Talcum Powder Lawsuit Update February 2023 (2024)

Plaintiffs in all 50 states are claiming that baby powder manufacturers knew about the presence of asbestos in products containing talcum powder, which could cause mesothelioma and ovarian cancer, but failed to warn consumers of the risk.

Why Is Talc Dangerous?

Both talc and asbestos are naturally-occuring minerals, often mined alongside one another. While talc is used in a number of cosmetic products, including baby powder, makeup and more, asbestos is a known carcinogen and has been linked to serious health issues.

The presence of asbestos in talc-containing products has become public only within the last few years, but has created a significant product liability issue for manufacturers. Though only a small percentage of talc products screened positive for asbestos contamination, and there is no consistent link between talc products and asbestos, the fact that any asbestos was detectable in any cosmetic talc products raises legitimate concerns.

There is no known safe level of exposure to asbestos, and consumers would not reasonably expect cosmetic products, such as baby powder, to contain asbestos. In addition to neglecting to label talc products with a health warning, claims have also argued that manufacturers have not done an adequate job of screening their talc products for asbestos.

Talc and Cancer

Most of the lawsuits over talcum powder allege talc cosmetic products, such as baby powder, are linked to the development of ovarian cancer due to asbestos contamination. Litigation also includes lawsuits claiming talc-cancer links to fallopian tube cancer and peritoneal cancer.

There is also ongoing talcum powder litigation that claims industrial or cosmetic talc exposure contributed to the development of mesothelioma, for which asbestos is the main cause. Plaintiffs who filed mesothelioma claims argue the inhalation of talcum powder resulted in their development of mesothelioma and lung disease.

However, a number of lawsuits also argue that, with or without asbestos contamination, talc exposure poses significant health risks and can still lead to the disease.

Manufacturers, distributors, brands and retailers of talcum powder have faced tens of thousands of lawsuits over their talc products, and recent settlements and jury verdicts have awarded billions of dollars to plaintiffs. Litigation is ongoing.

Johnson & Johnson is one of the many companies that has faced lawsuits over asbestos-contaminated talcum powder, especially in its baby powder products. In October 2019, the U.S. Food and Drug Administration (FDA) completed a year-long study of talc-containing cosmetic products. After detecting asbestos in several of the products, the FDA worked with manufacturers, including J&J, on recalls of some of the products that contained traces of asbestos. Later in that same month, J&J recalled a single lot of Johnson’s Baby Powder.

By April 2020, J&J was named in thousands of lawsuits alleging a link between the company’s talc products and cancer diagnoses, leading the company to announce it would no longer sell talc-based Johnson’s Baby Powder product in the U.S. or Canada. As of July 2022, J&J had nearly 38,000 cases related to asbestos in talc products and had paid approximately $4 billion in settlements, verdicts and defense costs.

In August 2022, J&J stated it would pull all talcum powder products off the global market in 2023, replacing talc with cornstarch.

People who used talc-containing products developed ovarian cancer or mesothelioma may be eligible to file a talcum powder lawsuit.

In ovarian cancer lawsuits, women must have used talc-containing products around the general cancer area almost daily, usually for four or more years, before developing ovarian cancer. You must also have been diagnosed with ovarian cancer or mesothelioma after the year 2000 and while between the ages of 22 and 65.

In talc-cancer lawsuits for mesothelioma, the talc products used by the plaintiff can be cosmetic, such as baby powder, or include exposure to industrial-grade talc, such as clay, paper, paint, ceramics, adhesive materials, crayons, supplements and more.

Cornstarch-based baby powders do not contain talc, so users of these products are therefore not eligible for a talc-cancer lawsuit.

As with all lawsuits that link a health condition to a product or manufacturer liability, it is extremely important that the plaintiff secures a clear diagnosis of their health condition from a licensed healthcare professional. Evidence connecting the cause of the health issue to the talc-containing product(s) used is critical during the discovery phase of litigation.

If you have developed cancer after using talc-containing products, consult a lawyer to evaluate your individual claim and determine if you qualify to file a talcum powder lawsuit. A qualified attorney can help you file a talc-cancer lawsuit while you have the legal right to do so and preserve your interests as you navigate the litigation process.

How Long Do I Have to File a Baby Powder Lawsuit?

Each state has a statute of limitations, which determines how long you have to file a lawsuit from the date of the incident. Baby powder and talc-cancer lawsuits are product liability cases, for which the statutes in most states run from two to 10 years. The majority of states have two-year statutes.

The start of this time limit depends on the individual case, but may either be the date of a cancer diagnosis or the date you learned your ovarian cancer or mesothelioma diagnosis may be linked to talcum powder products.

In some instances, family members may file a wrongful death claim for the loss of a loved one as a result of talc-linked ovarian cancer or mesothelioma. Generally, the statute of limitations for these lawsuits average two years.

A lawyer can determine the correct time frame for each case based on the facts of the claim and the state in which a lawsuit may be filed.

Can I Join a Baby Powder Class Action Lawsuit?

Most product liability lawsuits are individual cases, but there have also been some class action lawsuits. Some claims have also been consolidated into multi-district litigation (MDL) cases.

An attorney can review your claim and advise the best legal options based on the facts of your case, precedent and what litigation is active at the time you file a lawsuit.

Manufacturers, distributors, brands and retailers of talcum powder have all been named and successfully sued in lawsuits.

Talc product companies named in lawsuits include:

• Johnson & Johnson
• Colgate-Palmolive
• Imerys Talc North America
• Whittaker, Clark & Daniels
• Vanderbilt Minerals

Talc-containing products implicated in ovarian cancer lawsuits include the following:

• Johnson’s Baby Powder
• Shower to Shower
• Gold Bond No Mess Powder Spray
• Gold Bond Body Powder
• Gold Bond Extra Strength Body Powder
• Old Spice powder

Suppliers of talcum powder, as well as retailers including Target, Walmart, CVS and Walgreens, have all been successfully sued.

Product liability lawsuits for talc products can take months or even years, but will vary greatly depending on the facts of your case and the litigation strategy of your legal team. While some cases may resolve in just one year, other claims will take several years to resolve.

Timeline of a Talcum Powder Lawsuit

Most talc-asbestos lawsuits are product liability cases, in which the plaintiff seeks to hold the manufacturer or other defendant liable for health problems resulting from their unreasonably dangerous or defective product.

These complex cases often require a lengthy discovery phase to collect all evidence, including a complete diagnosis of the plaintiff’s health problems from the talc-based product, asbestos-tainted baby powder or other product, as well as a full picture of their losses, including current and future medical treatment, lost wages or diminished earning capacity, physical and mental pain and suffering and beyond.

A major variable in the amount of time a talc-asbestos lawsuit goes on is how quickly the plaintiff agrees to a settlement amount presented by the defendant. A settlement can happen at any time during a lawsuit, including pre-trial and during trial. Accepting a settlement too early in the case may result in unfair and incomplete compensation for damages accrued.

An attorney can evaluate whether and when to accept a settlement throughout the litigation process, or determine that the case needs to go to trial with the expectation of a verdict in their client’s favor.

Thousands of lawsuits with different plaintiffs and defendants have resulted in billions awarded in settlements overall for talc-asbestos lawsuits. Settlements have varied in amounts, from thousands to millions of dollars to each individual plaintiff.

The facts of each individual case will determine how much a lawsuit settlement might be worth.