Powder Ever Recalled?

In 2019, Johnson & Johnson recalled tens of thousands of bottles of its baby powder after the regulators from the U.S. Food and Drug Administration (FDA) found trace amounts of asbestos in the product, affecting a single batch. The recall was made “out of an abundance of caution.” Asbestos is a type of fibrous mineral classified as a human carcinogen—that is, capable of causing cancer in humans. Asbestos was once widely used in the construction and manufacturing industries, but has become much more heavily regulated as its risks have become known.

Now, some experts indicate that the major Johnson & Johnson talc settlement is perhaps indicative of something more. Carl Tobias, a University of Richmond law professor who specializes in mass-tort cases like these, says that this move means the company is trying to get on top of the litigation.

“J&J is generally loath to settle lawsuits, so when you see this kind of push, it’s part of a strategy rather than a sign of desperation,” Tobias said.

Johnson & Johnson said in a securities filing back in July that it had “established an accrual primarily for defense costs, and reserves for potential settlement of currently pending mesothelioma cases.” However, the company did not specify how much it had set aside for this purpose.

Johnson & Johnson has been able to hold settlement talks during the lull caused by the pandemic. However, that temporary hiatus is about to end. A trial is set for this month in California over a factory worker’s claims of mesothelioma caused by talc.

Filing a Johnson & Johnson Baby Powder Cancer Lawsuit

If you or someone you love has been diagnosed with ovarian cancer, mesothelioma, or another type of cancer after exposure Johnson & Johnson’s talc-based baby powder products, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by a cancer diagnosis, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.