J&J Announces Proposed Resolution of Ovarian Talc Litigation

Johnson & Johnson says it has reached an agreement for a “comprehensive resolution of the remaining talc litigation” with the plaintiff firms leading the federal Multi-District Litigation (MDL) and related state court proceedings. According to the health care giant, the proposal follows a favorable ruling by the MDL court, and “acknowledgment by plaintiffs’ counsel, regarding plaintiffs’ inability to prove that the company’s talc products caused any particular claimant’s ovarian cancer.”

“After decades of litigation and full vetting of the science in an extensive hearing, plaintiffs effectively conceded their inability to prove specific causation by withdrawing their experts on the topic in two bellwether cases. In a watershed moment, the Court thereafter ordered plaintiffs to show why the remaining claims should not be dismissed, confirming what we have maintained for years: that these claims lack scientific merit and were sustained only by unreliable expert opinions that could not survive rigorous judicial review,” said Erik Haas, worldwide VP of litigation, Johnson & Johnson. “The Court’s order placed plaintiffs in an untenable position of having to present specific causation evidence to maintain their claims that does not exist. While we are confident the Company would have ultimately prevailed with further litigation, as it has in the vast majority of cases tried to date, this resolution allows the Company to put this matter behind it and remain focused on its mission to develop medicines and devices that save lives.”

According to J&J, the company “has prevailed in the overwhelming majority of ovarian cases tried to date, and the proposed resolution constitutes an efficient conclusion to the litigation.

As noted on J&J’s website, the resolution:

• Requires and is conditioned on—among other criteria—the participation of lead plaintiff firms in all ovarian talc litigation pending in state and federal court, representing at least 95% of the remaining claims.
• Calls for per claim payments, with a $5.5 billion commitment by J&J and the first payment of no more than $3 billion to be made in 2027 and no additional payments due before 2028.
• Complements the progress J&J already has made to resolve the talc litigation, including previously settling about 95% of filed mesothelioma lawsuits, all State consumer protection claims, and all talc-supplier disputes.

The company also stated that the resolution ‘brings finality to a meritless 15-year litigation.”

Why J&J’s Spinoff of Kenvue Matters

Johnson & Johnson separated its consumer health business, Kenvue, in August 2023, and later sold it to Kimberly Clark, as reported by Happi. Prior to its separation, Johnson & Johnson agreed to retain all the talc-related liabilities and indemnify Kenvue for any and all costs arising from litigation in the US and Canada.

Johnson & Johnson discontinued talc-based Johnson’s Baby Powder globally in 2023. The company voluntarily discontinued the products in North America in 2020.