J&J and Kenvue Ordered to Pay $45M in Talcum Lawsuit

An Illinois court has ordered pharmaceutical giant Johnson & Johnson and Kenvue to pay $45 million to a family. They alleged that the companies’ talcum-based baby powder led to the death of a relative diagnosed with a fatal cancer linked to asbestos exposure. Theresa Garcia died in July 2020 after being diagnosed with mesothelioma, a cancer frequently connected to asbestos exposure. Her family filed a lawsuit alleging that Garcia’s frequent use of the companies’ talcum-based baby powder led to her diagnosis. The jury found that Kenvue was responsible for 70% of the issues that led to Garcia’s death, while Johnson & Johnson and another unit were responsible for the remaining 30%.

J&J’s Worldwide Vice President of Litigation Erik Haas said the company plans to appeal Friday’s ruling immediately and expects to be successful. Johnson & Johnson won a similar lawsuit in a Florida court Thursday, after a jury decided the company’s baby powder did not lead to the ovarian cancer diagnosis of Patricia Matthey, who used the powder daily and died in 2019 after being diagnosed with the cancer in 2016.

Johnson & Johnson has maintained that its talc-based baby powder does not contain asbestos nor does it cause cancer. The company announced in August 2022 it would swap out the substance with cornstarch in products globally beginning in 2023. It previously announced the discontinuation of its talc-based products in North America in 2020, citing declining sales. The Justice Department opened a probe into the products in July 2019, investigating what the company knew about the risk of cancer. Amid thousands of lawsuits over allegations of talc-induced health problems, Johnson & Johnson filed for bankruptcy twice, in October 2021 and April 2023. As part of one of the filings, the company proposed an $8.9 billion settlement last April to resolve the claims brought by thousands of plaintiffs, but the plan was ultimately rejected by a judge in July.

More than 50,000 lawsuits were facing the pharmaceutical giant over the talcum-based baby powder as of December 2023, according to Reuters. In January, Johnson & Johnson reportedly entered a tentative agreement that involved the company paying $700 million for the marketing of its talcum baby powder after an investigation from more than 400 states and thousands of lawsuits.