Two lawsuits in Oklahoma over talcum powder brought against health and beauty products company Johnson & Johnson were settled near the end of March, just hours before the jury reached a verdict.

The plaintiffs, who suffer from a rare and invariably fatal form of cancer known as mesothelioma, alleged that their disease was caused by asbestos that contaminated the talcum powder contained in Johnson & Johnson’s baby powder products, which both had used for several years.

Litigation over Johnson’s Baby Powder and Shower to Shower products has been ongoing since 2009. Plaintiffs in these cases claim that exposure the talc used to manufacture these products caused them to contract either ovarian cancer or mesothelioma, a cancer that attacks the visceral lining. Although Johnson & Johnson continues to maintain that the talcum powder used in its product has never contained asbestos, scientific medical evidence indicates that asbestos exposure is the primary cause of mesothelioma.

About Talc and Asbestos

Talc and asbestos are both naturally-occurring silicate materials. As they are formed by the same type of geological processes, these minerals are known to be found together in the same areas. Studies on exposure to talc alone have suggested that use of talc in the perineal area can result in ovarian cancer. Findings have been inconsistent, however; while many of these studies have found a small to moderate increase in the risk for ovarian cancer from talc exposure, others have have not.

Asbestos is another matter. The link between asbestos and various forms of cancer was established in the late 1930s; however, industries involved in the mining and manufacture of asbestos materials reportedly engaged in a 40-year long campaign to hide this information from the public.

Did Johnson & Johnson Conceal Information?

After its settlement with the two plaintiffs in the recent Oklahoma case, Johnson & Johnson reiterated that their products no not contain asbestos. In a statement, the defendants said that “The decision to resolve any particular case in no way changes our overall position that our talc is safe, is asbestos free and does not cause cancer.”

On the other hand, late last year, the New York Times published an investigative report revealing that a Johnson & Johnson executive expressed concerns about asbestos contamination of its baby powder products in 1971, recommending that the company “upgrade” its quality control procedures of the talcum powder used in the product.

The Talcum Powder Controversy Continues

Thus far, verdicts against the 130-year-old company, once the “Most Trusted Brand in America,” have been mixed. On March 13, 2018, a jury in California found in favor of a woman who also claimed that asbestos contaminated talcum powder used in baby powder products was the cause of her mesothelioma, ordering Johnson & Johnson to pay a judgment of almost $30 million. Meanwhile, another jury in J&J’s home state of New Jersey quickly determined that there was no basis for the plaintiff’s claim that his mesothelioma was caused by his daily use of talcum powder.

Currently, Johnson & Johnson faces over 12,000 lawsuits involving its talc products.