After a failed attempt by Johnson & Johnson (J&J) to have the talcum powder litigation thrown out, a Missouri court of appeals has reduced the damages to be awarded for these claims by more than half. According to Reuters, plaintiffs allege not only that J&J’s baby powder caused their cancer, but also that the company knew about the risks and failed to warn consumers.

Nearly 20,000 suits have been filed against Johnson & Johnson regarding the alleged damage caused by their talcum powder products.

Talcum Powder Health Risks

The health risks of talcum powder actually come from two separate sources: the powder itself, and asbestos contamination in that powder. Asbestos contamination is far more straightforward because asbestos is widely recognized as a carcinogen and is found near talc in nature and mines. However, tests of the carcinogenic behavior of talcum powder itself have been mixed.

In January 2020, National Public Radio (NPR) reported that talcum powder was not likely to be a risk factor for ovarian cancer. However, the study NPR sites does state that those who use baby powder are at a higher risk of ovarian cancer, but that the difference is a “small” one. Researchers noted that studies on this issue have seen mixed results.

“No study can ever say definitively what the cause of cancer is, but this study at least shows there’s not a substantial increase in ovarian cancer risk,” Dr. Dana Gosset, professor of obstetrics and gynecology at the University of California, told NPR.

J&J Court Award Reduction

Those suing J&J over their talcum powder argue that asbestos contamination in the products they used caused their cancer. The court has sided with plaintiffs so far, setting the original damages amount at $4.69 billion.

“Plaintiffs proved with convincing clarity that defendants engaged in outrageous conduct because of an evil motive or reckless indifference,” the court judgement reads. “There was significant reprehensibility in defendants’ conduct.”

However, the court found that 22 claims against Johnson & Johnson were subject to dismissal and lowered the damages awarded to $4.14 billion. Now, the judgement has been further reduced to $2.12 billion. It’s not clear what caused the recent cut, but J&J continues to deny the allegations and push back against the suits.

“We continue to believe this was a fundamentally flawed trial, grounded in a faulty presentation of the facts,” a spokesperson for J&J told Reuters. “We deeply sympathize with anyone suffering from cancer, which is why the facts are so important. We remain confident that our talc is safe, asbestos free, and does not cause cancer.”

J&J says they will appeal the court’s decision not to dismiss the cases against them.

Did J&J Know About the Risks?

One key allegation put forth by allegations against J&J is that they knew about the risks associated with their talcum powder products but chose not to warn consumers in order to protect their profits. Specifically, plaintiffs claim that J&J knew about the asbestos contamination present in their talc-based products.

Indeed, Reuters reports that J&J had conducted at least three studies showing the presence of asbestos in their products by the time the Food and Drug Administration set a limit on asbestos in consumer products in 1976. One of those studies found “rather high” levels of asbestos, but J&J reportedly told the FDA that there was no asbestos “detected in any sample”. Reuters further states that J&J has intentionally used testing methods that allow contaminants to go undetected.