Talcum Powder Cancer Lawsuits

Talc is a naturally-occurring mineral that is used in a number of products, including makeup, cosmetics, and baby powder. Talc is often mined alongside (and can contain traces of) asbestos, another naturally-occurring mineral, but one that's a known carcinogen. Once used in a wide range of products, for decades asbestos has been linked to the development of mesothelioma (a form of cancer) and other serious illnesses.

2019 FDA Study Finds Asbestos In Cosmetic Products

In October 2019, the U.S. Food and Drug Administration (FDA) reported that, after a year-long study of talc-containing cosmetic products, 43 samples came back negative for asbestos, but nine were positive. The agency then worked with a number of manufacturers on recalls of some of the asbestos-containing products, including Johnson & Johnson, which ended up recalling a single lot of its popular Johnson's Baby Powder later that month.

In April of 2020, already facing thousands of lawsuits alleging a link between its talc products and cancer diagnoses, J&J announced that it would no longer sell its talc-based Johnson's Baby Powder product in the U.S. or Canada. By August 2022, that strategy had grown into a global one, with the company announcing that sales of all talc baby powder products would end worldwide in 2023, to be replaced with cornstarch products.

These weren't the first headlines linking J&J products to asbestos. According to a 2018 investigative report by Reuters, the company may have known about the presence of asbestos in its talc products for decades, with company documents and sworn testimony indicating that both raw talc used by the company and certain finished products tested positive for low levels of asbestos over the years.

Beyond baby powder, a November 2020 lab test of talc-based cosmetics by the Environmental Working Group found that almost 15 percent of the products sampled contained asbestos. According to an EWG news release, the cosmetics industry in general is doing an inadequate job of screening its supplies of talc.

One key here is that there is no known safe level of exposure when it comes to asbestos. So the presence of any amount of asbestos in baby powder or any other cosmetic product raises legitimate health concerns, and nudges open the door to liability on the part of manufacturers like Johnson & Johnson. That's especially true when a consumer probably wouldn't reasonably expect cosmetic products to contain asbestos. We're not talking about brake pads and commercial insulation, after all.

Do Talc Products Really Cause Cancer?

Asbestos has been linked to cancers like mesothelioma for decades, especially in individuals whose employment history includes years spent working with or around the product. The presence of asbestos in talc products has come to light only relatively recently, but most of the lawsuits over talc in cosmetic products (especially those cases filed over the safety of Johnson's Baby Powder) allege a link between use of the product and the development of ovarian cancer. But what does the science say?

2024 Study Finds Link Between Talcum Powder Use and Ovarian Cancer

There's a positive association between the use of talc on female genitals and the development of ovarian cancer, according to a study published in the Journal of Clinical Oncology in May 2024. The study "examined the association between intimate care products and female hormone–related cancers" in more than 50,000 women, and found that the risk of cancer grew stronger as use of talc became more frequent, or continued over longer stretches of time.

Regardless of the particulars of your use of a talcum powder-based cosmetic product, if you're experiencing unusual symptoms or have concerns about a potential health issue, contact your doctor rather than trying to self-diagnose via this (or any) online resource.

Symptoms of ovarian cancer aren't readily noticeable, and even the known warning signs are often attributable to some other cause. The following symptoms could indicate ovarian cancer, but they might also point to any number of other conditions, or they could mean nothing serious at all from a health perspective:

• bloating or stomach swelling
• pain in belly or pelvis
• lack of appetite or feeling full quickly
• continuing urge to urinate, or frequent urination
• fatigue
• back pain
• pain during sex
• heartburn
• upset stomach
• constipation
• unusual vaginal bleeding or discharge
• unusual weight loss.

Keep in mind that lawsuits over the safety of talc products have also been brought by plaintiffs who have been diagnosed with fallopian tube cancer, peritoneal cancer, and mesothelioma as well.

Does Talcum Powder Itself Pose a Health Risk?

Whether or not it contains asbestos, talc, on its own, could cause health problems. In much the same way that years of working with or around asbestos could lead to mesothelioma, employees who mine or process talc (and who may inhale talc particulates) could be at risk of developing lung cancer and other illnesses. Similar health risks could extend to consumers after frequent use of a talc-based product over years or decades.

Who Qualifies to File a Talc-Cancer Lawsuit?

Filing a personal injury lawsuit against the manufacturer or seller of a talc-based product like baby powder means being able to demonstrate that you've developed an illness (like ovarian cancer) that might be attributable to your use of the product, usually over an extended period of time (that typically means years, not weeks).

The mere fact that you've used baby powder or a similar product (or that you have a bottle of it in your medicine cabinet) isn't enough to file an injury/illness lawsuit against a company like Johnson & Johnson. It's also not enough to sue over the company's failure to warn consumers of potential health risks linked to use of the product. These cases require measurable harm, and it all starts with an accurate diagnosis.

Diagnosis of a talc-related illness like ovarian cancer goes straight to the nature and extent of your losses ("damages" in legalese). The plaintiff in a talc-cancer case almost always experiences both "economic" damages (including the cost of past and future medical treatment, lost income, and other quantifiable losses) and "noneconomic" damages such as "pain and suffering" and similar, more subjective impacts related to their health problems.

A lawsuit alleging illness caused by a talc product will almost certainly be based on a personal injury fault theory known as "product liability," which can be used to hold manufacturers responsible for injuries and illnesses linked to a defective or unsafe product, or for failure to warn consumers of risks associated with the product's use. (Learn more about proving a product liability case.)

What If It's Been Years Since I Last Used a Talcum Powder Product?

With any lawsuit, a big first consideration is the case-filing deadline in your state, but in a talc-cancer case, these time limits can sometimes take center stage, at least initially.

Deadlines for filing any kind of lawsuit are set by a law called a "statute of limitations." In some states, the statute-of-limitations deadline that will apply to a talc-cancer lawsuit is the same as the one that applies to most personal injury cases. Other states have a separate statute of limitations for product liability lawsuits. Whichever statute applies, you'll typically have two to three years to get your lawsuit filed (the deadline is shorter in some states, longer in a few), but it's not always easy to figure out when the "clock" starts ticking in these kinds of cases.

A lawsuit for illness linked to a product like baby powder isn't like most other kinds of personal injury cases. If you slip and fall on a wet floor, for example, your injuries typically make themselves known right away, and there's little doubt about the cause of your harm. When you're alleging illness linked to long-term use of a product, it's nearly impossible to determine exactly when that use actually caused health problems. This is a big reason why the statute of limitations "clock" might not necessarily start running on the date of your last use of a talc-based product.

Under the "discovery rule" in most states, the clock might start only when the plaintiff discovers (or should reasonably have discovered) that they were harmed by use of a talc product like baby powder. That date might coincide with a diagnosis of a health problem linked to talc or asbestos, or the plaintiff's first experience of symptoms of such a health problem (alongside public indications that talc may be linked to those symptoms).

But keep in mind that if a significant number of years have passed between your last use of a talc product and the onset of your illness, another time limit called the "statute of repose" might prevent you from bringing a case against the product manufacturer. (Learn more about how statutes of limitations and statutes of repose work in product liability cases.)

Regardless of how long it's been since you last used a talc product, talk to an attorney for details on lawsuit-filing deadlines and how they might apply to your specific situation.

What Are the Latest Talcum Powder Lawsuit Updates?

In August 2024, Avon Products filed for Chapter 11 bankruptcy, in part to deal with its mounting liability over the sale of talc-containing cosmetic products.

In June 2024, Johnson & Johnson agreed to a $700 million settlement with 42 states and the District of Columbia. The settlement resolves allegations by the states that the company used misleading marketing tactics. Specifically, the states alleged that Johnson & Johnson failed to properly warn consumers of the risks associated with the use of its talc-based products. The company did not admit any wrongdoing as part of the settlement, but has agreed to permanently stop selling products that contain talcum powder.

Also in June 2024, J&J proposed to set up a settlement fund to pay talc-cancer claimants as part of a revised bankruptcy plan, and giving claimants until July 2024 to vote on whether or not to approve the proposal. If 75 percent vote in favor of the plan, a massive settlement (over $6 billion) could apply to nearly all current and future talc-cancer lawsuits in which the claimants allege that their use of J&J products led to ovarian cancer. This proposal is only the latest bankruptcy-related move by J&J, in an effort to contain its liability over talcum powder products.

Is There a Class Action Involving Talcum Powder Products?

There is no current class action involving claims that use of baby powder or a similar talc-product caused illness or injury. That's partly because, in a class action, one or a few individuals represent the interests of all class members, and everyone in the class is bound by the result.

With lawsuits alleging illness caused by baby powder or another talc product, even among plaintiffs who have used the same product, there's too much disparity among individual cases (in terms of variables like severity of illness and impact on the plaintiff's life and livelihood) to make a class action appropriate.

The largest single consolidation of talcum powder product claims is a federal "multidistrict litigation" (MDL) action over Johnson & Johnson products (like Johnson's Baby Powder), which includes over 50,000 lawsuits as of 2024.

The MDL (called "Johnson & Johnson Talcum Powder Litigation") is being handled in the U.S. District Court for the District of New Jersey. A few notes here:

• The MDL includes a number of cases originally filed in state court and later "removed" to the MDL, usually at Johnson & Johnson's request.
• The MDL is a consolidated group of individual cases in which the plaintiffs still largely control their own legal destinies. Your attorney will determine the best course of action for your case.

How Much Is a Talc-Cancer Case Worth?

As with all injury-related legal claims, the value of a talcum powder lawsuit will depend on the plaintiff's unique experience and circumstances, including:

• the details of the plaintiff's cancer or other talc-related health problems, including diagnosis of the nature and extent of the illness, prognosis for ongoing treatment, and prospects for a full recovery
• the impact of the illness on the plaintiff's ability to work or otherwise earn income, now and in the future
• the effects of the illness and necessary medical treatment on the plaintiff's daily life, including their ability to perform household chores, care for loved ones, enjoy activities and hobbies, etc.
• the extent of the plaintiff's pain and discomfort, and
• any mental anguish, anxiety, sleeplessness, and other negative effects of the illness and medical treatment.

(Get more tips on damages in a product liability case.)

As with all personal injury cases, most talc-cancer lawsuits will end up reaching an out-of-court settlement at some point (the vast majority won't end up in a trial, in other words). But it's not easy to predict how much a plaintiff might receive in settlement.

That's because every case is different when it comes to clarity of the defendant's liability and the spectrum of the plaintiff's damages. And comparison of settlement outcomes is usually impossible because, by their very terms, settlement agreements are almost always confidential. The plaintiff agrees to accept a certain amount of compensation to resolve their case and release the product manufacturer from any future liability over the incident, the manufacturer promises to pay the plaintiff the agreed-upon dollar amount, and both sides agree to keep the terms of the settlement private.

How Do I Find the Right Attorney for a Talc-Cancer Lawsuit?

If you're thinking about filing a lawsuit over your development of ovarian cancer or some other health problem linked to use of a talc product (like baby powder), having the right attorney can make a big difference in the outcome of your case. But how do you choose a lawyer who's right for you?

Asking for a referral from someone you know and trust can be a good way to find legal help. If someone in your inner circle has had a positive experience with a certain lawyer, it might make sense to reach out to that lawyer as a first step. Even if the lawyer doesn't handle product liability cases against big companies like Johnson & Johnson, they may be able to refer you to a qualified lawyer in their network.

State bar associations usually have websites that allow you to research lawyers and find out the kinds of cases in which they specialize, and whether they've been subject to any discipline. And online resources like Nolo let you connect with lawyers via chat and information submission features, or just put together an initial list of candidates you might want to get in touch with.

What Questions Should I Ask a Talc-Cancer Lawyer?

Whether you talk to a lawyer in person, over the phone, or online, here are some topics you might want to ask about:

• How long has the lawyer been practicing?
• How much of the lawyer's practice is devoted to personal injury cases? Does the lawyer have experience with defective products cases in general, or with claims over the safety of talc-based products in particular? Lawyers who specialize in these kinds of lawsuits will know the ins and outs of product liability law, and are often accustomed to going up against large corporations like Johnson & Johnson (and the big legal teams that defend them).
• Does the lawyer typically represent plaintiffs? You probably don't want to be represented by someone whose sole focus is on defending personal injury lawsuits. Advocating for plaintiffs who have been hurt is much different from helping a client avoid liability at all costs. (Past experience on the other side can actually be a plus, however.)
• Would the lawyer personally handle your case, or might it be passed to another—perhaps less experienced—associate? It's normal for attorneys, paralegals, and others in the same firm to work on the same case, but you may want to know who would have primary responsibility for your lawsuit, and whom you would be dealing with directly. (Learn about working with a lawyer on an injury-related case.)
• Will the lawyer work under a contingency fee agreement? If so, what's the percentage the lawyer will receive? Does the lawyer's share of any compensation increase as the case progresses (under what's known as a "sliding scale")? We'll discuss fees a bit more in the next section.

Remember to consider any special needs you might have, and any practicalities. Check out more questions to ask a potential personal injury attorney.

How Will My Talc-Cancer Lawyer Get Paid?

As touched on above, your talcum powder cancer lawsuit will almost certainly be handled on a "contingency fee" basis. This means if your case settles, or you receive a verdict in your favor after a civil trial, your lawyer receives an agreed-upon percentage of your compensation. A standard contingency fee agreement in an injury case sees the lawyer receiving one-third of the plaintiff's compensation, but especially in more complex kinds of litigation like talcum powder cancer lawsuits, the lawyer's percentage might increase as the case progresses. If the client receives nothing from the defendant, the lawyer doesn't receive compensation for their legal services.

Always read the fine print of any attorney-client agreement before signing, especially when it comes to who is on the hook for case expenses or "costs", and when (whether the deduction of costs will come before or after the attorney takes their percentage of a settlement or judgment, for example).

Even if you think you have a good case, be prepared for a lawyer to turn down the opportunity to represent you. Many lawyers do not take cases if they fall below a certain potential recovery amount, or if a key element of the case is less than clear. Maybe you have a long history of using baby powder or a similar product, but haven't received a diagnosis of a specific health problem, for example. Be prepared to keep looking for help with your case, or to look again as your situation changes. (Get more tips on getting help from an injury lawyer.)