Attorneys representing plaintiffs in thousands of talcum powder asbestos cancer lawsuits recently asked a federal judge to allow additional supplementation in evidentiary proceedings following the Food and Drug Administration’s (FDA) testing of talcum powder products. The judge’s ruling in these key evidentiary proceedings are expected to have a tremendous impact on how the thousands of cases in federal court against pharmaceutical and cosmetics giant Johnson & Johnson will play out over the coming months and years.
In October 2019, the FDA announced that samples taken from certain lots of Johnson & Johnson’s Baby Powder tested positive for trace amounts of deadly asbestos fibers, prompting the company to issue a voluntary recall of an estimated 33,000 bottles of its iconic product. In the wake of those positive asbestos tests, the plaintiffs’ lawyers have filed Freedom of Information Act requests with the FDA to obtain documents related to the lab tests, and asked Johnson & Johnson to provide discovery regarding the same materials.
Attorneys for the asbestos cancer victims have asked the New Jersey federal judge presiding over the key evidentiary hearings to allow the plaintiffs to include the additional information gathered in their legal briefs for the proceeding. Those proceedings, known as Daubert hearings, will decide which of the 39 expert witnesses named by both sides will be allowed to be presented to potential juries in the estimated 12,400 cases on the docket in federal courts across the country.