The United States Supreme Court rejected an appeal from Johnson & Johnson in a massive talc cancer verdict. The manufacturer appealed a verdict of $2.1 billion in damages favoring a group of women who developed ovarian cancer.
The Supreme Court chose not to hear the case, which effectively kills any hope for an appeal. Johnson & Johnson’s Baby Powder is a talc product linked to asbestos exposure, which can cause ovarian cancer along with mesothelioma. Johnson & Johnson faces thousands of lawsuits and legal claims that its baby powder is unsafe.
The Supreme Court’s decision should not undo the legal tide against Johnson & Johnson. Talc and asbestos are cohabitating, natural minerals that frequently mix together during mining. After decades of marketing Johnson & Johnson Baby Powder to Americans, the company may be responsible for thousands of cancer cases.
While the Supreme Court ruling involved ovarian cancer, many victims with mesothelioma can trace their only known asbestos exposure back to Johnson & Johnson talc products.
According to a CNBC report, Justices Samuel Alito and Brett Kavanaugh recused themselves from the court’s consideration.
Johnson & Johnson stopped the production and sale of talc baby powder in the United States and Canada. The reason was dropping demand for the product due to increasing lawsuits and what the company called “misinformation.” However, talc products are known to include asbestos. A study revealed up to 15% of talc samples had detectable loose fibers.
The lawyer for the plaintiff group in this case wrote Johnson & Johnson knew “for decades” its talc products contained asbestos. He added the company could have switched to cornstarch “as early as 1973” but kept talc as an ingredient due to being cheaper.
Johnson & Johnson maintains its talc products are safe despite a mountain of lawsuits and a growing number of verdicts favoring victims.
Sources & Author
- Supreme Court rejects Johnson & Johnson’s appeal of $2 billion penalty in baby powder cancer case. CNBC. Retrieved from: https://www.cnbc.com/2021/06/01/supreme-court-rejects-johnson-johnsons-appeal-of-2-billion-baby-powder-penalty.html. Accessed: 06/02/2021.
Sources & Author