Attorneys general from 43 states and the District of Columbia on Tuesday announced a landmark $700 million settlement with Johnson & Johnson in multistate litigation targeting the harmful chemicals in its talcum-based body powder products.
The states alleged in lawsuits filed Tuesday that the pharmaceutical manufacturer intentionally deceived users about the safety of these products, including Baby Powder and Shower to Shower, since learning of talcum’s potentially carcinogenic properties as early as the 1950s. Talcum powder can contain asbestos, which has been linked to conditions such as mesothelioma, cancer, fibrosis and lung disease. J&J has sold more than 600 million talc products globally since 1992.
The states claimed that the New Jersey-based company targeted women and teenage girls, particularly in Black and Hispanic populations, by marketing its body powder as a “feminine hygiene product,” despite a number of medical studies proving that the use of talc compounds the risk for ovarian cancer.
“Since the 1980s, J&J knew of studies and other support information demonstrating that Talc Powder Products were sometimes tainted with carcinogenic asbestos and that women who used talc-based powders in the genital area had an increased risk of ovarian cancer compared to those women who do not. … Despite this knowledge, J&J continued marketing of Talc Powder Products as safe, pure, and gentle, and as suitable for use in and on female genitals,” the complaint filed by Texas Attorney General Ken Paxton states.
J&J halted sales of Baby Powder in 2020, months after it was forced to issue a recall following the Food and Drug Administration’s discovery of asbestos in one of its bottles. A 2020 news release from the company attributed discontinuing the product to “a portfolio assessment related to COVID-19,” not asbestos. In 2023, J&J globally replaced talc with cornstarch, which does not contain asbestos, in its product formula.
The proposed settlement, which is subject to court approval, will be paid out to states in four installments. The consent judgment permanently bans J&J from manufacturing, marketing, promoting, selling or distributing talc products in the United States.
“Johnson & Johnson knew that it could not ensure the safety of its products for women and children and chose to prioritize profit over honesty. It’s unacceptable, and for the people who were harmed, it’s devastating,” said California Attorney General Rob Bonta in a news release. “Today and every day, I take pride in serving the people of California and holding those who compromise consumer safety accountable.”
J&J was advised on the settlement by a team from O’Melveny & Myers led by partner Daniel Suvor, co-chair of the firm’s State Attorneys General Investigations and Litigation Group. The firm declined to provide a comment.
“Consistent with the plan we outlined last year, the Company continues to pursue several paths to achieve a comprehensive and final resolution of the talc litigation,” said Erik Haas, J&J’s worldwide vice president of litigation. “That progress includes the finalization of a previously announced agreement that the Company reached with a consortium of 43 State Attorneys Generals to resolve their talc claims. We will continue to address the claims of those who do not want to participate in our contemplated consensual bankruptcy resolution through litigation or settlement.”
States named in the settlement, which was helmed by Florida, North Carolina and Texas, include Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.