Johnson & Johnson Talcum Powder Litigation: A $4.7 Billion Verdict and Its Aftermath
In 2018, a Missouri jury delivered a landmark verdict in the Johnson & Johnson (J&J) talcum powder litigation, awarding $4.7 billion to 22 women who alleged that the company’s talc-based products caused their ovarian cancer. This verdict, one of the largest product liability awards in U.S. history, sent shockwaves through the legal and corporate worlds, highlighting the potential risks associated with talc-based products and raising serious questions about J&J’s knowledge and handling of these risks. But where does the litigation stand now, years later?
The Allegations: A Link Between Talc and Cancer
The core of the talcum powder lawsuits against Johnson & Johnson revolves around allegations that prolonged use of talcum powder, the active ingredient in products like Baby Powder and Shower to Shower, can lead to ovarian cancer in some women. Plaintiffs further contend that J&J knew about the potential risks associated with talc, particularly the possibility of asbestos contamination, yet failed to adequately warn consumers.
A Reuters investigation in 2018 uncovered internal reports suggesting that J&J was aware as early as 1957 of asbestos contamination in its talc. Despite this knowledge, the company allegedly continued to sell the product without providing sufficient warnings. This revelation fueled public outrage and intensified legal scrutiny.
The 2018 Verdict: A Momentous Decision
The $4.7 billion verdict in 2018 was a watershed moment in the talcum powder litigation. The Missouri jury found J&J liable for the plaintiffs’ ovarian cancer, awarding them $550 million in compensatory damages and $4.14 billion in punitive damages. This decision underscored the jury’s belief that J&J had acted with negligence and disregard for consumer safety.
However, it’s important to note that this initial verdict was later reduced to $2.1 billion on appeal. While still a substantial amount, the reduction reflects the complexities and challenges inherent in mass tort litigation.
The “Texas Two-Step” and Bankruptcy Attempts: A Contentious Strategy
Faced with a growing number of lawsuits, J&J pursued a controversial legal strategy known as the “Texas two-step.” This involved creating a subsidiary, LTL Management LLC, to absorb all talc-related liabilities, and then filing for Chapter 11 bankruptcy for the subsidiary. The goal was to consolidate all claims into bankruptcy court and potentially reach a global settlement.
This strategy was met with fierce opposition from plaintiffs, who argued that J&J, a financially healthy company, was abusing bankruptcy laws to shield itself from accountability. Critics argued that this tactic unfairly limited victims’ rights and allowed J&J to avoid full accountability.
J&J has faced multiple setbacks in its attempts to resolve the talc litigation through bankruptcy. Most recently, in April 2025, a U.S. bankruptcy judge rejected J&J’s $10 billion baby powder settlement proposal, marking the third time the company’s bankruptcy strategy has failed in court. The judge cited concerns about unfair legal protections, voting issues, and justice for all claimants.
Where Does the Litigation Stand Today?
As of March 2025, the multidistrict litigation (MDL) remains largely frozen, with over 58,000 pending cases. However, with the failure of J&J’s latest bankruptcy attempt, litigation is expected to resume in earnest.
J&J maintains that its talc products are safe and do not cause cancer. However, the company has stopped selling talc-based baby powder in North America in 2020 and announced plans to end global sales of the product in 2023, transitioning to a cornstarch-based formula.
Navigating the Complexities: What to Consider
The Johnson & Johnson talcum powder litigation is a complex and evolving legal landscape. Here are some key considerations:
- The Science: The link between talc and cancer remains a subject of scientific debate. While some studies have suggested a possible increase in ovarian cancer risk with genital talc use, others have not found a conclusive link.
- Asbestos Contamination: A central issue in many of the lawsuits is the allegation that J&J’s talc products were contaminated with asbestos, a known carcinogen.
- Legal Strategies: J&J’s use of the “Texas two-step” bankruptcy strategy has been highly controversial and has faced significant legal challenges.
- Settlement Options: J&J has proposed various settlement plans to resolve the talc litigation, but these proposals have been met with mixed reactions from plaintiffs and have faced court scrutiny.
Seeking Legal Advice: Protecting Your Rights
If you or a loved one has been diagnosed with ovarian cancer or mesothelioma after using Johnson & Johnson’s talcum powder products, it is crucial to seek legal advice from an experienced attorney. A lawyer can help you understand your legal rights, evaluate your options, and navigate the complexities of the talcum powder litigation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation.