Talc Lawsuits May Proceed

Even as Johnson & Johnson engages in the search for a coronavirus cure, the drug and personal care product company is in for a fight after a ruling by a New Jersey judge that will allow thousands of plaintiffs who say that Johnson & Johnson's baby powder and talc products caused cancer to go forward with their claims. However, US District Judge Freda Wolfson ruled that there will be limits on expert testimony. J&J faces more than 16,000 talc-related lawsuits in the US; plaintiffs allege that the company's talc products are contaminated with asbestos and can cause ovarian cancer.

In a statement, J&J said ithat Monday's decision “is not a determination by the court on the validity of the plaintiff's allegations.”


It added that all verdicts against the company in talc lawsuits that had gone through the appeals process have been overturned. J&J denies that its talc causes cancer, saying numerous studies and tests by regulators worldwide have shown its talc to be safe and asbestos-free.


Wolfson's ruling will allow plaintiffs to present expert testimony that talc could be contaminated with asbestos, but prevents them from presenting expert testimony that talc itself causes cancer. Wolfson also ruled that the plaintiffs' experts cannot testify that inhaling talc can travel to the ovaries if inhaled, though they may say that it can reach the ovaries when used vaginally. In so-called multidistrict litigations like the one before Wolfson, in which thousands of lawsuits are consolidated, a handful of cases are designated for early “bellwether” trials, which can help determine the strength of each side's case and aid in settlement. Testimony in such cases typically relies heavily on experts.