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A Florida state judge declared a mistrial due to the jurors' inability to reach a consensus on whether Johnson & Johnson's Talcum Powder was responsible for the ovarian cancer that led to the death of a Miami woman after decades of exposure. The judge indicated that the case will be reset for trial. This was the first ovarian cancer talc trial since 2021, following the rejection of their second bankruptcy.

Johnson & Johnson has come to a tentative agreement to pay ~ $700 million to settle claims from 40+ U.S. states that it wrongfully marketed its talc-based baby powder products by not disclosing their potential health risks.

Important to note this agreement won’t have a direct impact on personal claims for injuries like ovarian cancer. We don’t yet know what those 40+ states will do with the settlement money or if it will benefit claimants.

Pressure is mounting on Johnson & Johnson. The company’s shareholders have accused J&J of fraudulently concealing that its talc products were contaminated with asbestos, a known carcinogen. A federal judge has just ruled the shareholders can pursue a class action against J&J.

During their earnings call, Johnson & Johnson indicates they will continue spending resources to delay litigation (and by extension, payments to ovarian cancer claimants) rather than resolving these cases.  J&J announced a settlement with some mesothelioma claimants (not ovarian cancer claimants) and said it would pursue a bankruptcy strategy for those with ovarian cancer.

Johnson & Johnson’s second attempt to use bankruptcy as a means to avoid paying claimants has been thwarted. The District of New Jersey bankruptcy court overseeing the case rejected J&J’s request, marking a significant turning point in litigation. This decision will prevent J&J from shielding itself from the true cost of the harm caused by its talcum powder products. There seems to be two possible paths forward for J&J:

Path 1: Re-file for bankruptcy for a third time. This is J&J's preferred path, involving a commitment to settle current claims and fund a trust for future claimants. However, the courts have rejected previous bankruptcy plans, and J&J will struggle to get the required approval from 75% of injured plaintiffs.

Path 2: Litigation within the courts. With the dismissal of the second bankruptcy case, litigation can move forward, and new cases can be filed against J&J. Litigation is mostly consolidated in New Jersey Federal Court with the first trial expected to take place towards the end of 2024.

Unsealed court documents from the 1970s reveal Johnson & Johnson cruelly and inhumanly tested talc on predominantly Black, incarcerated men to see the effects of talc and asbestos (a human carcinogen) on their skin.  This was also written about in the book Acres of Skin.

Johnson & Johnson explores the controversial “Texas Two-Step” bankruptcy as a strategy to limit talcum powder liabilities. It would allow them to funnel talc lawsuit claims to a subsidiary company (LTL Management) and file that legal entity for bankruptcy.

Johnson & Johnson announced they will stop selling talc-based baby powder in North America and finally transition to a safer, corn starch-based formula for all customers by 2023. Despite the change, they maintain they did nothing wrong with the original formula.

New Jersey Federal Court permitted experts to testify on the link between talcum powder and ovarian cancer/mesothelioma. This established general causation between talcum powder and these cancers.

FDA discovers asbestos during random sampling of J&J’s baby powder product leading to a recall of 30,000 bottles.

A Reuters report reveals Johnson & Johnson knew about potential asbestos contamination in talcum powder.

A series of verdicts unfolds against Johnson & Johnson, with substantial damages awarded to plaintiffs. This started with the JPML consolidation in New Jersey Federal Court in 2015:

2016: J&J loses a series of lawsuits in St. Louis totaling more than $200M in damages. 

2017: A California jury awards a plaintiff $417M in damages.

2020: The Missouri court of appeals upholds a $2B verdict against J&J.

2020: J&J agrees to pay $100M to settle a batch of roughly 1,000 cases.

The first lawsuits are filed against Johnson & Johnson claiming talcum powder causes ovarian cancer.

The American Cancer Society suggests potential risks of talc powder exposure, prompting legal scrutiny.

Reports and studies emerge linking talcum powder use to ovarian cancer, including research that revealed talc particles deeply embedded in ovarian cancer tumors.