Johnson & Johnson Under Fire Again as Legal Action Over Alleged Talc-Cancer Link Moves to the UK
In a major legal challenge, 3,500 claimants are preparing to sue Johnson & Johnson (J&J) in the UK over allegations that its talcum powder products caused cancer due to asbestos contamination. The lawsuit, set to be one of the largest pharmaceutical group actions in English and Welsh legal history, claims that J&J knowingly sold hazardous talc-based products, putting consumers at serious risk.
Bringing the Talc Lawsuit to the UK After Years of US Litigation
The legal firm KP Law, leading the case, asserts that J&J became aware as early as the 1970s that its talc contained asbestos but failed to issue warnings. Despite these concerns, the company continued selling the products in the UK until 2022. Lawyers expect to file the claim this month at the high court in London.
The number of UK claimants has grown rapidly from 1,900 in November to 3,500, with most cases involving ovarian cancer, while others involve mesothelioma and peritoneal cancer. J&J has long faced similar lawsuits in the US, where it denies any link between talc and cancer. While the company has offered billions of dollars to settle nearly 60,000 US cases, it maintains that its products are safe. This lawsuit marks the first time the company will confront these allegations in a British court.
“All our clients have suffered devastating consequences after using J&J’s talcum powder products,” said Tom Longstaff, a partner at KP Law. “Some have tragically lost their lives, leaving families grieving their loss. They all deserve accountability and justice.” He added, “There has already been substantial US litigation over the past several years, and we are now bringing the claim in the UK for the first time.”
WHO Labels Mineral Talc ‘Probably Carcinogenic,’ Whilst J&J Defends Product as Asbestos-Free and Cancer-Free
Kenvue, the J&J spin-off now handling talc-related claims outside the US and Canada, responded to the legal action by reaffirming its position. “We deeply sympathise with individuals affected by cancer and understand their search for answers,” a company spokesperson said. “However, rigorous scientific research consistently demonstrates that our talc-based powder does not cause cancer.”
The company also accused lawyers of capitalising on fear. “For years, legal teams in the US have spread misinformation about talc, despite its long-standing safe use in food, cosmetics, pharmaceuticals, and other consumer goods. It is clear that similar tactics are now being employed in the UK to exploit vulnerable patients and their families.”
J&J continues to stand behind the safety of its talc-based products. “Decades of research by leading medical institutions in the UK and globally, using the most advanced testing methods, confirm that our product is asbestos-free and does not cause cancer,” the spokesperson added.
However, in July last year, the World Health Organization (WHO) concluded that mineral talc is “probably carcinogenic for humans,” shifting the focus of group action from asbestos contamination to the talc itself.
Talc, widely used in cosmetics, often contains asbestos due to natural mineral formations. The International Agency for Research on Cancer classifies asbestos-contaminated talc as carcinogenic. J&J talc lawsuits allege the company’s products caused mesothelioma, ovarian cancer, lung cancer, stomach cancer, and uterine cancer.
J&J has settled 95% of mesothelioma cases, with payouts ranging from $1 million to $1.4 million per claim. The company denies any health risks but discontinued its talc-based baby powder in 2023, switching to cornstarch alternatives.
The Scope of Talc-Related Lawsuits and Settlements
More than 62,000 talc lawsuits have been filed, with 99% involving ovarian cancer claims. In May 2024, J&J proposed a multibillion-dollar settlement and allowed victims three months to vote. Over 75% of claimants supported the offer, increasing the likelihood of court approval. However, government agencies remain concerned about potential financial losses from unpaid medical reimbursements.
J&J has set aside over $10 billion for talc-related payouts, including:
- $8 billion for ovarian cancer claims.
- $45 million for the family of a mesothelioma victim.
- $2.12 billion awarded to 22 women linking ovarian cancer to asbestos in J&J’s talc products.
J&J has faced allegations of concealing asbestos risks for decades. Internal safety studies were reportedly halted, and the company continued selling talc-based products despite warnings.
- October 2019: The FDA detected asbestos in J&J’s baby powder. The company disputed the findings but recalled thousands of bottles.
- February 2021: J&J allocated $3.9 billion for talc lawsuit settlements.
- July 2021: A court ordered J&J to pay $2.12 billion to 22 women with ovarian cancer.
- October 2021: J&J attempted to push 38,000 lawsuits to bankruptcy court. An appeals court blocked the move.
- April 2023: J&J proposed a $9 billion settlement, which the court rejected as too low.
- June 2024: J&J was ordered to pay $260 million to an Oregon woman with mesothelioma. The verdict was later overturned.
- July 2024: The Supreme Court blocked J&J’s second bankruptcy attempt.
- August 2024: J&J secured 75% plaintiff approval for their new bankruptcy plan.
- September 2024: The company’s subsidiary filed for bankruptcy a third time, increasing the talc settlement offer to $8 billion.
U.S. Agencies Continue to Scrutinize J&J’s Multi-Billion Dollar Talc Settlement and Texas Two-Step Strategy
Despite widespread support for the settlement in the US, a court ruling in February will determine if J&J’s plan can proceed, with several government agencies continuing to challenge J&J’s talc bankruptcy plan in the country. J&J proposed $8 billion talc settlement faces opposition from the Department of Health and Human Services (HHS) and the Department of Veterans Affairs (VA). These agencies argue that the settlement could prevent them from recovering costs related to talc-related healthcare expenses. The plan, part of J&J’s third bankruptcy attempt, would compensate current and future ovarian cancer victims over 25 years. However, court approval is still pending.
If approved, claimants cannot opt out and pursue individual lawsuits. J&J’s prior bankruptcy attempts were blocked, with judges ruling the company was not in financial distress. Critics argue the latest offer remains insufficient for affected victims. Meanwhile, J&J continues to defend its talc products, insisting they are safe.
J&J’s legal maneuver, known as the Texas two-step, remains controversial. The company created a subsidiary, Red River Talc LLC, to absorb talc-related liabilities. This subsidiary then filed for bankruptcy, shielding J&J from direct lawsuits.
Critics say this strategy allows J&J to evade accountability while limiting compensation. Many attorneys argue the $8 billion settlement does not adequately cover the damage caused. Additionally, federal agencies claim the move violates bankruptcy laws since J&J remains financially stable.
©www.geneonline.com All rights reserved. Collaborate with us: [email protected]