Tackling Talc: Inside the Legal Battle Against Johnson & Johnson's Talcum Powder Products

The ongoing Talc Mass Tort litigation against Johnson & Johnson (J&J), involving allegations that their talcum powder products cause cancer, has reached several pivotal developments this year. As of May 2024, there are over 53,000 pending lawsuits consolidated in a multidistrict litigation (MDL) overseen by U.S. District Judge Michael A. Shipp in New Jersey. The sheer volume of cases makes this the second-largest mass tort MDL in the country.

J&J has proposed a significant $6.48 billion settlement to resolve claims that its talcum powder products caused ovarian cancer, spread out over 25 years. This proposal, however, hinges on the acceptance of 75% of the plaintiffs within 90 days and does not address mesothelioma claims. This settlement effort comes after previous attempts to resolve the litigation through bankruptcy proceedings were unsuccessful, with a bankruptcy judge denying J&J's subsidiary LTL Management's filing as part of this strategy.

Complicating the settlement efforts are the ongoing trials and scientific debates over the presence of asbestos in J&J's talcum powder and its carcinogenic potential. Recent court actions have mandated a reevaluation of expert testimonies regarding the link between talcum powder and cancer due to new scientific developments and changes to the Federal Rule of Evidence 702. This reevaluation could significantly impact the proceedings by either bolstering or weakening the plaintiffs' position.

As J&J navigates this complex legal landscape, the outcomes of these trials and the acceptance of the proposed settlement will critically influence the future of the litigation. Both sides are preparing for a lengthy process as these legal and scientific debates continue to unfold​.