On Tuesday, Oct. 22, 2019, according to a recent Courtroom View Network article, opening statements were heard in a lawsuit in which a plaintiff has alleged that talcum powder inhalation led to her diagnosis of mesothelioma. The complainant—48-year-old Amy Fong—brought her lawsuit against Johnson & Johnson, the manufacturers of commonly used Baby Powder sold under the brand name and Shower-to-Shower products. She, along with her spouse, sued the company, claiming that daily use allowed for talcum powder inhalation of contaminating asbestos fibers.

The lawsuit against Johnson & Johnson was filed in Los Angeles County Superior Court and a California State Court jury was present to hear the first arguments from both sides. Reportedly, the plaintiff’s allegations were countered with the household product and drug giant’s assessment that Amy was actually exposed to asbestos during her childhood spent in Hong Kong. Her living quarters were near construction sites where asbestos-based products are used frequently.

While Johnson & Johnson maintains the safety of its Baby Powder and Shower-to-Shower products and claims they are asbestos-free, the trial is significant due to a recent voluntary recall of 33,000 bottles. The recall was inspired by a test conducted by the U.S. Food and Drug Administration (FDA) on a random bottle purchased online. This bottle was found to have trace asbestos contamination, according to a Business Insider report.

The recall was done out of an abundance of caution, but Johnson & Johnson still maintains the overall safety of their products and insist that they undergo a rigorous testing process before going to market. The recalled items were purportedly subjected to the testing expertise of two different independent labs which found no evidence of contamination. Despite this high-profile incident, the recall wasn’t mentioned in opening arguments by the plaintiff attorney in the Fong talcum powder inhalation lawsuit.

What was mentioned was 50 “historical bottles” of Johnson & Johnson’s Baby Powder tested and found to contain asbestos. As indicated by Asbestos.com, 1976 was a year when 10 out of 19 random samples of U.S. sold talcum-based products were found to be contaminated by Mt. Sinai Hospital scientific researchers. The saturation level was estimated to be along a continuum between two to 20 percent.

This study didn’t include the defendant’s products, but company documents unsealed in December 2018 revealed that they suppressed reports of contamination at a mine owned by a significant supplier in the early 1970’s. This revelation was the cause of a significant drop in stock value for Johnson & Johnson at that time. The threats to the company’s financial well-being keep coming.  Contamination can lead to mesothelioma decades later as the disease has a latency period between exposure and diagnosis of up to 40 years.

How Does Talc Get Contaminated with Asbestos?

Talc is a mineral mined from the earth and often exists next to similar deposits of asbestos. Some sources of talc are contaminated by the nature of their location and others are not. Since 1976, the Personal Care Products Council has asked that merchants only sell products that are asbestos-free. Cosmetic products are not under regulation by the FDA.

This Johnson & Johnson Lawsuit is case number BC675449, in Los Angeles County Superior Court.