Talc Powder

Talc is a naturally-occurring mineral, comprised primarily of magnesium, silicon and oxygen. In powder form, it absorbs moisture and reduces friction to help prevent rashes. It’s a popular ingredient for baby powder, adult facial powder and adult body powder.

It’s also dangerous, according to the thousands of talcum powder product liability lawsuits.

Some naturally-occurring talc contains asbestos, which is a known catalyst for a type of cancer called mesothelioma. However, numerous studies now assert a link between the use of talcum powder and ovarian cancer. The basis of these product liability lawsuits is that manufacturers of the powder failed to warn users of this increased risk when women used the powder for personal hygiene.

Salt Lake City talcum powder injury attorneys at The Esparza Law Group know that nearly 5,000 injury lawsuits are pending against Johnson & Johnson, which is the largest manufacturer of U.S. baby powder products with Johnson’s Baby Powder.

Valeant Pharmaceuticals, which purchased rights to Johnson & Johnson’s Shower to Shower powder product for $150 million in 2012, has also been named a defendant in a growing number of talc injury lawsuits. Valeant is now fighting to have Johnson & Johnson cover the cost of its legal defense.

Why Are Talc Lawsuits Being Filed?

Plaintiffs of talc injury litigation say application of the powder directly to the genital area, diaphragms, sanitary napkins or condoms allowed toxins in the powder to travel through the reproductive tract to the ovaries. As the American Cancer Society notes, the concern is that the particles travel through the vagina to the uterus, fallopian tubes and ovaries.

Plaintiffs in talc litigation say manufacturers of these products knew about this specific danger for at least four decades and did nothing to warn women of the risk and may even have actively worked to conceal it.

Johnson & Johnson insists its baby powder products are safe and plaintiffs lack credible scientific evidence to back their allegations. Not all juries have shared that conclusion.

The American Cancer Society reports research on the issue has returned mix results, but that people might want to avoid or limit their use of talcum powder products until more research can be conducted. The American Association for Cancer Research released a study in 2016 finding a marked increase in the development of epithelial ovarian cancer among black women who used the powder, and further that inflammatory responses could result from inhaling the particles.

Multi-District Litigation in Talc Lawsuits

Class action litigation for product liability claims can be an challenge, considering there are many different ways a product is marketed, sold and used.

Many plaintiffs have instead joined what is known as “multi-district litigation.”

When there are thousands of complex injury lawsuits across many federal districts alleging harm by the same manufacturer for mostly the same breach of care, an “MDL,” as established under 28 U.S.C. Section 1407, helps speed the process by collectively resolving early issues and questions. For instance, if one witness is compelled to provide testimony in thousands of depositions around the U.S., there is a potential for inadvertent inconsistencies. In an MDL, that same witness can be deposed just one time and that testimony is used in numerous individual cases, which are transferred to their respective district court for final judgment.

As far as talc lawsuits against Johnson & Johnson, MDL 2738 is pending before the U.S. District Court in the District of New Jersey.

Each time an individual plaintiff is victorious in one of these cases, the odds of the company settling – and for a substantial amount – are higher.