February, 2020

Johnson & Johnson Settles Talcum Powder Asbestos Cancer Lawsuit Mid-Trial

February 27, 2020 | Throneberry Law Group

After nearly a two-week-long asbestos cancer trial, pharmaceutical and cosmetics giant Johnson & Johnson agreed to a rare settlement with the plaintiff who alleges she developed a rare and deadly form of lung cancer as a result of using one of the company’s most popular and iconic talc-based products. As part of the settlement, the New Jersey-based company reportedly agreed to pay the plaintiff $2 million and resolve the case without admitting any wrongdoing in the matter.

The settlement is a rare move by Johnson & Johnson, which faces an estimated nearly 17,000 other cases alleging plaintiffs developed serious forms of cancer, including mesothelioma, from using asbestos-contaminated talcum powder products produced and marketed by the company. To date, jurors in state courts in California, Missouri, and New Jersey have handed down verdicts in favor of plaintiffs totaling over $5 billion in total compensation, including punitive damages for what the juries deemed especially reckless conduct on Johnson & Johnson’s part.

Johnson & Johnson was not the only defendant in the case to reach a settlement. The 61-year old plaintiff also named London-based Rio Tinto Minerals as a defendant, which reportedly mined the talc that was used in the Johnson & Johnson Baby Powder the plaintiff allegedly developed mesothelioma from. As a result of settlements with all parties involved, the Oakland County jury was dismissed and will no longer need to deliver a verdict in the case.

Federal Agency Team to Recommend Standard Asbestos Testing in Talc to FDA

February 22, 2020 | Throneberry Law Group

The Food and Drug Administration (FDA) recently announced that it will host a public forum discussing the methods used to test for asbestos fibers in talc-based products, as well as the terminology and criteria that can be used to measure the carcinogen in consumer products. During that forum, the FDA will discuss preliminary recommendations from the Interagency Working Group on Asbestos in Consumer Products (IWGAC)—an interagency working group formed in 2018 to support the development of standardized testing methods for asbestos and other harmful particles.

The purpose of the IWGAC is to address the terminology and definitions of asbestos, recommend improvements for measuring asbestos in talc-based products, and recommend testing standards to test these products. The FDA forum comes two-years after the agency first began investigating reports of asbestos in talcum powder products, during which time it tested 50 such products and confirmed the presence of asbestos in some. One of those examinations in October 2019 revealed the presence of asbestos fibers in a lot of Johnson & Johnson’s Baby Powder, which caused the company to voluntarily recall 33,000 bottles of the iconic product.

Specifically, the IWGAC recommends adopting the term elongate mineral particles (EMP) to be “any mineral particle with a minimum aspect ratio of 3:1,” as to resolve ambiguity and disagreement of asbestos vs non-asbestos identification. Testing laboratories report all EMP having a length of over 500 nm and that testing methods specify reportable EMP identified as certain types of asbestos.

Johnson & Johnson CEO Testifies for First Time in Talcum Powder Asbestos Cancer Trial

February 15, 2020 | Throneberry Law Group

Johnson & Johnson CEO Alex Gorsky recently appeared in a New Brunswick, New Jersey courtroom to testify in a talcum powder asbestos cancer lawsuit brought by four plaintiffs who claim they developed a serious form of cancer from years of using one of the company’s most iconic products. The talcum powder lawsuit alleges that the plaintiffs developed mesothelioma as a result of asbestos exposure from using Johnson & Johnson products like Baby Powder and Shower to Shower while the pharmaceutical and cosmetics giant knew about the risk posed to consumers but chose not to provide any safety warnings on the products.

During his testimony, Gorsky indicated that he relied on company experts when he announced on national television that Johnson & Johnson’s Baby Powder does not contain asbestos and was safe for consumers to use. Despite Gorsky claiming that he did not have firsthand knowledge of the science behind Baby Powder risks, revelations have surfaced in recent months that the company knew for decades about possible risks and that the company still chose to market its products to vulnerable and marginalized communities.

Furthermore, Johnson & Johnson was forced to issue a recall of 33,000 bottles of Baby Powder after independent testing conducted on behalf of the Food and Drug Administration (FDA) discovered the presence of asbestos fibers in the product lot. Those tests have since spurred Congressional oversight committees to call for standardized testing methods and terminology to dispel ambiguity about how results are interpreted and ensure the public at large is protected from products containing deadly asbestos.

Longtime Johnson & Johnson Talc Supplier Shops Sale of U.S. Operations

February 2, 2020 | Throneberry Law Group

Johnson & Johnson’s long time talc supplier is reportedly shopping the sale of its North American talc operations after filing for bankruptcy under the weight of thousands of asbestos cancer lawsuits in which the company was enjoined with the pharmaceutical and cosmetics giant. Those lawsuits, which thus far have produced billions in plaintiffs verdicts, claim that Johnson & Johnson and Imerys produced and marketed talc-based products like Baby Powder and Shower to Shower which contained deadly asbestos fibers and caused the victims’ debilitating and often fatal health conditions.

Among the assets up for supposed sale, Imerys is reported to consider selling strategic alternatives that could include the sale of business in North America as a whole. In February 2019, Imerys filed for Chapter 11 bankruptcy protection, citing that the company was facing more than 14,000 lawsuits in the United States at the time. Reports stress that deliberations are still at an early stage and that no final decisions have been reached as of yet.

The reports are significant in that the proceeds from the sale of Imerys’ North American talc operations could be used to fund settlements of talcum powder cancer lawsuits, through some form of a trust. To do so, Imerys would ultimately need to negotiate with creditors, which would include insurers and those parties involved in asbestos cancer lawsuits.