Johnson & Johnson is facing tens of thousands of talcum powder cancer lawsuits across the United States involving the health risks linked to talc-based baby powder. These talc lawsuits largely relate to cancers and other serious health conditions caused by talc powder, which the company uses in its ubiquitous Baby Powder, among other products. While many individuals and families have already secured settlements from Johnson & Johnson, numerous lawsuits remain pending in multi-district litigation (talcum powder MDL), and the company will continue to face a talcum powder lawsuit for the foreseeable future.

What does this mean for individuals and families who have received a diagnosis?

J&J's baby powder will be dealing with talcum powder lawsuits for years. Now that the health risks linked to talcum powder exposure are publicly known, we are seeing an uptick in the rate of new lawsuits being filed. Through these lawsuits and other efforts, it has also been revealed that Johnson & Johnson likely knew, or at the very least should have known, that its talcum powder-based products were dangerous for a very long time. While this knowledge isn’t required to substantiate a product liability lawsuit, it provides additional grounds for individuals and families to assert their legal rights, and it limits Johnson & Johnson’s leverage in settlement negotiations.

“Investigations in talc litigation have uncovered evidence which strongly suggests that Johnson & Johnson has long been aware of the serious health risks linked to its talcum powder-based products. While many lawsuits involving these allegations have settled already, far more remain pending—and there are even more potential plaintiffs who have yet to come forward.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

This article overviews the health risks associated with talcum powder exposure. It also introduces what individuals and families need to know about asserting their legal rights. If you or a loved one has been diagnosed with cancer or any other serious health condition caused by exposure to dangerous talc, you should talk to a lawyer about filing a talcum powder lawsuit promptly.

Understanding the Dangers of Talcum Powder

The health risks linked to Johnson & Johnson’s talcum powder-based products relate not specifically to talc itself, but rather another substance that often appears in talc—asbestos. As the American Cancer Society explains:

“Talcum powder is made from talc. . . . Talc is mined from the earth. In this natural form, some talc contains asbestos, a substance known to cause cancers in and around the lungs when inhaled.”

As the American Cancer Society also explains, the risks of asbestos contamination in talcum powder have been known for almost 50 years. “In 1976, the Cosmetic, Toiletry, and Fragrances Association (CTFA), the trade association representing the cosmetic and personal care products industry, issued voluntary guidelines stating that all talc used in cosmetic products in the United States should be free from detectable amounts of asbestos according to their standards.”

But, this didn’t stop Johnson & Johnson—among other companies—from continuing to sell asbestos-contaminated Baby Powder and other cancer-causing products.

To be abundantly clear, talc itself is not inherently dangerous when used externally, although inhaling or ingesting talcum powder can be dangerous. Asbestos and talc can be separated, and asbestos-free talc is considered safe for everyday external use. It is asbestos exposure that is the problem, and it is this problem that Johnson & Johnson apparently ignored for decades. As recently as last year, the company put out a statement reaffirming “its longstanding position that its talcum powder products are safe.”

This is true despite all of the evidence to the contrary. 

Here, the company also appears to be blurring the lines between talcum powder that is asbestos-free and talcum powder that is contaminated with asbestos. While some researchers still question whether ingesting asbestos-free talcum powder presents a cancer risk, asbestos is recognized as a known human carcinogen by health agencies and health experts around the world. These include the U.S. Environmental Protection Agency (EPA), the World Health Organization (WHO), the Mayo Clinic, and Johns Hopkins Medicine—among many others. While Johnson & Johnson's baby powder is facing tens of thousands of lawsuits (and has already settled many similar talcum powder cases), the number of people who have been harmed by Baby Powder and other talcum powder-based products—whether contaminated with asbestos or not—remains unknown.

Some of the primary health risks linked to Baby Powder and other talcum powder-based products include:

Ovarian Cancer

Ovarian cancer diagnoses have been linked to both talcum powder contaminated with asbestos and non-contaminated talc. With regard to non-contaminated talc, DrugWatch reports that Dr. Daniel Cramer, a researcher at Harvard University, as concluded that “research ‘convincingly’ shows that when a woman applies talcum powder to her genital area, small particles migrate up the vaginal canal and travel to the ovaries. The particles can remain there for years, causing chronic inflammation that leads to cancer.”

Lung Cancer

Talcum powder exposure presents similar risks for lung cancer. Since lung cancer can affect both men and women, it is significantly more common than ovarian cancer. The effects of lung cancer can vary widely from patient to patient depending on how soon the disease is diagnosed, among other factors. The American Cancer Society states that the five-year survival rate for localized lung cancer is 65 percent. However, this drops to just 9 percent once a patient’s cancer has spread beyond the chest cavity.

Mesothelioma

Of course, one of the most prevalent risks associated with asbestos exposure—and thus exposure to contaminated talcum powder—is mesothelioma. As also reported by DrugWatch, “A 2014 study in the International Journal of Occupational and Environmental Health concluded that historic talcum powder exposure was a ‘causative factor’ in mesothelioma in women. . . . Laboratory testing of 50 samples of [a specific] brand of powder produced over five decades showed it contained asbestos.” Mesothelioma is a common diagnosis among men exposed to asbestos as well.

While these are among the most prevalent risks identified in talc powder lawsuit, these are by no means the only potential adverse outcomes of exposure to (or inhalation or ingestion of) talc. People who are exposed to talcum powder may experience a variety of other serious health effects as well, including endometrial cancer, pneumonia, and pulmonary talcosis, among others.

At this point, you may be wondering if there are alternatives to using talcum powder-based products. An article published in Time last year that examined whether cornstarch was safer than talcum powder ultimately concluded that, “‘If you have to choose between the two,” cornstarch is likely the better option . . . . ‘But in general it’s better to avoid all of them’ due to respiratory concerns.” An article on DrugWatch discusses some other alternatives, including some specific brands of products that the publication says are generally safe for use. Of course, if you have questions related to your or a loved one’s health, it is always best to consult with your physician.

Understanding Individuals and Families’ Legal Rights

In this same vein, if you have questions about your legal rights, you should consult with a lawyer. In this case, you should specifically consult with a lawyer who is handling talcum powder lawsuits.

The ongoing talcum powder litigation against Johnson & Johnson is unique from many other product-related lawsuits in that it is not a class action proceeding. Instead, plaintiffs are seeking just compensation in MDL, which is essentially a consolidated proceeding involving numerous individual lawsuits—ranging from dozens to thousands depending on the nature of the case. In this case, Johnson & Johnson is facing tens of thousands of lawsuits filed by individuals and families across the United States.

Why is this significant? In a class action, participating plaintiffs generally receive a small percentage of an overall settlement if the lawsuit is successful. As a result, individual compensation awards are typically fairly small as well. However, in MDL, each plaintiff has the opportunity to seek full compensation for its specific losses. Since cancers and other serious health conditions caused by talcum powder exposure can be life-altering, if not life-threatening, individual plaintiffs’ claims are substantial in many cases.

According to recent news reports, Johnson & Johnson has set aside somewhere in the range of $9 billion to cover settlements related to its pending talcum powder lawsuits. While the pending MDL may eventually result in a “global settlement,” individual plaintiffs will have the option to participate or not. Those who choose not to participate will be able to continue pursuing their lawsuits against the company. Likewise, any settlement reached with respect to pending talc claims will not impact other individuals and families’ ability to come forward in the future.

However, one factor that may come into play is the statute of limitations. All talcum powder-related claims are subject to statutes of limitations at the state level. Once the statute of limitations for an individual or family’s claim expires, seeking just compensation is no longer an option. This is one reason, among many, why it is best to speak with a lawyer as soon as possible.