Ashcraft & Gerel, LLP is representing women who were diagnosed with Ovarian Cancer after using Johnson & Johnson talcum powder products.
While Johnson’s Baby Powder has been on the market for over a century, the general public is just beginning to learn about the risks associated with its use. Recent investigative reports by Reuters and The New York Times revealed that Johnson & Johnson has known for decades and concealed the fact that its baby powder increased the risk of ovarian cancer and contained harmful contaminants like asbestos and heavy metals.
The heart of talcum powder litigation against Johnson & Johnson, Imerys Talc America (miners and suppliers of talc), and the Personal Care Products Council (industry lobby for cosmetics) is in New Jersey, where a federal Multidistrict Litigation (MDL 2738) was established to oversee collective pre-trial work on over 9,000 women’s cases.
Senior Partner Michelle Parfitt co-leads the Multidistrict Litigation for talcum powder cases and has played a key role in state court litigation, where juries have awarded verdicts against Johnson & Johnson in multiple cases.
What is this case about?
This case alleges that the use of talcum powder products increase the risk of and cause ovarian cancer.
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Who are the defendants?
The primary defendants in this case include:
Johnson & Johnson – designed and manufactured talcum powder products
Imerys Talc – now facing bankruptcy over ovarian cancer claims, this company mined talc and sold it to Johnson & Johnson for use in its talcum powder products.
Personal Care Products Council – this is the industry lobbying and trade group for manufacturers of talc and other cosmetic products. They are accused of assisting Johnson & Johnson, Imerys Talc, and other industry members with concealing the science linking talcum powder use with ovarian cancer.
What products are involved?
Johnson’s Baby Powder and Shower to Shower
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Who might have been affected?
Women diagnosed with Ovarian Cancer who used Johnson’s Baby Powder and/or Shower to Shower for feminine hygiene purposes and/or for other purposes around the genital area.
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What are the basic claims?
Failure to Warn. The defendants were aware of the dangers associated with genital use of talcum powder products but failed to warn consumers of these dangers.
Defective Manufacture and Design. The Defendants designed and manufactured talcum powder products whose foreseeable risks far outweighed the benefits associated with use.
Breach of Warranty. The Defendants advertised and promoted their products as safe for use, and breached these warrants by failing to provide a product safe for use.
Negligence. The Defendants failed their duty to act with reasonable care in the design, development, marketing, labeling, manufacturing, formulating, testing, monitoring, and sale of talcum powder products.
Negligent Misrepresentation. Through their actions and omissions in advertising, promoting, labeling and otherwise, the Defendants made public misrepresentations of material facts to, and/or concealed material facts from consumers concerning the character, safety and effectiveness of talcum powder products.
Fraud. With the intent to deceive, Defendants misrepresented and/or concealed material facts about their talcum powder products from consumers.
Consumer Protection Violations. The Defendants violated laws established in multiple states to protect consumers from companies who, amongst other things, misrepresent the qualities of their products, over-promote the safety and effectiveness, and engage in fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding by the consumer.
Fraudulent Concealment. The defendants intentionally concealed safety issues regarding their talcum powder products for the purpose of inducing consumers to purchase the products.
Civil Conspiracy. Defendants agreed, contrived, confederated, acted in concert, aided and abetted and/or conspired to defraud consumers of talcum powder products regarding the true nature of the products and their potential to cause ovarian cancer when used in a reasonably foreseeable manner.
Where cases are being filed?
Cases are primarily being filed in federal courts. Those cases are then transferred to the Multidistrict Litigation in New Jersey, where a district court judge is deciding key issues pertaining to causation, the sufficiency of evidence, and the admissibility of certain expert witnesses. Depending on the individual facts of a case, a lawsuit may be filed in a few select state courts.
How to get in contact with us?
If you’ve been diagnosed with ovarian cancer and regularly used talcum powder for feminine hygiene purposes, you should contact Ashcraft & Gerel for a free initial consultation today. The attorneys at Ashcraft & Gerel are experienced in handling talcum powder cases, have tried cases in state court, and are leading the overall MDL in New Jersey.
